Last Updated on June 4, 2009
1. ACCEPTANCE OF TERMS
Juvenile Diabetes No Limits Foundation (“Juvenile Diabetes No Limits”, “we,” “us,” “our”) provides this website to you subject to the following Terms of Service (“TOS”). We may update this TOS by posting a new version here, and your continued use of the service after any such update constitutes your binding acceptance of such changes.
2. DESCRIPTION OF SERVICE
Juvenile Diabetes No Limits Foundation is a not-for-profit organization created to foster the pursuit of active and exceptional lifestyles by individuals with juvenile diabetes. The Juvenile Diabetes No Limits website offers motivational and support materials for individuals with juvenile diabetes and their families and friends, as well as news and information, volunteer opportunities, and more (collectively, the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this TOS.
3. NON-COMMERCIAL USE
You acknowledge and agree that the Service is for personal use only. You may copy information from the Service for personal use, such as to view, print, or email the information, but you warrant that you will not, under any other conditions, reproduce, duplicate, copy, sell, trade, resell, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Service, without the express written consent of Juvenile Diabetes No Limits.
4. NOT PROFESSIONAL ADVICE
We strive to make the contents of the Service as useful as possible, but all of the contents, including but not limited to all text, graphics, and images appearing on the Service, are for informational purposes only, and do not constitute professional, legal or medical advice. You agree that you will not use the Service as a substitute for or supplement to advice from a qualified professional.
5. MODIFICATIONS TO SERVICE
Juvenile Diabetes No Limits reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. You agree that Juvenile Diabetes No Limits shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
The Service may provide links to other World Wide Web sites or resources. Because Juvenile Diabetes No Limits has no control over such sites and resources, you acknowledge and agree that Juvenile Diabetes No Limits is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
7. OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Service and the contents thereof are owned by Juvenile Diabetes No Limits or its licensors. You acknowledge and agree that the Service contains proprietary information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Juvenile Diabetes No Limits, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
8. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “as available” basis. Juvenile Diabetes No Limits expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Juvenile Diabetes No Limits assumes no responsibility for the timeliness, deletion, mis-delivery or failure to provide any content or to store any information.
b. Any content downloaded or otherwise obtained through the Service is downloaded and used at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such content.
c. No advice or information, whether oral or written, obtained by you from Juvenile Diabetes No Limits or from or through the Service shall create any warranty not expressly stated in the TOS.
9. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT Juvenile Diabetes No Limits SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Juvenile Diabetes No Limits HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE.
10. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
11. TRADEMARK INFORMATION
Juvenile Diabetes No Limits and other names, logos and marks are the trademarks and service marks of Juvenile Diabetes No Limits (the “Juvenile Diabetes No Limits Marks”). You agree that you will not display the Juvenile Diabetes No Limits Marks, or use the Juvenile Diabetes No Limits Marks in any manner, without the prior written permission of Juvenile Diabetes No Limits.
12. CHOICE OF LAW AND FORUM
The TOS and the relationship between you and Juvenile Diabetes No Limits shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. By using the Service, you agree that any controversy or claim arising out of or relating to this TOS shall be brought in the federal and state courts of Hennepin County, Minnesota, and you agree to waive all jurisdictional and venue defenses otherwise available.
13. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Juvenile Diabetes No Limits with respect to the Service and supersedes any prior agreements, oral or written, between you and Juvenile Diabetes No Limits.
Waiver and Severability of Terms. The failure of Juvenile Diabetes No Limits to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
Section Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.