Terms of Use

Terms of Use:

The following terms and conditions govern all use of the The Myalgic Encephalomyelitis Action Network website and all content, services and products available at or through the website. The Website is owned and operated by The Myalgic Encephalomyelitis Action Network (“The ME Action Network”, “#MEAction”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, The Myalgic Encephalomyelitis Action Network’s Privacy Policy) and procedures that may be published from time to time on this Site by The Myalgic Encephalomyelitis Action Network (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by The Myalgic Encephalomyelitis Action Network, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your Myalgic Encephalomyelitis Action Network Account. If you create an account on the Website, you are responsible for all activities that occur under the account and any other actions taken in connection with the newsletters built. You must immediately notify The Myalgic Encephalomyelitis Action Network of any unauthorized uses of your account or any other breaches of security. The Myalgic Encephalomyelitis Action Network will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility. If you submit an event, petition, news article, or opinion piece to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by The Myalgic Encephalomyelitis Action Network or otherwise.

By submitting Content to The Myalgic Encephalomyelitis Action Network for inclusion on your newsletter, you grant The Myalgic Encephalomyelitis Action Network a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing your newsletter. If you delete Content, The Myalgic Encephalomyelitis Action Network will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, The Myalgic Encephalomyelitis Action Network has the right (though not the obligation) to, in The Myalgic Encephalomyelitis Action Network’s sole discretion (i) refuse or remove any content that, in The Myalgic Encephalomyelitis Action Network’s reasonable opinion, violates any The Myalgic Encephalomyelitis Action Network policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in The Myalgic Encephalomyelitis Action Network’s sole discretion.

Medical or Legal Content

Third Party Beneficiaries — Medical and Legal Contributions

All The Myalgic Encephalomyelitis Action Network users who provide answers to legal or medical questions or submit content of a medical or legal nature are intended third-party beneficiaries (“Legal & Medical Contributors”) of this section of the Terms of Use. The answers on this site are provided by Legal & Medical Contributors for informational purposes only. The Myalgic Encephalomyelitis Action Network and Legal & Medical Contributors TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

In no event shall The Myalgic Encephalomyelitis Action Network or Legal & Medical Contributors be liable for any damages (including, without limitation, incidental and consequential damages, personal injury / wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not The Myalgic Encephalomyelitis Action Network or its Legal & Medical Contributors is advised of the possibility of such damages. Neither The Myalgic Encephalomyelitis Action Network nor the Legal & Medical Contributors are liable for any personal injury, including death, caused by your use or misuse of the Site or Content.

Content submitted by Legal & Medical Contributors are their sole creation and responsibility. We do not endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any answers or messages posted by Legal & Medical Contributors, nor do we endorse any opinions they express.

Medical Content

Content posted by Medical Contributors is not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created by Content provided by Medical Contributors.

If you think you may have a medical emergency, call your doctor or your local emergency number (911 in the United States) immediately.

1. Content is not a substitute for professional medical advice, examination, diagnosis or treatment.
2. You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on Content.
3. You should always seek the advice of your physician or other qualified healthcare professional before starting or changing treatment.
4. Content should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider.
5. Content does not recommend or endorse any tests, physicians, products, procedures, opinions or other information.
6. Content is not regulated by the Food and Drug Administration or any state or national medical board.

Information posted to The Myalgic Encephalomyelitis Action Network publicly or sent in an unsolicited message to a Medical Contributor is not confidential and does not establish a physician-patient relationship without the express consent of the Medical Contributor.

Legal Content

Content posted by Legal Contributors is not intended to be legal advice or form an attorney-client relationship. If you believe you have a legal claim, contact an attorney licensed in your state (or country) immediately to discuss your options. Most state bar associations have services to aid you in finding an attorney. For example, California residents should visit http://www.calbar.ca.gov/Public/Pamphlets/HiringaLawyer.aspx

Content is provided for informational purposes only, with no assurance that the Content is true, correct, or accurate. No action should be taken, delayed, or deferred based on the Content.

1. Content is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. Should you ignore this warning and send specific or confidential information in a private message or post it as a comment, there is no duty to keep that information confidential or to discontinue or forego any representation adverse to your interests.
2. You should not delay or forego seeking legal advice or disregard professional legal advice based on Content. Delay in seeking such legal advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitation.
3. Content is not regulated by any state or national bar association.
4. Information posted to The Myalgic Encephalomyelitis Action Network publicly or sent in an unsolicited message to a Legal Contributor is not confidential and does not establish attorney-client relationship without the express consent of the Legal Contributor.

Links

The Website or content may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by The Myalgic Encephalomyelitis Action Network of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Intellectual Property. This Agreement does not transfer from The Myalgic Encephalomyelitis Action Network to you any The Myalgic Encephalomyelitis Action Network or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Myalgic Encephalomyelitis Action Network. The Myalgic Encephalomyelitis Action Network, the The Myalgic Encephalomyelitis Action Network logo, and all other trademarks, service marks, graphics and logos used in connection with The Myalgic Encephalomyelitis Action Network, or the Website are trademarks or registered trademarks of The Myalgic Encephalomyelitis Action Network or The Myalgic Encephalomyelitis Action Network’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any The Myalgic Encephalomyelitis Action Network or third-party trademarks without permission or within the guidelines of toolkits or other Network documents.

Changes. The Myalgic Encephalomyelitis Action Network reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Myalgic Encephalomyelitis Action Network may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. The Myalgic Encephalomyelitis Action Network may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your The Myalgic Encephalomyelitis Action Network account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. The Website is provided “as is”. The Myalgic Encephalomyelitis Action Network and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Myalgic Encephalomyelitis Action Network nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability. In no event will The Myalgic Encephalomyelitis Action Network, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Myalgic Encephalomyelitis Action Network under this agreement during the twelve (12) month period prior to the cause of action. The Myalgic Encephalomyelitis Action Network shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the The Myalgic Encephalomyelitis Action Network Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless The Myalgic Encephalomyelitis Action Network, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous. If there is any dispute between you and The Myalgic Encephalomyelitis Action Network about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of [], without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in [] with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided always that The Myalgic Encephalomyelitis Action Network may seek and obtain injunctive relief in any jurisdiction.

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.

You agree that if The Myalgic Encephalomyelitis Action Network does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which The Myalgic Encephalomyelitis Action Network has the benefit of under any applicable law), this will not be taken to be a formal waiver of The Myalgic Encephalomyelitis Action Network’s rights and that those rights or remedies will still be available to The Myalgic Encephalomyelitis Action Network.

Last updated April 2015

If you have questions about these Terms, please Contact Us.