Last Updated: May 17, 2016
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH OUR PRIVACY POLICY, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITES.
These Terms of Use, which include our Privacy Policy (“Terms”) state the terms and conditions under which you may use our websites StandwiththeGreaTS.org and NJCTS.org (the “Websites”). By accessing, browsing and/or using any of the Websites you acknowledge that you have read, understood and agree to be legally bound by these Terms. If you do not accept these Terms (and therefore do not agree to be bound by these Terms), do not use any of the Websites. We reserve the right to amend these Terms at any time by posting the amended terms on our Websites. You should therefore check this page and our Privacy Policy page regularly. Your use of any of our Websites following any such change constitutes your agreement to follow and be bound by the Terms as changed.
Except where otherwise noted, all material, content, data and any other information on the Websites, including all design, organization and all database rights therein, are owned by NJCTS or by entities or individuals other than NJCTS and are legally protected under intellectual property laws (“Content”). You may not copy or use any Content in any way unless prior written consent is obtained from NJCTS or the owner or in accordance with the rights granted in the Acceptable Use section below. The product names and trademarks on the Websites, including without limitation NJCTS and The GreaTS are the registered and/or unregistered marks of NJCTS or its licensors (“Trademarks”). You may not use any of the Trademarks other than as expressly provided in the Acceptable Use section below.
We respect the rights of the intellectual property of others, and we ask users of our Websites to do the same. We may, in appropriate circumstances and in our discretion, take steps to disable and/or terminate access to any of our Websites whom we believe have infringed intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at:
NEW JERSEY CENTER FOR TOURETTE SYNDROME & ASSOCIATED DISORDERS, INC.
Phone: (908) 575-7350
Email: info@njcts.org
We grant you a personal, revocable, nonexclusive, nontransferable and limited license and right solely in connection with your direct personal, non-commercial use to: (a) access and use our Content and our Websites; (b) access, use, download, distribute and reproduce in electronic or hardcopy form the Content located in our Resource Center page on Standwiththegreats.org; and (c) to reproduce certain of our Trademarks that are expressly authorized for reproduction on our Websites. You represent, warrant and agree that you will not use any of our Content or Websites or any other materials for any purpose or in any manner that is prohibited by these Terms or by applicable law. Without limitation, you may not do the following: (a) send unsolicited commercial email to the email addresses provided on the Websites; (b) post or transmit to or from the Websites any unlawful, defamatory, obscene or other information or material that would violate any applicable law or violate or infringe upon the rights of any other person; (c) disrupt, interfere or attempt to interfere with the proper functioning of the Websites or NJCTS, or (d) frame, mirror or display the contents of any part of any Website within any materials not originated by NJCTS.
We welcome your feedback and suggestions about how to improve our Websites and well as any other materials or content that you may provide to us. We have no obligation to accept or use any such materials or content nor do we have any obligation to keep it confidential. You shall retain ownership of any ideas, suggestions, information, know-how, photographs, videos, images, materials or any other material or content that you provide to us (“Submissions”) and all Submissions shall be deemed to include a royalty-free, perpetual, irrevocable worldwide nonexclusive right and license for NJCTS and each user of our Websites to access, use, publish, reproduce, disseminate, transmit, distribute, copy, create derivative works of, display (in whole or in part) and otherwise exploit the Submission without additional approval or consideration, in any form, media or technology now existing or later developed for the full term of any rights that may exist to the contrary, and you hereby waive all claims to the contrary. You represent and warrant that you have all rights to use such Submissions and to grant us the rights herein, and that all such Submissions comply with the provisions of these Terms and all applicable laws. You accept all risks relating to the submission of and use of the Submissions.
Our site may contain links to other resources and sites on the internet. NJCTS has no control over such sites or resources and the content of these linked sites are the sole responsibility of such sites and their contributing authors. In the event that you purchase products and services though our Websites that are provided by third parties, such third parties are solely responsible for the quality and delivery of their products and services and NJCTS has no control over the quality or timing of delivery. NJCTS provides such links for convenience only, and does not endorse any product or service linked to or referenced in our website. If you choose to access a third party website linked or listed on any of our Websites or order any products or services from such third party you do so entirely at your own risk.
Our Websites may also contain information provided by third parties, including Submissions from other users. Whenever possible, such information is marked with the name of the source and does not necessarily represent the opinion of NJCTS.
You may freely link to our homepage on either of our Websites, although we reserve the right to rescind our consent to any such in our sole discretion, and to take any legal action we deem appropriate.
Your privacy is important to us. Our use of your information is governed by our Privacy Policy. Please read it carefully since it is describes how we collect and use information we obtain from you.
All Content, Submissions, posts, articles and messages that appear in our Websites, including those provided by NJCTS, are provided for general information purposes only. They do not represent individual medical advice, counsel concerning individual treatments or medical care, referrals to healthcare professionals, or any other recommendations. You should not rely on any information in the Content, Submissions or on the Websites to replace consultations with your doctor and other qualified healthcare professionals regarding your individual health needs. Statements or opinions expressed by physicians and other independent authors reflect the views of each such individual and do not necessarily reflect the views or any official policy of NJCTS.
THE WEBSITES AND ALL CONTENT AND SUBMISSIONS AND OTHER INFORMATION PROVIDED ON OR THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NJCTS AND ITS AFFILIATES AND ALL OF THEIR RESPECTIVE LICENSORS, SHAREHOLDERS, PARTNERS, PROPRIETORS, OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, REPRESENTATIVES, AGENTS, PREDECESSORS, SUCCESSORS AND/OR ASSIGNS (COLLECTIVELY THE “THE NJCTS PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY RESULTS OBTAINED FROM THE WEBSITES WILL BE CORRECT, ACCURATE, RELIABLE OR OTHERWISE.
YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE CONTENT, SUBMISSIONS, THE WEBSITES OR OTHER INFORMATION PROVIDED ON OR THROUGH THE WEBSITES AND YOUR USE AND THE PERFORMANCE THEREOF, WHETHER PROVIDED BY NJCTS OR THIRD PARTIES, IS ASSUMED ENTIRELY AND SOLELY BY YOU.
IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, SECURITY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE WEBSITES. IN NO EVENT SHALL ANY OF THE NJCTS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, SUBMISSIONS, WEBSITES, OR OTHER INFORMATION PROVIDED ON OR THROUGH THE WEBSITES OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY ARISING OUT OF OR ALLEGED TO ARISE OR BE CAUSE BY IN CONNECTION WITH, WITHOUT LIMITATION: (A) YOUR USE OF THE CONTENT, SUBMISSIONS OR WEBSITES OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITES, OR RELIANCE THEREON OR ANY INFORMATION USED OR COLLECTED ABOUT YOU ON OR THROUGH THE WEBSITES, OR (B) THE USE OF OR RELIANCE ON ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES, (C) ANY INACCURACY, ERROR, OR DELAY IN, OR OMISSION OF ANY INFORMATION OR THE TRANSMISSION OR DELIVERY OF INFORMATION, AND ANY LOSS OR DAMAGE ARISING THEREFROM, (D) ANY NEGLIGENCE OF NJCTS OR ITS AGENTS, OR ANY FORCE MAJEURE EVENT, UNAUTHORIZED ACCESS OR THEFT, OPERATOR ERRORS, COMMUNICATIONS OR SYSTEMS FAILURES OR ANY EVENT OUTSIDE OF THE CONTROL OF NJCTS; (E) ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE OR SERVICE; OR (F) ANY OTHER MATTER RELATING TO THE WEBSITES OR SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, IN SUCH JURISDICTIONS THE NJCTS PARTIES ‘ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED TWENTY DOLLARS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.
You agree to defend the NJCTS Parties against all claims, proceedings, demands, or actions arising from or relating to your use of the Content, Submissions, Websites, or other information provided on or through the Websites or these Terms or your breach of these Terms (each a “Claim”) and you shall indemnify and hold NJCTS Parties harmless from and against any expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us, at our request, in the defense of any such Claim.
We reserve the right in our sole discretion to terminate or restrict your access to and use of the Websites, or any part of the Websites, without notice and for any and all reasons, and without any liability whatsoever to you or any third party. You may terminate your acceptance of your agreement with us by discontinuing any further use of our Websites. Upon any termination of these Terms by either you or us, you must promptly destroy all materials downloaded from any Website, as well as copies of such materials, whether made under the terms of these Terms or otherwise.
Our Websites are intended for use in the State of New Jersey and the United States only, and we make no representation or warranty that our Websites or their Content are suitable or authorized for use in other locations. If you access any of our Websites from any other jurisdiction, including those outside of the United States, you do so entirely at your own risk and you understand and consent to the collection, storage, processing and transfer of your information by us, including to and from our third party contractors and business partners, as described in these Terms.
These Terms and the relationship between you and NJCTS shall be governed by the law of the State of New Jersey and those of the United States without regard to any conflict of law rules. You and NJCTS agree to submit to the exclusive and personal jurisdiction and venue for any dispute in the state and Federal courts of Newark, New Jersey, USA. Any cause of action you may have with respect to the Websites or these Terms must be commenced within one (1) year after the claim or cause of action arose.
In the event that any portion of the Terms is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Terms shall remain in full force and effect. No waiver of any term of our Terms shall be deemed a continuing waiver of such term or any other term. The failure of NJCTS to enforce your strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.
These Terms, together with our Privacy Policy which is incorporated by reference, constitute the entire agreement between you and NJCTS and your use of our Websites and supersede any prior understanding or agreements (written or oral).
Please direct all questions and comments to:
NJ CENTER FOR TOURETTE SYNDROME & ASSOCIATED DISORDERS, INC.
50 Division Street
Suite 205
Somerville, NJ 08876
Ph: (908) 575-7350
Fx: (908) 575-8699
info@njcts.org