Terms & Conditions of Use Agreement
International Foundation for CDKL5 Research & CDKL5.com
Thank you for visiting our site. In this Terms & Conditions of Use Agreement (the “Agreement”), “IFCR”, “we”, “our” or “us” refers to International Foundation for CDKL5 Research, an Ohio non-profit corporation, CDKL5.com, and its affiliates. IFCR and its affiliates provide services and use of the website CDKL5.com (the “site”) to you (the “User”) subject to the following terms and conditions.
PLEASE READ THE ENTIRE TERMS & CONDITIONS OF USE CAREFULLY BEFORE YOU ACCESS OR USE THE SITE. IF YOU DO NOT AGREE TO ALL THE TERMS & CONDITIONS SET FORTH HEREIN YOU MAY NOT USE THE SITE OR ANY OF IFCR’S SERVICES OR RESEARCH FINDINGS. BY CONTINUING, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS & CONDITIONS OF USE IN THEIR ENTIRETY.
YOU MUST BE AT LEAST 18 YEARS OLD TO ACCESS AND USE THE SITE OR ANY OF ITS FEATURES OR SERVICES.
NO MEDICAL ADVICE. THIS SITE IS NOT INTENDED FOR RENDERING OR OBTAINING MEDICAL ADVICE. BY USING THIS SITE YOU AGREE THAT YOU HAVE READ AND ACKNOWLEDGE THE MEDICAL DISCLAIMER.
Online account information and certain other information is subject to our Privacy Statement. For more information please see our full Privacy Statement.
By accessing and using the site you agree to these terms and conditions. A User is defined as any visitor including both registered and unregistered visitors (all visitors have the ability to browse the site, including through a mobile device). Certain areas or features of the site may be restricted to Users who have obtained an ID and password by completing a registration process. Please be sure to protect and maintain the confidentiality of any information you may obtain in connection with your use of the site. You agree to notify IFCR immediately if you believe your ID, password or other identifying information has been lost, stolen or otherwise compromised. If you do not agree to the terms and conditions of this Agreement, you should immediately discontinue use or viewing of the site.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our terms and to review our most current terms.
Modifications shall become effective immediately upon being posted at the site. Your continued use of the site after amendments are posted constitutes acknowledgement and acceptance of the terms. Except as provided in this paragraph, this Agreement may not be amended.
IFCR may refuse to offer or continue offering services to any person or entity for any reason or no reason and may change its eligibility criteria from time to time.
1.0 Description of Service – Limited Use License Agreement
International Foundation for CDKL5 Research is a non-profit focused on being the leader in CDKL5 patient education in the English-speaking world. Our site give families living with CDKL5 deficiency disorder the information and resources they need to help their affected loved one. We also partner with CDKL5 organizations around the world to adapt our guides to the educational and medical processes of their own countries. CDKL5.com is a complimentary information service website dedicated to anyone affected by CDKL5 and to finding a cure for CDKL5. CDKL5.com allows Users to create an online account in order to communicate with others affected by CDKL5, obtain email updates on research and information regarding CDKL5 and events and current information for IFCR. Any information provided by IFCR to a User is for non-commercial personal use only.
By accessing and using the site and its features you are licensed to use the Content only for the purpose of requesting services or researching information on this site. The downloading of the whole or significant portions of any content or database is strictly prohibited. Resale of any Content or database or portion thereof, is also prohibited. Violation of this License Agreement may result in legal action being taken against you.
2.0 Registration Process
To become a registered User, the User must complete the registration process by providing IFCR (or its service providers) with current, complete and accurate information, as more specifically required by the registration procedures. By way of illustration and not limitation: to register, a prospective User may be required to specify a username and password, and to provide a name, address, zip code, legitimate electronic mail address and certain additional information (for example, preferred contact method); in order to use certain aspects of the service, Users may also elect to provide access information related to accounts at social networking websites (such as, Facebook, Twitter, Instagram, LinkedIn); and in order to make purchases Users may be required to provide information about authorized payment methods.
Each User shall maintain and update their registration profile data, to ensure that it is always current, complete and accurate. At its sole discretion, IFCR may refuse to accept any User’s registration for any reason.
Upon acceptance, IFCR will provide access credentials to the registered User. Each User will be solely liable for any and all activities under User’s account. Multiple User accounts are prohibited. Any individual User may only register for and maintain one (1) account.
3.0 Proprietary Rights to Content
You acknowledge and agree that the site contains information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material (collectively referred to as “Content”) protected by copyright, trademark, patents, service marks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.
All Content displayed by IFCR on the site and all software, data and information used to create the site and the Content, including text and images, logos, method of display and presentation, source code, object code, embedded routines and programs and other materials, as well as all copyrights, trademarks, service marks, patents and other intellectual property rights, or proprietary rights therein or thereto, are owned by IFCR, its affiliates, suppliers or licensors, and are protected under U.S. and international copyright, trademark and other applicable laws and treaties including international trade and export laws. All rights not expressly granted to you by us in this Agreement are reserved to IFCR and you acknowledge and agree that you do not acquire any ownership rights by accessing or downloading copyrighted material or Content as authorized hereunder.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED BY IFCR ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS ONLY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IFCR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IFCR SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE. IN ADDITION, IFCR DOES NOT WARRANT OR REPRESENT THE FOLLOWING: (1) THE SITE WILL MEET YOUR REQUIRMENTS, (2) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (5) THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (6) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED, INCLUDING BUT NOT LIMITED TO, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU (AND NOT US OR ANY OF IFCR’S AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR VENDORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION FOR ANY SUCH DAMAGE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS OF USE.
THE MATERIAL AVAILABLE THROUGH IFCR IS FOR INFORMATIONAL PURPOSES ONLY. BEFORE YOU ACT ON ANY INFORMATION YOU’VE FOUND ON THIS SITE, YOU SHOULD INDEPENDENTLY CONFIRM ANY FACTS THAT ARE IMPORTANT TO YOUR DECISION. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH IFCR, YOU EXPRESSLY AGREE THAT YOU DO SO AT YOUR OWN RISK.
IFCR DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTY OF NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE THE ABOVE-REFERENCED EXCLUSION MAY NOT APPLY TO YOU.
THE INFORMATION THAT IS PROVIDED ON THIS SITE IS A PUBLIC SERVICE OF IFCR. IT SHOULD NOT IN ANY WAY SUBSTITUTE FOR THE ADVICE OF A QUALIFIED HEALTH CARE PROFESSIONAL AND IT IS NOT INTENDED TO CONSTITUTE MEDICAL ADVICE.
The IFCR website does not contain medical advice. The contents of this site are not intended to substitute for professional medical advice, diagnosis or treatment. Although efforts are taken to keep any medical information on the site updated, we cannot guarantee that the information reflects the most up-to-date medical research. The contents of this site, such as text, graphics, images and other material are intended for informational and educational purposes only and not for the purpose of rendering medical advice. Please consult your physician for medical advice. Always seek the advice of a physician or other qualified healthcare provider with any questions regarding a medical condition. Never disregard or delay seeking professional medical advice or treatment because of something you have read on this site. Before taking medications of any kind including, over-the-counter drugs, supplements or herbs, consult a physician. IFCR does not endorse any medications, supplements, vitamins or herbs. A qualified health care provider should make a decision on medications based on each person’s medical history and current prescriptions. In any medical emergency call 911 immediately. IFCR does not recommend or endorse any specific test, physician, product, procedure, or opinion. Reliance on any information provided by IFCR, IFCR employees, agents, assigns, others represented on the CDKL5.com website by IFCR’s invitation or other visitors, is solely at your own risk. IFCR thru its website CDKL5.com does not collect any personally identifiable health information and is not a health care provider, a health plan, a health care clearing house, or health care information data service provider for purposes of application of the Health Insurance Portability and Accountability Act of 1996 (HIPPA) or the Health Information Technology for Economic and Clinical Health Act (HITECH).
ADVERTISING AND SPONSORSHIP POLICY
5.0 Limitation of Liability
IFCR SHALL NOT be liable for any damages whatsoever, and in particular IFCR shall not be liable for any DIRECT, special, indirect, consequential, or incidental damages, or damages for lost profits, LOST INCOME, loss of revenue, or loss of use, arising out of or related to THE USE OR THE INABILITY TO USE THE SITE or the information contained in it, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA PROVIDED BY YOU, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if IFCR has been advised of the possibility of such damages.
6.0 Waiver of Jury Trial
IFCR ALONG WITH ANY USER HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
You agree to indemnify and hold IFCR, its subsidiaries, affiliates, officers, agents, attorneys and employees, harmless from any claim or demand of any kind whatsoever, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of the use of the site, the violation of this Agreement, or infringement by another User, of any intellectual property or any other right of any person or entity who may have gained access to the site by using your ID and password.
8.0 COPPA Notice
CHILDREN ONLINE PRIVACY PROTECTION ACT (“COPPA”) NOTIFICATION
***Special Note for Parents or Guardians of Children
This site was not designed for anyone under the age of 18. We are not responsible for any access or use of the site by children or minors under the age of 18. CDKL5.com does not sell products designated for purchase by children under the age of 13 or anyone under the age of 18 nor is it designed for their use or entertainment.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protections are available to you online.
Please see our COPPA information provided in our Privacy Statement for more information regarding use of the site and children under the age of 13 and anyone under the age of 18.
9.0 Technology Export Control
Through the Bureau of Industry and Security and its use of the Export Administration Regulations, the United States government has implemented export control laws that regulate the export and re-export of technology originating from within the United States. This technology includes the electronic transmission of information or software. The export control laws regulate the exporting or re-exporting of this technology to foreign countries and to certain foreign nationals. You agree to abide by these laws and regulations, including but not limited to, the Export Administration Act, U.S. Foreign Corrupt Practices Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the website to either a foreign national or foreign destination in violation of such laws.
10.0 Legal Compliance
IFCR reserves the right to use any information available by virtue of your use of the site (including, for example, reverse IP address inquiry) in order to comply with any law, to enforce our Agreement or Privacy Statement, or to protect the rights, property or safety of all visitors and users.
By using IFCR, you agree not to generate any content, post, submit or transmit through IFCR any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability, damages or otherwise violate any law, treaty, copyright, trademark, or that, without our express prior approval, contains advertising or any solicitation with respect to commercialized products or services.
The sender of any communications to IFCR shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting content, you represent and warrant that you either own or otherwise control all rights necessary for you to provide post, upload or submit that content. Without limiting the foregoing, you shall be liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any content or other material submitted by you to IFCR and agree that you will indemnify and hold IFCR harmless from and against any claims, damages or losses related to such content or other material.
We reserve the right to deny access to anyone who violates this Agreement or who, in our judgment, interferes with the ability of others to enjoy the site or infringes in anyway the rights of others. We will comply with the requirements of the law regarding disclosure of any content to others, including law enforcement agencies and court orders.
By submitting communications or materials to IFCR, you grant IFCR, its affiliates and licensees a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, publicly display, publicly perform and distribute such material and content (in whole or in part) alone or as incorporated into other works in any form, media, advertising or technology now known or hereafter on a worldwide basis. By disclosing any information, you hereby waive any claim that IFCR misappropriated any such content or materials.
11.0 Modifications and Interruption to Service
IFCR reserves the right to modify or discontinue any services with or without notice. IFCR shall not be liable to a User or any third party should IFCR exercise its right to modify or discontinue any service. Each User acknowledges and accepts that IFCR does not guarantee continuous, uninterrupted or secure access to the site and operation of the site may be interfered with or adversely affected by numerous factors or circumstances outside of our operation or control.
12.0 Service Disclaimer Information
IFCR disclaims liability for any products, sales or transactions related to third parties or affiliates and obtained through any posting, listing or link via IFCR.
Users agree to indemnify, hold harmless, and defend IFCR AND ITS STAFF, AGENTS AND OFFICERS (hereinafter referred to as “IFCR Parties”) from any and all fault, liabilities, costs, expenses, claims, and demands or lawsuits arising out of, related to or connected with this Agreement or the site.
13.0 Third-Party Links
IFCR may include links to online merchants, vendors, suppliers, manufacturers, material men, contractors, subcontractors, service providers and/or other third parties (collectively referred to as “Vendor(s)”). Any such links to Vendors are provided for your convenience only, and such links do not imply endorsement by IFCR of such Vendors or the content contained therein. You acknowledge that we are not responsible for the availability of, or the content located on or through, any Vendors. You should contact those Vendors if you have any concerns regarding such links or the content. Your use of Vendors is subject to the terms & conditions of use and privacy policies of each Vendor. We encourage all Users to review said policies of all Vendors.
14.0 Governing Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the United States of America, without regard to any principals of conflicts of law. Any and all services and rights of use hereunder are considered performed in the State of Ohio, United States and you agree that any action at law or in equity that arises out of or relates to IFCR or these Terms & Conditions of Use will be filed only in the state or federal courts located in Medina County, Ohio and the Federal Northern District of Ohio, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
15.0 Compliance with Laws and International Use
You assume all knowledge of applicable laws and are responsible for compliance with any such laws. You may not use the site in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
Furthermore, we make no representation that materials or services on the site are appropriate or available for use in locations outside the United States, and accessing them from territories where their content is illegal is prohibited. Those who choose to access the site from other locations outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with those local laws and regulations. Please see actual regulations for more information.
16.0 Copyright, Trademark and Service Mark Information
All Content included or available on the site, including design elements, text, graphics, interfaces, and the selection and arrangements thereof is the property of IFCR with all rights reserved, or is the property of third parties protected by intellectual property rights. Any use of materials on the site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of IFCR is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy IFCR or any content.
International Foundation for CDKL5 Research™ is a proprietary mark of IFCR whose trademarks may not be used in connection with any product or service that is not provided by IFCR, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits IFCR.
All other trademarks displayed on the site are the trademarks of their respective owners and may only be used with the permission of the particular owner. Trademarks constitute neither an endorsement nor a recommendation. In addition, such use of trademarks or links to Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with IFCR.
17.0 Notification of Claimed Copyright Infringement
We respect the intellectual property of others and we ask our Users to do the same. If you believe that your work has been copied and is accessible on the site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
- A description of the copyrighted work that you claim has been infringed;
- Identification of the URL or other specific location on the site where the material you claim is infringing is located;
- Your name, address, telephone number, email address, and statement that you are an authorized person to act on behalf of the owner of the copyright;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An affidavit submitted by you, sworn to and made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are an authorized agent to act on behalf of the copyright owner.
Pursuant to Section 512(c) of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act, IFCR designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
International Foundation for CDKL5 Research
Attention: Copyright Notice Dept.
P.O. Box 926
Wadsworth, Ohio 44282
By Email: firstname.lastname@example.org
IFCR retains the right, at our sole discretion, to terminate any User involved with botnets and related activities. If any hostnames are used as command and control points for botnets, IFCR reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Use of the site by you for spamming is strictly prohibited.
20.0 Miscellaneous Terms
This Agreement constitutes the entire understanding between you and us, superseding any prior agreements and understandings, and governs your use of the site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to enforce or exercise any right or provision shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and in full force and effect. You agree that this Agreement and any other agreements referenced herein, may be assigned by IFCR, in our sole discretion, to a third party in the event of a merger or acquisition. The section titles and headings are for convenience only and have no legal or contractual effect.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created.
Any rights not expressly granted herein are reserved by and for us.
Your communications with IFCR may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
By submitting information to IFCR through the site or otherwise you are making an inquiry as to services offered by IFCR and give IFCR permission to contact you through Email, fax, telephone, mobile phone, or any means, even if your phone number or mobile number is on a “Do Not Call” list.
Certain sections or pages on the site may contain separate terms and conditions, which are in addition to this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
IFCR will use commercially reasonable efforts to promptly respond and resolve any problem or question.
© Copyright 2019, International Foundation for CDKL5 Research. All Rights Reserved.