Website terms

End Chronic Disease Institute, Inc. (“End Chronic Disease”, “we”, “us” and terms of similar meaning) provides this web site (www.endchronicdisease.org) and the services provided by or through this web site to you subject to these Terms of Service, the Privacy Policy (the “Privacy Policy”) and all policies and guidelines incorporated by reference in these Terms of Service or the Privacy Policy (collectively, the “Terms”). The Terms govern your use of:

1. this web site and any other web site provided by End Chronic Disease, including any successor website (together, the “Site”); and
2. any offerings or services provided to you by End Chronic Disease, including services provided through the Site;

(all of the foregoing is collectively, the “Services”).

Certain Services may be subject to additional terms and conditions. Please read these Terms and any other applicable terms and conditions carefully before using the Services. By accessing or using the Services, you acknowledge that you have read and understood these Terms and agree to be legally bound by these Terms. If you do not agree to be bound by these Terms or any other applicable terms and conditions in their entirety, you may not use the Services.

The information on this website is for general educational purposes only and is not intended as legal, financial or medical advice, or diagnosis or treatment. Always ask your doctor or another qualified health provider about any medical condition. Reading this Site, or contacting us through it, does not create a doctor-patient relationship and End Chronic Disease cannot make referrals to physicians or healthcare facilities. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. Please don’t send personal medical details through our contact forms.

1. Updates to these Terms

End Chronic Disease reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms, or any policy or guideline applicable to the Services, at any time. If we do so, we will make reasonable efforts to communicate these changes to you via email at the email address you provide, if any, or we will post a notice on the Site. Unless otherwise specified, any changes or modifications will be effective immediately upon such notice, and your continued use of the Services after such notice will constitute your agreement to be bound by such modified Terms. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top.

If you do not agree to the modified Terms, you must stop using the Services. By using the Site, you agree to the Terms of Use. If you have any questions about the Terms, please email us at info@endchronicdisease.org.

2. Definitions

In these Terms, the following terms have the following meanings:

“Content” means the content available through the Services, including without limitation, all information, data, logos, trademarks, service marks, logos, brands, trade dress, designs, features, functionality, graphics, pictures, audio and video files, other files, and their selection and arrangement.

“Interactive Areas” means the forms or other areas of the Site in which you or third parties may submit information, questions, or other content, messages, materials or other items.

“User Content” means, as applicable (a) Content provided by or on behalf of a User in connection with the Services, such as content submitted by a User on the Interactive Areas or provided as input to the Services, and (b) data derived from or based on Users’ usage of the Services.

“Users” means users of the Services, whether they are supporters, donors, people who voluntarily provide information, or casual browsers of the Site.

3. Services are not for individuals under the age of 13

The Services are not intended to be used by children.

4. Privacy Policy and data processing

Please refer to the Privacy Policy for information on how End Chronic Disease collects, uses and discloses personal information. By using the Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

Notwithstanding anything to the contrary herein and without limiting End Chronic Disease’s other rights, you agree that End Chronic Disease may obtain and aggregate technical and other data about your use of the Services that is non-personally identifiable with respect to you (“Aggregated Anonymous Data”), and End Chronic Disease may use the Aggregated Anonymous Data to improve, support and operate the Services and for any other lawful purpose, even after the termination of your relationship with End Chronic Disease.

Users who wish to exercise privacy rights may do so in accordance with End Chronic Disease’s privacy policy located here describing User rights, and opt-out mechanisms required by applicable laws.

5. Security

We take security seriously, and use security technologies and services that we believe provide you with a secure and safe environment.

While we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Site. No system is perfectly secure or reliable, and transmission of information via the internet is not completely secure. In addition, reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Services, you accept these risks. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

6. Restrictions on use

As a condition of your access and use of the Services, you agree that you may use the Services only for lawful purposes (and shall not be used where prohibited or embargoed), for the intended and explicitly stated purposes, and in accordance with these Terms. You may not resell, lease, or provide them in any other way to anyone else, except as expressly permitted through the Site.

Further, as a condition of using the Services, you must not:

• attempt to undermine the security or integrity of End Chronic Disease’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
• use, or misuse, the Services in any way which may impair the functionality of the Services, or other systems used to deliver the Services or impair the ability of any other user to use the Services;
• attempt to gain unauthorized access to any materials, data or content other than those to which you have been given express permission to access or to the computer system on which the Services are hosted;
• use the Services to transmit any files that may damage End Chronic Disease’s or any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);
• attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services except as is strictly necessary to use either of them for normal operation; or
• otherwise attempt to interfere with the proper working of the Services.

7. Feedback

If you send or transmit any communications or materials to End Chronic Disease by mail, email, telephone, or otherwise, suggesting or recommending changes to End Chronic Disease intellectual property, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), End Chronic Disease is free to use such Feedback irrespective of any other obligation or limitation between you and End Chronic Disease governing such Feedback. You hereby assign to End Chronic Disease all right, title, and interest in, and End Chronic Disease is free to use without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although End Chronic Disease is not required to use any Feedback.

8. Ownership of Services, Content and trademarks

The Services and all Content is the property of End Chronic Disease or its licensors, and is protected by United States and international intellectual property laws, and all rights to the Services and Content are expressly reserved. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any right or license to intellectual property rights in the Services or Content, whether by estoppel, implication or otherwise. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any Services or Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from End Chronic Disease or the owner of such Service or Content if End Chronic Disease is not the owner. Any use of End Chronic Disease’s intellectual property, including but not limited to its trademarks, without End Chronic Disease’s express written consent is strictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in the Services or Content, including any such notices appearing on any Content you are permitted to download, transmit, display, print, or reproduce from the Site.

End Chronic Disease grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you through the Services, conditioned on your continued acceptance of, and compliance with, these Terms of Use. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify, translate, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, incorporate into any information retrieval system, or otherwise make derivative works of the Content, or reproduce, distribute or display the Content except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Services or the Content other than for their intended purpose; and (vi) you may not use the Services or the Content for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Site, or interfere with any other person’s use and enjoyment of the Site. End Chronic Disease reserves any rights not explicitly granted in these Terms of Use.

Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, and this Agreement. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws.

You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law in the United States, and any country in which you are using the Services.

All trademarks, registered trademarks, product names and company names or logos mentioned in the Services or Content are the property of their respective owners and cannot be used by you without the prior written consent of the respective owner. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by End Chronic Disease.

9. User Content and Interactive Areas

You are solely responsible for your use of such Interactive Areas and use them at your own risk. All User Content must comply with applicable federal, state, local and international laws and regulations. Without limiting the foregoing, you warrant and agree that your use of the Services and any User Content you provide shall not:

• in any manner violate any applicable federal, state, local or international law or regulation;
• in any manner violate the terms of use of any third party website;
• include any medical details about yourself or any other person;
• include or contain content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• include or contain any content that is unlawful, libelous, obscene, pornographic, indecent, lewd, suggestive, harmful, threatening, invasive of privacy or publicity rights, abusive, harassing, hateful, offensive, defamatory, inflammatory, discriminatory, or otherwise inappropriate or objectionable by End Chronic Disease;
• attempt to harm or exploit any person in any way;
• involve, provide, or contribute any false, inaccurate or misleading information;
• cause annoyance, inconvenience or harm or be likely to upset, embarrass, or alarm any person;
• transmit any viruses, corrupted data or other harmful, disruptive or destructive files;
• promote any illegal activity or advocate, promote or assist any unlawful act;
• include or contain any unsolicited promotions, political campaigning, advertising or solicitations; or
• include or contain any content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.

Any use of the Interactive Areas or other portions of the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.

User Content that you submit to us is your responsibility. You agree that End Chronic Disease has no responsibility or liability for any User Content you submit, or for any loss or damage this User Content may cause to you or any person.

You are solely responsible for maintaining copies of any User Content you submit to us.

10. Ownership and license to User Content

You grant us all necessary license rights to use your User Content to the extent necessary to provide the Services, now and in the future, and for other express purposes consented to herein. You grant us, our affiliates, subsidiaries and authorized third-party partners (“Authorized Partners”) a world-wide, royalty free, perpetual, irrevocable, non-exclusive, sublicensable license to access, use, reproduce, analyze, combine with other data sets, and otherwise process all User Content for the following purposes:

1. Performing, supporting, improving products and services, and otherwise fulfilling our obligations under this Agreement;
2. Conducting simulations, analytics or modeling to generate reports, trends, or recommendations;
3. Using such User Content for any purpose in accordance with our Privacy Policy; and
4. Complying with law and exercising its rights and remedies hereunder.

End Chronic Disease retains all rights in any products, services, models, or derivative works it creates.

For clarity, by submitting User Content to us through the Services, you (a) grant End Chronic Disease and its affiliates and subsidiaries a world-wide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content, and to generate derivative works, to offer additional or third party services to you, and to comply with the law and exercise remedies hereunder; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you submit, or you otherwise have the lawful right to submit that User Content, to or through the Services; and (ii) any User Content transmitted to End Chronic Disease does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You further waive any moral rights or other rights of authorship as a condition of submitting any User Content.

11. Using the Site

Your use of the Site is also subject to the following restrictions. You may not:

• interfere or attempt to interfere in any manner with the proper workings of the Site;
• misrepresent your identity or intentions when communicating with us;
• use the Site in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality;
• replicate, in whole or in part, the “look and feel” of the Site;
• reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof;
• circumvent or render ineffective any IP address-based functionality or restriction imposed by the Services;
• circumvent technological measures to prevent direct database access, nor manufacture tools or products to that effect; or
• build conversion functionality that converts Content from the Service to a competing product or service.

We reserve the right to rate limit other functionality to prevent abuse, spam, denial-of-service attacks, or other security issues.

12. Limitations and disclaimers

YOUR USE OF THE SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK, AND EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SITE AND ALL CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, IN ACCORDANCE WITH THE WARRANTY DISCLAIMER SET FORTH IN THESE TERMS. WITHOUT LIMITING THAT WARRANTY DISCLAIMER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, END CHRONIC DISEASE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, THAT CONTENT OR SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, NON-INFRINGING, BE OF GOOD TITLE, BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE, OR SUITABLE FOR YOUR PARTICULAR PURPOSE. END CHRONIC DISEASE DOES NOT WARRANT THAT THE SERVICES OR CONTENT ARE OR WILL BE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, DATA LOSS, ERRORS, THEFT OR DESTRUCTION. YOUR ACCESS TO AND USE OF THE SITE AND CONTENT, AND ANY RELIANCE ON THE SITE AND CONTENT, IS ENTIRELY AT YOUR OWN RISK. THE LIMITATION OF LIABILITY AND INDEMNIFICATION PROVISIONS SET FORTH ELSEWHERE IN THESE TERMS APPLY FULLY TO YOUR USE OF THE SITE AND CONTENT, AND END CHRONIC DISEASE SHALL HAVE NO LIABILITY OF ANY KIND ARISING OUT OF OR RELATING TO THE SITE AND CONTENT, INCLUDING FOR ANY ERRORS, OMISSIONS, OR INACCURACIES OR ANY ACTION YOU TAKE IN RELIANCE ON IT.

TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Third party information and materials

For your convenience, the Site may contain third party content or links to third party websites which are owned or provided by third parties (“Third Party Materials”). Inclusion in the Services of Third Party Materials does not imply End Chronic Disease’s endorsement, adoption or sponsorship of, or affiliation with, such Third Party Materials. You are responsible for satisfying yourself with the accuracy and completeness of Third Party Materials. End Chronic Disease makes no representation with respect to, nor does it guarantee or endorse, the quality, noninfringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services, or products. If you decide to access any third party sites linked from the Site, you do so entirely at your own risk.

14. Limitation of liability; indemnity

YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST END CHRONIC DISEASE, ITS AFFILIATES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SERVICES OR CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO INFRINGEMENT OF PROPRIETARY RIGHTS, OR ALLEGATIONS THAT ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SERVICES OR CONTENT.

WITHOUT LIMITATION OF THE FOREGOING, NEITHER END CHRONIC DISEASE NOR ANY OTHER RELEASED PARTY SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON THE SERVICES OR CONTENT, OR OTHER INFORMATION OBTAINED FROM END CHRONIC DISEASE OR ANY OTHER RELEASED PARTY OR ACCESSIBLE VIA THE SERVICES OR CONTENT, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO END CHRONIC DISEASE OR ANY OTHER RELEASED PARTY’S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF END CHRONIC DISEASE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR CONTENT EXCEED ANY COMPENSATION PAID BY YOU FOR ACCESS TO OR USE OF THE APPLICABLE SERVICE OR CONTENT DURING THE THREE MONTHS PRIOR TO THE DATE OF ANY CLAIM, OR ONE HUNDRED DOLLARS (US $100.00), WHICHEVER IS GREATER.

IN NO EVENT SHALL END CHRONIC DISEASE HAVE OR INCUR ANY LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE ANY THIRD PARTY OFFERINGS OR USER CONTENT.

THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

You shall defend, indemnify and hold harmless End Chronic Disease and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Services, Content, and your use or contribution of the User Content that infringes the rights, including the intellectual property rights, of any third party (collectively, “Indemnified Claims”). End Chronic Disease reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Indemnified Claims. You agree to reasonably cooperate as requested by End Chronic Disease in the defense of any Indemnified Claims.

15. Communications

Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances. It is your responsibility to periodically review the Site for notices.

Notices to End Chronic Disease must be sent by registered mail to the address specified below.

End Chronic Disease Institute, Inc.
1130 Ogletown Road, PMB #2284, Suite 2
Newark, DE 19711

16. Applicable law and venue

Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) involving End Chronic Disease and arising out of or relating to (a) these Terms; (b) the Content or the Services; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Content or the Services; or (d) the relationships that result from these Terms or the Content or the Services (collectively, a “Claim”) will be governed by the laws of the State of Delaware and the federal laws of the United States applicable therein.

Except where prohibited by applicable law, any Claim will be referred to and determined by a sole arbitrator (to the exclusion of the courts). If you have a Claim, you should give written notice to arbitrate in accordance with these Terms. If we have a Claim, we will give you notice to arbitrate in accordance with these Terms. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the State of Delaware. Neither Party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in the State of Delaware. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING. End Chronic Disease reserves all rights and remedies available to it in law or equity.

If you choose to access the Services from locations other than the United States, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify End Chronic Disease and the other Released Parties for your failure to comply with any such laws.

17. Termination/modification of license and Site offerings

Notwithstanding any provision of these Terms, End Chronic Disease reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, Content; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.

If these Terms expire or terminate for any reason, those sections of these Terms which by their nature are intended to survive such expiration or termination shall survive indefinitely.

18. Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. End Chronic Disease may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of End Chronic Disease, and any such attempted assignment will be void and unenforceable. The failure of End Chronic Disease to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and End Chronic Disease regarding your use of the Services, Content, and User Content, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and End Chronic Disease regarding your use of them.

19. Statute of limitations

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or Content must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

20. Questions and comments

If you have any questions regarding these Terms or your use of the Services, please contact us here.