1. Acceptance of Terms and Amendments
2. Electronic Communications
When you visit the Site or send e-mails to ONF, you are communicating with ONF electronically. You consent to receive communications from ONF electronically and that such communications are equivalent to those in writing.
3. Intellectual Property
4. Accuracy; Limitation of Liability and Exclusion of Warranties
ONF makes commercially reasonable efforts to ensure that all information contained on the Site is accurate and up to date. Nevertheless, you must evaluate the information and content of the Sites. Your use and browsing of the Site is exclusively at your own risk and the Site is provided to you AS-IS WITHOUT WARRANTY OF ANY KIND. ONF MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SITE AND THE MATERIALS CONTAINED HEREIN. ONF EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ONF DOES NOT WARRANT THAT (A) THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED OR SECURE, (B) DEFECTS WILL BE CORRECTED, (C) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, OR (D) ANY CONTENT OR INFORMATION ON THE SITE IS CORRECT, RELIABLE, CURRENT OR COMPLETE.
ONF ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE SITE OR DOWNLOAD MATERIAL FROM THE SITE. UNDER NO CIRCUMSTANCES SHALL ONF OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) RESULTING FROM ITS PERFORMANCE OR ANY FAILURE TO PERFORM UNDER THE TERMS EVEN IF ONF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Links to Third Party Sites
The Site may contain links to other websites that are not under the control of ONF. They are provided as a convenience. ONF MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE WEB SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED WEB SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION. IN PARTICULAR, PLEASE NOTE THAT THE POLICIES OF OTHER WEB SITES LINKED TO THE SITE MAY BE MATERIALLY DIFFERENT THAN THE TERMS, ESPECIALLY WITH RESPECT TO THE USE AND COLLECTION OF PERSONAL INFORMATION AND WITH RESPECT TO THE USE OF PROPRIETARY INFORMATION POSTED ON THAT WEB SITE.
7. Intended Audience; Obligations
8. Local Laws; Dispute Resolution
9. 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 use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
10. Restrictions on Content and Site
11. Participation in the Site
When you use the Site, you are responsible for the accuracy of the information you provide. If applicable, you represent and warrant that any and all information you post to the Site or share with ONF complies with all ethical and licensure requirements, laws, rules, and regulations, including but not limited to Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). ONF is not responsible for any misuse of patient information that is transmitted, stored, or used in any manner in connection with the Site. You shall not post or transmit to the Site any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
12. Monitoring the Site
ONF has no obligation to monitor, screen, edit, or otherwise review the information that you or any other user post or transmit to or on the Site. However, ONF reserves the right, in its sole discretion, to monitor the information posted on the Site to ensure compliance with these Terms as well as applicable laws, rules, and regulations. Further, ONF may review, edit, remove, or refuse to post information you post or transmit to or on the Site. In accordance with applicable law, ONF may reasonably disclose information to comply with any laws, rules, regulations, or governmental request.
13. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL ONF BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL ONF BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, REGARDLESS OF WHETHER ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR DAMAGES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THESE TERMS.
14. Disclaimer on Information and Advice
You acknowledge that the information on Site is provided “as is” for general information only and without warranties of any kind. The materials on this Site are not meant to replace the services of a medical professional. This Site does not offer medical advice or recommendation to individuals and you should not rely on the information posted in the Site as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs. ONF aims to keep the materials on this Website current, however, healthcare information changes rapidly and thus the material on this Site should not be relied upon to by fully comprehensive or error free.
By using the Site you acknowledge and agree that you release, remise, and forever discharge ONF and its respective officers, directors, employees, suppliers, licensors and agents from any and all claims of any nature whatsoever, whether known or unknown that arise out of or are in any way related to your use of this Site. If you are a California resident, you waive California Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
17. Digital Millennium Copyright Act Compliance
If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide ONF the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement that you have a good-faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. ONF reserves the right to remove any content posted to the Site at our sole discretion. Please contact our copyright agent to provide us notice of alleged copyright infringement at firstname.lastname@example.org .
Contacting Occipital Neuralgia Foundation
By visiting the Site, or by using one of the Services, you are accepting the practices in this Policy. We may amend this Policy at any time. You are responsible for checking this Policy. Your continued use of the Site following any changes to this Policy will constitute your acceptance of such changes.
This Statement was last revised June 28, 2020.
We collect information from you when you register on our Site, contact us through the Site, or make a donation through the Site. You may be asked to voluntarily provide such information such as your name, email address, address, phone number, medical information, and payment information that you freely choose to provide to ONF.
By providing us with this information you agree that we may send you emails and other communications from time-to-time regarding information specific to our Service(s) or other opportunities we may provide.
We may also collect Non-Personally Identifiable Information through tracking systems. Cookies, web beacons, and other tracking technologies may be stored on your computer and used to track activity. This includes information about your devices, including your IP address, location of the device, browser information, operating system, usage data, pages you visited on the Site, tally page views throughout our Sites, or other technical identifiers. You can choose to disable or turn off cookies or third-party cookies in your web browser at any time. However, please be aware that some of our Services will not function fully if your browser does not accept cookies.
Use of the information
We may use your information for lawful business purposes. This may include for the purpose of providing and maintaining our services; enabling you to be able to make a donation; enabling you to access educational materials; assisting you and provide customer service; corresponding with you, responding to your questions, providing announcements, notifying you about website maintenance, updates, and new features, offering or furnishing services, personalizing the types of information you receive from us, personalizing your experience, internal research purposes, developing content and functionality that helps us better serve your needs, improving the services we provide.
We may use your information for our general business, accounting, record keeping, and legal purposes. We may use your information to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.
Sharing of the Information
We do not sell, trade, or otherwise share your information with any unaffiliated third party except to the extent you have voluntarily agreed, or are clearly notified of and consent to by using the Service. We may also release your information when it is necessary to comply with applicable legal requirements or protect ours or other’s rights, property, or safety.
Retaining the Information
We retain Personal Information in accordance with our general practices and as required or permitted by law. We will store your Personal Information only for as long as is required to fulfill the purposes set out above.
Users Outside of the United States
This Site is operated in the United States. By using our Site or providing us with your Personal Information, you are transferring your information to us in the United States where we collect, store and process that information. We may provide information to the United States government or its agencies under applicable law. We may process your information and transfer it to other countries where our staff or third-party service providers are located. By using this Site and Services, and/or submitting your Personal Information, you agree to this collecting, processing, and storing of your data to and in the United States.
Third Party Sites.
Our Site may provide links to third party websites and resources. Such links are provided as a convenience to you and for informational purposes only. We are not responsible for and cannot control these third party websites and resources, do not endorse them, and are not responsible for their availability, content, or delivery of services. Third party websites and resources are not bound by this Policy; they may have their own policies or none at all. We encourage you to read such other third party websites’ privacy policies.
We use commercially reasonable security measures to protect and secure your personal information. However, we cannot guarantee the security of any information you disclose online. We do not make any warranty, express, implied or otherwise, that we will be able to prevent loss, misuse, unauthorized access to, or alteration of information you provide to us. You make any disclosure of information to us at your own risk. We urge you to take every precaution to protect your information when you are on the internet, including when visiting the Site.
Managing your Information
If you wish to opt out of our sharing your information as described herein, or if you no longer wish to use any services or receive any information from us, you may request to have your personal information removed from our databases by sending a request via e-mail to email@example.com . You may also unsubscribe to any or all of our email communications at any time by following the instructions contained at the end of every email we send. In addition, we have provided you the opportunity to opt out of future ad serving cookies. In order to identify you as someone who has elected to opt out of receiving future cookies from ad serving companies, we will place an opt out cookie on your machine. If you would like to opt out of ad serving cookies or read additional information about these cookies, go to http://www.aboutads.info/choices/.
If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation (“GDRP”) related to your Personal Information. If you consent to the processing of your Personal Information, you may withdraw that consent at any time. You are entitled to request additional specific information in regards to the processing of their Personal Information, including requesting access to, correction of, and deletion of your Personal Information from our databases. You can also restrict the processing of your data and/or request that your information be provided in a portable format. All requests will be addressed within the legally required period of time and without cost to you. All requests can be made by sending a request via e-mail firstname.lastname@example.org . You also have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation (“GDRP”).
Any questions regarding this Policy should be directed to us at email@example.com .