Terms and conditions of use

(Effective 9 February 2013)

The following terms constitute an agreement between you and Lightning Medical Research Inc. (“LMR”), the operator of (inter alia) www.ClubPD.com (a.k.a. “ClubParkinson.com” and "ClubParkinsons.com") any or all of which are referred to herein as the “Site”.

This agreement governs your use of the Site, both as a casual visitor and / or as a Registered Member (irrespective of your registration catagory), by the terms set out below.

By accessing or using the Site, you agree to be bound by the terms of this Agreement. To the extent you register on the Site as a Member, then in addition to the terms that are applicable to all users of the Site, the terms that apply only to Members shall apply to you also.

Membership Eligibility

To become a member and access the area on this Site reserved for Members (the “Member Area”), LMR requires that you are either a (a) diagnosed patient of the particular community (Club) you are joining, or a parent or legal guardian acting for such a patient who is under 18 years of age or incapacitated; or (b) a caregiver for a Patient eligible to join such community; or (c) health care professional (e.g. doctor, nurse, health researcher, etc.); or (d) a guest with legitimate, non-commercial reasons to participate in the community, with a view to making a positive contribution, and who also agrees to respect the privacy and preserve the dignity of all community participants; or (e) guest as authorized by a LMR member or employee.

Children under the age of 13 are prohibited from registering as members. By registering as a member you represent that you are age 13 or older.

This Site does not provide medical advice. Nor does any other Site operated by LMR provide, or proport to offer, any medical advice or directions. 

All of the material provided on the Site, such as text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, opinions, personal stories, and any other material provided on the Site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice, or delay in seeking it, because of something you have read on this Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. LMR does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by LMR, by persons appearing on the Site at the invitation of LMR, or by other members is solely at your own risk.

Acceptable and Lawful Use of Site by Members

Members shall not post or upload any information or other content on the Site that (a) is false, inaccurate or misleading; or (b) is obscene or indecent; or (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Members shall not interfere with other members’ use and enjoyment of the Site (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Members may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.

All members represent and warrant that the information they provided when registering as a member, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading.

No Interference with Operation of Site

You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by members, or collect information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your membership account to take such actions.

Site for Non-Commercial Use Only

Organizations, companies, and/or businesses may not become members and should not use the Site without express consent from LMR. Members of LMR with individual commercial interests may not solicit or overtly promote their products or services anywhere within the Site.

Privacy

You agree that you have read, understood and accept LMR's Privacy Policy. This policy explains LMR's collection of personal and non-personal information from you when using the Site and its use of and sharing of such personal and non-personal information for Research purposes.

Posting and Use of Content in the Member Area

The Site does or may includes community areas such as, blogs, discussion boards, thought lists, forums and other member areas, where members may post messages, images, and other content (“User Submissions”). If you are a member, you (or the author) owns the copyright in the messages, images, and other content you post in these locations, but by posting such content within User Submissions to the Site, you grant LMR and our affiliates the right to use, copy, display, perform, distribute, translate, edit, and create derivative works of your User Submissions, subject to the terms of the Privacy Policy.

While some community areas in the Site are monitored periodically for topicality, LMR has no obligation to pre-screen any postings, and is not responsible for their content. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason(s) LMR deems, at its sole discretion, to be appropriate.

You agree not to disclose to any person or entity personally identifiable information about other members that you encounter while using this Site (whether posted in the Member area by a member or emailed to you by a member) without the express consent of such member. You may disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside this Site, subject to the above restriction on non-commercial use.

Digital Millennium Copyright Act

If you are a copyright owner, or an agent thereof, and believe that any User Submission or other content at this Site infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If a User Submission that you submitted has been removed as a result of a notification as described above and you believe that such a User Submission or portion of a User Submission was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the User Submission content at issue.

LMR’s designated Copyright Agent for notice of claims of infringement is:

Lightning Medical Research Inc.

Attention: Bruce Davies

16313 Millan de Avila

Tampa, FL 33613

email: info@lightning.com

Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to LMR at info@lightning.com . You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

Member Password and Login Identity

You are responsible for maintaining the confidentiality of your member password, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your password information to another person (other than a primary Care-giver who has also Registered as such with the Site), your membership privileges may be suspended temporarily, or terminated. You agree to immediately notify LMR of any unauthorized use of your membership password, or login, or any other breach of security.

Links to Other Websites

LMR may contain links to other websites that are not under the control of LMR. The inclusion of any link does not imply endorsement by LMR of such site and LMR is not responsible in any way whatsoever for any of the content of such linked sites.

Membership Termination

You agree that LMR may, with or without cause, immediately terminate your LMR membership (including membership of any of the Club sites LMR operates), or limit or terminate your access to the Member area, or the Site, without prior notice. Without limiting the foregoing, the following may lead to a termination by LMR of a Member's membership and use of and/or access to the Site: (a) any breaches or any violations of this Agreement or other incorporated agreements or guidelines; or (b) any requests by law enforcement or other government agencies; or (c) any request by you (self-initiated membership cancellation); or (d) any unexpected technical issues or problems; or (e) extended periods of inactivity. LMR has no obligation to maintain, store, or transfer to you, any information or any data that you have posted on, or uploaded to the Site.

Modifications to this Agreement

We reserve the right to modify these Agreements (both the Terms & Conditions of Use and the Privacy Policy) at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an update 'effective date'.

Fees

Membership with LMR and all the Club sites it operates is currently free. LMR Inc. reserves the right to from time to time change the terms of this Agreement and review and possibly change its policy on charges for membership and/or to provide additional optional services for a fee, if needed. In such a situation you will be notified in advance by email and your consent to such changes will be required to alter the status quo. LMR expects that it will continue to elect to fund its operations with donations, but acknowledges that this view could change in  the future as numerous outcomes are not necessarily presently forseeable.

Disclaimer of Warranties

The Site, as well as the content and services made available on the Site, are provided on an “as is” and “as available” basis. LMR does not make, and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Site, the Site content, or any advice or services provided through the Site to the extent permitted by law. LMR does not warrant that access to the Site, or its content and/or services, will be uninterrupted, nor error-free, nor that defects in the Site will be corrected.

The advice, recommendations, information, and conclusions posted or emailed by other members of the Site are not in any way vetted, approved or endorsed by LMR, and you use such information at your own risk.

Limitation of Liability

Under no circumstances shall LMR, or its partners, or contributors, or agents, or employees, or directors, or owners, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of this Site, or due to your reliance on any of the content contained on, or the services provided by, the Site.

Indemnification

You agree to indemnify and hold harmless LMR, its officers, employees, agents, subsidiaries, affiliates, owners, and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, any violation of this Agreement by yourself, or any of your agents who have access thereto as a result of any of your action(s), or failure to fulfill your password protection obligations.

International Users

LMR makes no claims that information on the Site is appropriate, or may be downloaded outside of the United States. Personal information (“Information”) that is submitted to this Site will be collected, processed, stored, disclosed to Researchers and disposed of in accordance with applicable U.S. law and our Privacy Policy. If you are a non-United States domiciled user, you acknowledge and agree that LMR may collect and use your Information, and disclose it to Researchers outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. United States and / or Florida law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site.

Member Notices

If you register as a Member (in any catagory), you agree that LMR may send notices, research questionnaires, other requests for information or help/guidance, to you by email at the email address you provide when Registering to become a Member (or which you later update using the functionality of the Site).

Governing Law and Venue

This agreement shall be governed by the Laws of Florida, USA, and any applicable Federal Laws of the United States of America. All disputes arising hereunder, or in any way connected with Membership in, or use of the Site, shall be litigated exclusively in the state and federal courts residing in the State of Florida, USA, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of Florida, USA.

Miscellaneous Terms

LMR® and the LMR logo are trademarks of LMR. You agree not to display or use these trademarks in any manner without LMR's prior, written permission.

LMR may assign this agreement at any time to a subsidiary, or parent company, or to a successor (including non-profit organizations) or to its business, as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.

If any provision of this Agreement is held to be un-enforceable for any reason, the remaining provisions will be unaffected thereby and will remain in full force and effect.

For any questions or comments, or to report violations of this Agreement, let us know, or contact us at:

LMR Inc.

Attention : User Agreement Issues

16313 Millan de Avila

Tampa FL 33613

 

History of Updates/Changes to Terms and Conditions of Use:

  • On Feb 9, 2013, original version of this Agreement was added to the site.