IMPORTANT NOTICE

SECTION 12 OF THESE TERMS CONTAINS A CLASS ACTION WAIVER. FOR COMPLETE TERMS THAT BIND YOU, PLEASE REFER TO THE “CLASS AND COLLECTIVE ACTION WAIVER” SECTION OF THESE TERMS.

The Friedreich’s Ataxia Research Alliance (“FARA”) operates its website, located at www.curefa.org and other websites that FARA may create from time to time to promote events, share research or for other purposes in furtherance of FARA’s mission (the “Sites”).  These Terms & Conditions of Use (the “Terms”) apply to your use of any and all of the Sites and to your attendance or participation at FARA events.  Please read these Terms carefully before using any of the Sites.

1. Applicability and Acceptance of These Terms of Use

The Sites is an educational and informational service owned and operated by the Friedreich’s Ataxia Research Alliance (“FARA”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern Your (“You”, ”Your”) use of the Sites.

These terms create a legally binding agreement between You and FARA and its affiliates (which we may refer to as “FARA,” “We,” “Us,” or “Our”) regarding Your use of the Sites. By interacting with the Sites, You also agree to Our Privacy Policy, which is expressly incorporated as part of these Terms. Our Privacy Policy describes the collection and use of personal information on the Sites. If You do not agree to Our Privacy Policy, do not use Our Sites.

This Sites is offered and available to users who are 18 years of age or older, and to users ages 13 to 18 provided that they have their parent’s or guardian’s consent. By using this Sites, you (and your parent or legal guardian, if applicable) represent and warrant that you are of legal age to form a binding contract with FARA and meet all of the foregoing eligibility requirements or that a parent or legal guardian is agreeing to these Terms on your behalf.

2. Changes to the Terms

We reserve the right to amend these Terms at our discretion and at any time. When we make changes to these Terms, we will notify you of a material revision using the manner we regularly interact with you, such as by email or through a notice on our Sites’ homepage.  You will also be able to determine the date that our current Terms has become effective, by viewing the Effective Date at the top of this document.

3. License to Use the Sites

FARA hereby grants You a limited, personal, nontransferable, nonexclusive license to access the Sites, subject to, and in accordance with, these Terms. Any violation of the terms of these Terms is grounds for immediate termination of this limited license and may result in legal action by FARA.

4. Community Guidelines

FARA’s community is a place where ideas and content can be shared.  When attending our events and interacting with others, you agree to follow these guidelines:

  • Be respectful when interacting with our community.
  • FARA does not tolerate abusive language or behavior that may be defamatory, obscene, violent, threatening, harassing, discriminatory, aggressive, argumentative or that can be construed as bullying or is otherwise deemed inappropriate.
  • FARA does not tolerate conduct that may violate the legal rights of others or that could give rise to any civil or criminal liability under applicable laws, or that otherwise may be in conflict with these Terms and Our Privacy Policy.
  • FARA does not tolerate conduct that may deceive any person, including impersonation or misrepresentation of Your identity or affiliation with any person or organization.
  • FARA reserves the right to remove content from our Sites, including Our social media channels if we feel it fails to adhere to any of these guidelines. FARA reserves the right to block/ban users from our social media channels if they exhibit inappropriate behavior. 

5. Warranty Disclaimer

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE. You acknowledge that the information on this site is provided “as is” for general information only. This site does not offer medical advice or recommendations, and individuals should not rely on the information posted on this site as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs. fara strongly recommends that care and treatment decisions related to Friedreich’s ataxia and any other medical condition be made in consultation with a patient’s physician or other qualified health care professionals who are familiar with the individual’s specific health situation.

FARA makes no representations with respect to the information, services, products or message on this site and specifically disclaims any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application or purpose. FARA makes no warranties of any kind regarding the operation of this site, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses, worms, Trojan horses, other harmful elements or other code that manifest contaminating or destructive properties, and such warranties are expressly disclaimed.

fara makes no representation that materials on the site are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

FARA PERIODICALLY ADDS, CHANGES, IMPROVES, OR UPDATES THE INFORMATION ON THIS SITE WITHOUT NOTICE. FARA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE INCLUDING, BUT NOT LIMITED TO, TYPOGRAPHICAL ERRORS.   NOTHING CONTAINED ON THIS SITE SHALL BE INTERPRETED AS ADVISING YOU.

 

6. Indemnification

You agree that you will hold harmless FARA and its officers, directors, agents, employees, and volunteers (the “FARA Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Sites, including, but not limited to, any use of, or inability to access or use, the  Sites’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Sites, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Sites or another website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights.

 

7. Limitation of Liability

NONE OF THE FARA PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, OR ATTENDANCE AT A FARA EVENT OR FARA PARTNER EVENTS, OR ANY SUBMISSIONS OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE SITE, EVEN IF FARA OR THE FARA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST FARA PARTIES IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. IF ANY FARA PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, OR ANY CONTENT, SUCH FARA PARTY’S LIABILITY SHALL NOT EXCEED US$100.00.  ANY CLAIMS MADE AGAINST FARA MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF ACCRUAL.

8. Links from The Sites

FARA makes no representation, warranty or endorsement, express or implied, as to any of the information, services, products or messages on any other websites which may be accessed through a hyperlink on the Site that you are currently viewing. In particular, these links are provided for convenience of reference only and are not intended as an endorsement by FARA of the organization or individual operating the website or a warranty or endorsement of any type regarding the website or the information, services, products or messages posted on or available from such website.

 

9. Linking to the Sites

You may link to Our Sites, provided: (a) any such link must clearly be marked “Friedreich’s Ataxia Research Alliance;” (b) the appearance, position and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with FARA’s name and any of FARA’s registered and common law trademarks; (c) the appearance, position and other aspects of either the link or the host website may not create the false appearance that any other entity is associated with or sponsored by FARA; and (d) the link, when activated by a user, must display this Sites full-screen and not with a “frame” on the linked website. By linking to the Sites, the owner and operator of any website with a hyperlink to this Sites expressly agrees to these Terms and agrees to delete any such link upon notice from FARA that such permission has been revoked, which notice may be given at any time and for any reason.

FARA is not responsible for the information or materials contained on websites linking to this Site. Links to this Site are provided for convenience of reference only and are not intended as an endorsement by FARA of the organization or individual operating the host website or a warranty of any type regarding the host website or the information on the host website.

10. User License and Proprietary Rights

Unless otherwise noted, all materials, including images, illustrations, designs, photographs, videos, written and other materials contained on the Sites are copyrights, trademarks, trade dress and/or other intellectual properties owned,  controlled or licensed by FARA.  Without FARA’s explicit, no material from the Sites may be copied, reproduced, displayed, downloaded, modified, transmitted, distributed or in any way commercially exploited.  Any unauthorized use of materials contained on the Sites may violate copyright, trademark or other laws.

FARA grants you permission, which may be revoked at any time, to view the Sites and to download, email, share, or print individual pages from the Sites for your own non-commercial, personal use which does not harm FARA’s reputation, provided you do not remove any trademark, copyright or other notice contained on the pages.  No other use is permitted without prior authorization from FARA.

Friedreich’s Ataxia Research Alliance™, FARA™ and its attendant logos and taglines are FARA’s common law trademarks and may not be used or reproduced without FARA’s prior written consent.

11. Governing Law

These Terms are governed by the law of the state of Pennsylvania.  Any action arising out of any dispute with respect to these Terms shall only be brought in the state and federal courts located in Chester County, Pennsylvania. ANY CLAIMS MADE AGAINST FARA MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF ACCRUAL.

12. Class and Collective Action Waiver 

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION.

13. Enforcement of the Agreement

FARA may investigate any reported, alleged or suspected violation of these Terms, and take any action that FARA, in its sole discretion, deems appropriate. Such action may include, but are not limited to, issuing warnings, suspension of a user’s access to the Sites or complete termination of such access, at any time. Additionally, FARA reserves the right to bring suit for any violation of these Terms.

14. Privacy

Protecting your privacy is important to us.  Our Privacy Policy (click here) governs the collection, use, retention and disclosure of personal information gathered from the Sites.

 

15. Term and Termination

These Terms are effective from the date Effective Date indicated at the top of these Terms or the date on which you first access any of the Sites, whichever is later. These Terms shall continue in effect until terminated by FARA or by You. These Terms remain in effect even after Your account is terminated or You have stopped using Our Sites.

FARA may suspend or terminate these Terms or your access to the Sites at any time for any reason with or without notice to you.  FARA may restrict Your use of all or any part of Our Sites, social media (or related applications) at any time and for any reason, without any liability to FARA, subject to applicable law.

You may terminate these Terms at any time for any reason by delivering written notice in the manner provided below, which notice will be effective on the day the notice is received or such later date specified in the notice.

16. Contact Us and Address for Notices

FARA may give notice to you of any change or any other communication related to these Terms through a general posting on the Sites, by electronic mail, or by conventional mail to your address.  If you have any questions or would like to give notice to FARA, you may write to:

 

Attn: Communications
FARA
533 W Uwchlan Ave
Downingtown, PA 19335
484 879 6160
info@curefa.org

17. Entire Agreement

These Terms and the Privacy Policy referred to herein represent your entire agreement with FARA regarding the Sites.