Terms and Conditions
The following terminology applies to these Terms and Conditions and any or all Agreements: “You” and “Your” refers to you, the person accessing this website and accepting the Organization’s terms and conditions. “MS&U,” MSU,” “Understanding Myositis,” “Myositis Support and Understanding,” “Ourselves,” “Ours,” “We” and “Us,” refers to our Organization, Myositis Support and Understanding Association, Inc. “The Site,” “site” and “website” refers to our website located at www.UnderstandingMyositis.org and any domains that point to this website that we own. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
By using the site and/or making a purchase or online donation, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
The information contained on this website and provided by our organization, Myositis Support and Understanding Association, Inc., also known as MSU, (“the Site”) and associated networks are provided for informational purposes only and are not meant to substitute for medical or legal advice from your doctor or healthcare professionals. This information should not be used for diagnosing or treating a health problem or disease, or legal advice in any capacity. Always seek the advice of a qualified healthcare professional regarding any medical condition.
Posted links, advertising, and any other information do not constitute an endorsement of any website, organization, business, product, or service. MSU (nor any of our affiliates, board members, volunteers, etc.) can not be held responsible for any comments, opinions, or advice expressed within. Individual author, member, and guest author’s views are not our own.
License to use website
Unless otherwise stated, MSU and/or its licensors own the intellectual property rights of the site and material on the site. Subject to the license below, all of these intellectual property rights are reserved.
You may view, download for caching and personal purposes only, and print pages from the site for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not do the following without permission:
- Republish material from this website (including republication on another website) except to share on social networks.
- Sell, rent or sub-license material from the website
- Show any private or restricted material from the website in public
- Reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose
- Edit or otherwise modify any material on the website
- Redistribute material from this website except for content specifically and expressly made available for redistribution such as sharing via social networking sites
You must not use the site in any way that causes, or may cause, damage to the site or impairment of the availability or accessibility of the site; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
You must not use the site to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation: scraping, data mining, data extraction, and data harvesting) on or in relation to the site without MSU’s express written consent.
You must not use the site to transmit or send unsolicited commercial communications.
You must not use the site for any purposes related to marketing without MSU’s express written consent.
Access to certain areas of the site may be restricted. MSU reserves the right to restrict access to areas of this website, or indeed the entire site, at MSU’s discretion.
If MSU provides you with a user ID and password to enable you to access restricted areas of the site or other content or services, you must ensure that the user ID and password are kept confidential.
MSU may disable your user ID and password with sole discretion and without notice or explanation.
In these terms and conditions, “your user content” means material (including and without limitation to text, images, audio material, video material, information posted to the Myositis Network, profile images, cover images, and audio-visual material) that you submit to the site, for whatever purpose.
You grant to MSU a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to MSU the right to sub-license these rights, and the right to bring an action for infringement of these rights. This only includes user content you share with us that is to be public.
Your user content must not be illegal or unlawful, must not infringe upon any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or MSU or a third party (in each case under any applicable law).
You must not submit any user content to the site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints. You must not submit any content that is under copyright restrictions or any content taken directly from another website, book, publication, video, or any other source without written consent from the copyright owner.
MSU reserves the right to edit or remove any material submitted to the site, or stored on MSU’s servers, or hosted or published upon the site.
The site is provided “as is” without any representations or warranties, expressed or implied. MSU makes no representations or warranties in relation to the site or the information and materials provided on the site.
Without prejudice to the generality of the foregoing paragraph, MSU does not warrant that:
- The site will be constantly available or available at all.
- The information on the site is complete, true, accurate, or non-misleading.
Not Medical, Legal, or Financial Advice
Nothing on the site constitutes or is meant to constitute advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.
The content on the site is for informational purposes only and is not meant to substitute for advice from your doctor or healthcare professionals. This information should not be used for diagnosing or treating a health problem or disease. Always seek the advice of a qualified healthcare professional regarding any medical condition. If you are having a medical emergency please contact your physician, proceed to your local Emergency Department, or call your local emergency phone number, such as 911 in the USA.
Information and statements provided by MSU should NOT be mistaken for medical advice. MSU does not recommend or endorse physicians, products, devices, opinions, advice, or any other information mentioned on the site. All content is for informational purposes only. Reliance on any information provided by the site is solely at your own risk.
You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on the site. You must not rely on the information on the site as an alternative to medical advice from your doctor or other professional healthcare providers.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We, therefore will not distribute your personal information to outside parties without your consent. As part of the California Online Privacy Protection Act, all users of the site may make any changes to their information at any time by logging into their account and going to the ‘My Account’ page.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not knowingly collect any information from anyone under 13 years of age. The site’s products, information, and services are all directed to people who are at least 13 years of age or older.
Limitations of liability
MSU will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the site:
- To the extent that the website is provided free-of-charge, for any direct loss
- For any indirect, special, or consequential loss
- For any business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data
These limitations of liability apply even if MSU has been expressly advised of a potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit MSU’s liability in respect of any:
- Death or personal injury caused by MSU’s negligence
- Fraud or fraudulent misrepresentation on the part of MSU
- Matter which it would be illegal or unlawful for MSU to exclude or limit, or to attempt or purport to exclude or limit, its liability
By using the site, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as an organization registered with the IRS as a 501(c)(3) nonprofit, MSU has an interest in limiting the personal liability of its officers, employees, and other non-paid titles. You agree that you will not bring any claim personally against MSU’s officers, employees, or other non-paid titles with respect to any losses you suffer in connection with the site.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect MSU’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors, as well as administrators, volunteers, board directors, board officers, managers, and ambassadors.
If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify MSU and undertake to keep MSU indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by MSU to a third party in settlement of a claim or dispute on the advice of MSU’s legal advisers) incurred or suffered by MSU arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to MSU’s other rights under these terms and conditions, if you breach these terms and conditions in any way, MSU may take such action as MSU deems appropriate to deal with the breach, including suspending your access to the site, prohibiting you from accessing the site, blocking computers using your IP address from accessing the site, contacting your internet service provider to request that they block your access to the site, and/or bringing court proceedings against you.
MSU may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the site from the date of the publication of the revised terms and conditions on the site. Please check this page regularly to ensure you are familiar with the current version.
MSU may transfer, sub-contract, or otherwise deal with MSU’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
What is spam?
In the context of electronic messaging, spam refers to unsolicited, bulk, or indiscriminate messages typically sent for a commercial purpose. MSU has a zero-tolerance spam policy.
Automated spam filtering
MSU’s messaging systems automatically scan all incoming email, blog post comments, and other messages, and filters out messages that appear to be spam.
Problems with spam filtering
No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by MSU’s systems. If you believe this has happened to a message you have sent, please advise the message recipient by other means.
You can reduce the risk of a message being caught by spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.
MSU may provide a facility that may enable users to send email messages or private messages to others. Users must not use this facility to send unsolicited, bulk, or indiscriminate messages, whether or not for commercial purposes. Abuse of the MSU systems may result in a ban from our site.
Receipt of unwanted messages
In the unlikely event that you receive any message from us or sent using our systems that may be considered spam, please contact us using the details at the bottom of this policy and the matter will be investigated.
Changes to this anti-spam policy
MSU may amend this anti-spam policy at any time by publishing a new version on the site.
Status of linking policy
MSU welcomes links to the site made in accordance with the terms of this linking policy. By using the site you agree to be bound by the terms and conditions of this linking policy.
Links to this website
Links pointing to the site should not be misleading. Appropriate link text should always be used. Contact us with questions on this term. An example for use as linking text is Myositis Support and Understanding, Empowering the Myositis Community. From time to time the URL structure of this website may be updated, and unless MSU agrees in writing otherwise, all links should point to https://UnderstandingMyositis.org. If you link to a specific page on one of the domains listed above, we ask that you periodically check the links to ensure accuracy.
- You must never use the MSU logo to link to the site (or otherwise) without MSU’s express written permission.
- You must not link to the site using any inline linking technique.
- You must not link to the site from any website that promotes nudity, pornography, tobacco use, alcohol use, drug use (not including prescription medications), or from any site that requires you be 18 or older for use.
Links from this website
The site includes links to other websites owned and operated by third parties. These links are not endorsements or recommendations.
MSU has no control over the contents of third party websites, and MSU accepts no responsibility for them or for any loss or damage that may arise from your use of them.
Removal of links
You agree that, should MSU request the deletion of a link to the site that is within your control, you will delete the link promptly.If you would like MSU to remove a link to your website that is included on our site, please contact MSU using the contact details at the end of this policy. Note that unless you have a legal right to demand removal, such removal will be at our discretion.
If you would like MSU to remove a link to your website that is included on our site, please contact MSU using the contact details at the end of this policy. Note that unless you have a legal right to demand removal, such removal will be at our discretion.
Changes to this linking policy
MSU may amend this linking policy at any time by publishing a new version on the site.
Ownership of copyright
The copyright in the site and the material on the site including without limitation the text, computer code, artwork, photographs, images, music, audio material, products, video material and audio-visual material on this website is owned by MSU and its licensors, if there are any.
MSU grants to you a worldwide non-exclusive royalty-free revocable license to:
- View the site and the material on the site on a computer or mobile device via a web browser
- Copy and store the site and the material on this site in your web browser cache memory
- Print pages from the site for your own personal and non-commercial use
MSU does not grant you any other rights in relation to the site or the material on the site. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public restricted area content on the site (in any form or media) without MSU’s prior written permission, unless used to share on social networking sites for promotion.
The automated and/or systematic collection of data from the site is prohibited.
You may request permission to use the copyright materials on the site by writing to info@UnderstandingMyositis.org or via mail at 9125 N. Old State Road, Lincoln, DE 19960.
Enforcement of copyright
If MSU discovers that you have used its copyright materials in contravention of the license above, MSU may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of MSU’s copyright materials that contravenes or may contravene the license above, please report this by email to info@UnderstandingMyositis.org or via mail to 9125 N. Old State Road, Lincoln, DE 19960.
If you become aware of any material on the site that you believe infringes your or any other person’s copyright, please report this by email to info@UnderstandingMyositis.org or via mail to 9125 N. Old State Road, Lincoln, DE 19960.
Copyright Fair Usage
The site may contain copyrighted material whose use has not been authorized by the copyright owners. This is a not-for-profit website and we use it here with the assumption that this is fair use as covered in section 107 of the US Copyright Law. If you wish to use this copyrighted material for purposes that go beyond fair use, you must obtain permission from the copyright owner. That said, we will immediately comply with any copyright owner who wants their material removed or edited.
E-COMMERCE AND DONATIONS
Order Acceptance and Billing
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order, we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by credit card issuers and/or fraud warnings. If your order is canceled after your credit card (or other payment methods) has been charged, we will issue a credit to your credit card (or other applicable payment methods) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will be charged for most orders immediately.
MSU reserves the right to limit the number of items purchased per person, per household, or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify you should such limits be applied. MSU also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from MSU for the purpose of engaging in a commercial sale of that same product(s) with a third party.
MSU reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Promotional Codes/Coupon Codes
Promotional codes are limited in nature and may expire or discontinue without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time and for any reason.
Refunds and Returns
All sales are final. We only accept returns if the product is defective.
Shipping and Delivery
Deliveries of items purchased from the MSU site to addresses outside of the United States are limited. Some items also have restricted delivery within the United States. Delivery times are determined based on the method of shipping chosen when items are purchased and the destination of the items.
Most items are providing with free shipping in the continental United States. For international orders, a shipping charge will apply and the amount may be changed at any time, without notice.
How do we ship?
All shipping is done via standard shipping. We may choose to ship using any carrier. Note that shipping delivery times may vary depending on the products purchased.
Where do we ship?
Within the U.S. and Major U.S. Protectorates and to many international destinations.
APO / FPO Military Addresses
We ship to APO / FPO military addresses. However, please be aware of these factors:
- Not all items can be shipped to APO / FPO addresses.
- When shipping to an APO / FPO address, delivery may take 3 to 6 weeks
Further restrictions on item type, size, and weight may exist in the country in which the APO / FPO address is located. Some merchandise may not be deliverable to these countries. Please contact your local post office to verify item type, size and weight restrictions for the country in which your APO / FPO address is located.
Items will be shipped by Standard Delivery at the most cost-effective method to MSU.
We accept all major credit cards, PayPal, and, other methods depending on fundraising efforts. We accept check payments as well.
For payments made via check:
- Check payments are available in the USA only.
- Mail your check payable to Myositis Support and Understanding to 9125 N. Old State Rd, Lincoln, DE 19960
- Once your check clears the bank (may take 7-10 business days) we will process your order.
- There is a $50 return check fee should your check be returned.
Donations to our nonprofit
Donations made to MSU are appreciated. We are required by law to provide you with a receipt for tax purposes for donations of $250 and above. We may, at our discretion, provide you with a receipt no matter the amount you donate. If you require a receipt and have not received one or require a duplicate, please contact MSU using the contact information at the end of this agreement.
Should you have any questions about any of these terms and conditions, please contact Myositis Support and Understanding using the details set forth below:
Myositis Support and Understanding Association Inc. (MSU)
In writing: Myositis Support and Understanding, 9125 N. Old State Road, Lincoln, DE 19960
Via email: Info@UnderstandingMyositis.org
– Policy updated 2/1/2019