Terms of Use
- Introduction
- Privacy
- Copyright; Trademarks
- Content; Videos and Other Materials
- Links; Third Party Websites
- Disclaimer; Limitation of Liability
- Indemnification
- Site Usage; Termination of Usage
- Applicable Law; Jurisdiction; Dispute Resolution
- Severability; Interpretation
- Entire Agreement
- Miscellaneous
- Contact Information
Welcome to the website for The Canavan Foundation (“Site”). The Canavan Foundation is a not-for-profit organization that was founded in 1992 by the parents and friends of children affected with Canavan disease. Having witnessed the devastating effects of this disease, the founders pledged to work to increase awareness so others would not have to suffer similarly. The Foundation’s mission is to help prevent Canavan disease through education and testing and to support research efforts seeking to find effective therapies and a cure.
This Terms of Use Agreement (“Agreement”) sets forth the agreement between the CANAVAN FOUNDATION ("CANAVAN FOUNDATION", “us”, “our” or "we") and each user ("you" or "user") governing the use by you of this Site. Please read this Agreement carefully before using this Site. By using this Site, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use this Site.
We may, in our sole discretion, modify this Agreement with or without notice to you. The “Last Updated” date at the top of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Site after this Agreement has been modified, you are agreeing to such modifications. Therefore, you should review this Agreement prior to each use of the Site. In addition, when using particular services or features, you shall be subject to any posted guidelines or policies applicable to such services, features that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.
Use of this Site is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using this Site, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Site and any other personal information provided by you in accordance with our Privacy Policy.
You acknowledge that all materials on the Site, including the Site’s design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of the CANAVAN FOUNDATION or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective intellectual property rights owners. Except as expressly authorized by this Agreement or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of the CANAVAN FOUNDATION or the respective intellectual property rights owner. The CANAVAN FOUNDATION authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Site are the sole property of the CANAVAN FOUNDATION and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the CANAVAN FOUNDATION and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of the CANAVAN FOUNDATION and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the CANAVAN FOUNDATION. The CANAVAN FOUNDATION will enforce its intellectual property rights to the fullest extent of the law.
IV. Content; Videos and Other Materials
Any Materials including, without limitation, any videos, photographs or other materials made available through the Site about Canavan disease are for informational purposes only. The Materials are intended to give the viewer a broad overview of the genetic disease screening process and the Jewish genetic diseases for which screening is currently available. Any Materials or information presented or made available through the Site are not intended to be a substitute for professional medical advice, diagnosis, treatment or genetic counseling. Your physician or other qualified healthcare provider can assist you with any questions you may have regarding your personal situation and the genetic disease screening process. The Canavan Foundation assumes no liability or responsibility for any opinions, advice, procedures or results provided by any independent individual or entity with respect to genetic disease screening.
V. Links; Third Party Websites
Links on the Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Site. The CANAVAN FOUNDATION does not control or endorse any such third party websites. You agree that the CANAVAN FOUNDATION and its Affiliates (as defined below) will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. The CANAVAN FOUNDATION expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
VI. Disclaimer; Limitation of Liability
You expressly understand and agree that:
Your use of the site is at your sole risk. The site and the materials contained herein are provided on an “as is” and “as available” basis. Information on the Site is to be used for educational and informational purposes only. Medical information on the Site, if any, does not represent advice regarding medical diagnosis or treatment, referrals to health care professionals, endorsements of health care products or any other recommendations. Any medical information on the Site should not be relied upon as a substitute for consultation with your doctor or other qualified health care professionals. The CANAVAN FOUNDATION is not affiliated with any laboratory, medical facility, medical practitioner or testing center. We provide information for informational purposes only. The CANAVAN FOUNDATION has not evaluated, nor do we recommend individual laboratories, testing centers or medical facilities or practitioners and therefore, cannot take responsibility for the administration or interpretation of any medical procedures.
In addition, except as otherwise expressly provided in this agreement, the CANAVAN FOUNDATION and its affiliated companies and their respective officers, directors, employees and other representatives (collectively, “the CANAVAN FOUNDATION and its affiliates”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Except as otherwise expressly provided in this agreement, the CANAVAN FOUNDATION and its affiliates make no warranty that (i) the site will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the site will be accurate or reliable, (iv) the quality of any services, information, or other material obtained by you through the site will meet your expectations, and (v) any errors in the site will be corrected. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the CANAVAN FOUNDATION and its affiliates or on or through the site shall create any warranty not expressly stated in this agreement.
The CANAVAN FOUNDATION and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the site, including any liability (i) as a publisher of information, (ii) for any incorrect or inaccurate information, (iii) for any unauthorized access to or disclosure of your transmissions or data, (iv) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between the CANAVAN FOUNDATION and you. The information and services offered on and through the site would not be provided without such limitations.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the exclusions and liability are limited to the fullest extent permitted by law.
You agree to indemnify, defend and hold harmless the CANAVAN FOUNDATION and its Affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to use of the Site by you, any material that you submit to, post on or transmit through the Site, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Site.
VIII. Site Usage; Termination of Usage
If you provide information on this Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or the CANAVAN FOUNDATION has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, the CANAVAN FOUNDATION has the right to suspend or terminate your access to this Site and prohibit any and all current or future use of the Site (or any portion thereof) by you.
You agree to use this Site only for lawful purposes, and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.
The CANAVAN FOUNDATION makes no representation that Materials contained on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not the CANAVAN FOUNDATION and its Affiliates, are responsible for compliance with applicable local laws.
This Agreement is effective unless and until terminated by either you or the CANAVAN FOUNDATION. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. The CANAVAN FOUNDATION also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Site, if in the CANAVAN FOUNDATION's sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or the CANAVAN FOUNDATION and its Affiliates. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.
The CANAVAN FOUNDATION reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that the CANAVAN FOUNDATION and its Affiliates shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.
You agree that the CANAVAN FOUNDATION may terminate or suspend your access to all or part of this Site, without notice, for any conduct that the CANAVAN FOUNDATION, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or the CANAVAN FOUNDATION and its Affiliates.
IX. Applicable Law; Jurisdiction; Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of New York in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of New York and further agree that any cause of action arising from or relating to the use of this Site or this Agreement shall be brought exclusively in the Federal or State Courts residing in New York, New York.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE CANAVAN FOUNDATION hereby waive the right to a trial by jury in any proceeding or litigation brought against the other with respect to this agreement or the site. In addition, neither you nor the CANAVAN FOUNDATION shall be entitled to join or consolidate claims by or against other site users, or litigate any claim as a representative or class action or in a private attorney general capacity.
X. Severability; Interpretation
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation".
This Agreement constitutes the entire and only Agreement between the CANAVAN FOUNDATION and each user of this Site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
The failure of the CANAVAN FOUNDATION and its Affiliates to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "Disclaimer; Limitation of Liability" provisions of this Agreement are for the benefit of the CANAVAN FOUNDATION and its Affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
If you have any comments, questions, or complaints regarding this Agreement, or wish to report any violation of this Agreement, please contact us. The link is Canavanfoundation.org or contact us at: info@canavanfoundation.org.
We will address any issue to the best of our abilities as soon as possible.
