Terms and Conditions of Use
Perthes.org and Legg Calve Perthes Foundation (the foundation) provides parents with information and resources to help their children with Legg Calve Perthes Disease thrive.
Perthes.org is an online resource where parents of kids with diagnosed or suspected Perthes or similar rare disease will have free, secure access to personalized information, the wisdom of other parents, and the knowledge of experts to learn about the “what is” and the “how to” of their kids’ needs.
Text, images, and other material contained on Perthes.org are provided for general information purposes only and are not intended to be used as a substitute for specific professional diagnosis or health and medical advice. Any references on this site to products, tools, methods, services (including without limitation, medical and legal services), books, medications, treatments or individuals, or any opinions, views, information and other content contained in blogs on this site are provided for informational purposes only and are not endorsed by the foundation.
Any and all text, images, other material containing opinions, information, ideas and suggestions concerning legal or medical issues that appear on this site or in any items downloaded from this site, and/or in emails concerning the foundation or Perthes.org, are provided for general informational purposes only and may not be relevant to your specific fact situation. They are not intended as, and do not constitute, medical or legal advice from the foundation or any of its affiliates. You should always consult your own physician, qualified health care professional and/or a qualified attorney for specific advice before making any decisions or taking any actions regarding your or your child’s health-care and/or legal options.
2. An Agreement
3. These Terms May Change
We may change our Terms or our rules and policies from time to time. We will tell you when we do so. If you continue to use Perthes.org you agree to the new Terms, rules and/or policies.
The foundation, Perthes.org (“we”) may change these Terms from time to time. If we do, we will post a notice on the Perthes.org homepage, and we may, if we have your email address, email you material changes. Please periodically review these Terms. When you continue to use Perthes.org after we have made a change to our Terms and made it available to you, you are agreeing and consenting to these changes.
When using Perthes.org you are subject to Understood’s posted rules and policies, which we may modify from time to time. These rules and policies are part of these Terms. If we provide links to other websites on Perthes.org, those websites will have different terms and conditions.
You must be eligible to use Perthes.org and be 13 years or older.
By using Perthes.org you represent that you are not a person barred from receiving services under the laws of the United States or any of its states or any other applicable jurisdictions. You also represent that you are 13 years of age or older. If you are under age 13, please do not use, create an account with, or provide any personal information to Perthes.org.
5. Accessing Perthes.org and Accounts
You do not need an account to use Perthes.org. Some information is only available if you have an account with Perthes.org.
If you have an account, you will keep your password secret.
You may use Perthes.org without registering or signing up for an account. However, in order to access some portions and features of Perthes.org you will be required to register with and/or sign into Perthes.org. If you do so, you are responsible for maintaining the confidentiality of your password and screen name, and are fully responsible for all activities that occur under your password or screen name. Please immediately notify us of any unauthorized use of your password or screen name or any other breach of security by contacting us at PrivacyOfficer@Perthes.org. Accounts are optional. You can use most of Perthes.org without having an account.
6. Posting Information
You can post information in public areas of Perthes.org. You agree that the information you post won’t be offensive. Perthes.org can remove content at any time.
In the public areas of Perthes.org, you and other users may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information. You are allowed to post this information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or have the potential to cause injury to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or provide other information that would mislead anyone as to who is responsible for your content. Perthes.org may remove or edit any content that it finds offensive in any way, although it is not obligated to do so.
You understand that if you post information in public areas, we cannot control how others may use that information.
7. Our Intellectual Property
We or others own much of the information on Perthes.org. The information is posted for your personal use, not for your commercial purposes.
The foundation and its associated logos are our trademarks and/or service marks. To the extent there are trademarks, service marks, and logos from other organizations on Perthes.org, they are the trademarks, service marks, or logos of those organizations. You are granted no general right or commercial license with respect to any Leff Calve Perthes Foundation trademarks, service marks, or logos, or of the trademarks, service marks, or logos of those other organizations.
We own, authored, created, purchased, or licensed or we shall own, author, create, purchase, or license substantially all of the materials available on or through Perthes.org. This material may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in these materials and Perthes.org. In exchange for your compliance with these Terms and Conditions for the foundation which are incorporated in theses Terms and Conditions by reference, we hereby grant you a limited non-assignable license to access and make personal use of Perthes.org. Under this license you may access the materials on Perthes.org, and download and reproduce information, including our logos, trademarks and service marks for your personal use only. You may not modify any materials or information, except with express written consent of the foundation. This license does not permit you to sell, license, and/or make any commercial use of Perthes.org or its contents and materials and/ or any information derived from Perthes.org and/or its contents and materials. Failure to comply with our Terms and Conditions results in an automatic revocation of this license. If you wish to request permission for additional uses of material, logos, trademarks and service marks appearing on Perthes.org other than those described above, you may send a written request to Legg Calve Perthes Foundation PO Box 901 Haymarket VA 20169.
8. Ownership Rights
In some cases we may mark our information to let you and others know of our ownership rights. You won’t alter those marks.
In order to protect the foundation’s rights, photographs and videos made available on Perthes.org may contain watermarks and/or be controlled by other digital rights management technologies, which will restrict how users may use the videos and photographs. You must not remove, delete, or alter any watermark or other digital rights management technology or other information, including where it is attached to a copy of a photograph or video, related to the photograph or video’s identification number, transactional terms, copyright owner, licensee, licensor, author, or date of creation or publication. Such conduct is prohibited by law.
9. Complaints About Content and Property Rights
Let us know if you think information posted is violating someone’s property rights.
If the foundation determines you have posted information that may infringe upon the intellectual property rights of someone else, the foundation may remove infringing material. The foundation may also terminate a repeat infringer’s access to portions of Perthes.org.
If you have a good faith belief that your copyright is being infringed upon by any material on Perthes.org, or if you believe your rights, or the rights of someone else, are being violated in any way by material on Perthes.org, please send a notice to PO Box 901 Haymarket VA 20169. We will work to prevent unlawful activity from taking place on or through Perthes.org. Please see the information included below about how to notify us of copyright complaints.
10. Procedure for Making Claims of Copyright Infringement
If you think information on Perthes.org is infringing on your copyright, our procedure lets you know whom you should contact and what information you should provide to us.
To comply with the Digital Millennium Copyright Act (“DMCA”) we have adopted the policy and procedure below so we can, at our sole discretion, quickly remove infringing material and terminate a repeat infringer’s access to portions of Perthes.org.
If you have a good faith belief that your copyright is being infringed on by any material on the website, please send a notice of claimed infringement, including the information listed below, to The Legg Calve Perthes Foundation PO Box 901 Haymarket VA 20169.
To ensure compliance with DMCA guidelines, your notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing URLs in the body of an email is the best way to help us locate the content quickly);
- Information reasonably sufficient to permit us to contact you, such your address, telephone, fax, and/or an email address;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A 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.
11. Prohibited Conduct
This is a list of specific things that you agree you will not do when accessing or using Perthes.org.
You represent and warrant that you will not use Perthes.org to:
- Violate any law or encourage or provide instructions to another to do so;
- Post any content that you are not authorized to post;
- Post any content that infringes upon or violates any patent, copyright, trade secret, or other property right of any third party;
- Act in a manner that negatively affects other users’ ability to use Perthes.org;
- Post anything that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack;
- Exceed your authorized access to any portion of Perthes.org;
- Remove, delete, alter, circumvent, avoid, or bypass any watermark or digital rights management technology;
- Use data mining, robots, screen scraping, or similar data gathering and extraction tools;
- Collect or store personal data about anyone; or
- Reproduce (other than as necessary to lawfully access Perthes.org or for your own personal use), adapt, distribute, make available, communicate to the public, publicly display, or publicly perform any portion of Perthes.org or the materials on Perthes.org in whole or in part.
12. Our Actions If You Breach These Terms
If you breach these Terms, we can terminate your access immediately.
If you breach any provision of these Terms, any license you have obtained will be automatically rescinded and terminated.
You will pay us for any losses you cause.
You will indemnify and hold the foundation harmless from any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of any violation by you of these Terms.
14. Limitation of Liability
To the extent we can by law, we are limiting our liability to you.
To the extent allowed by law, Understood shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:
- The delay, rejection, or removal any or all information on Perthes.org at any time for any or no reason whatsoever with or without notice to you;
- The modification or discontinuation temporarily or permanently, of Perthes.org (or any part thereof) with or without notice to you for any or no reason whatsoever;
- The immediate termination of your access to Perthes.org for any or no reason whatsoever and with or without notice to you;
- The accuracy, usefulness, or availability of any information posted to or through Perthes.org; or
- The loss or damage of any sort incurred by you as a result of interactions you have with any third parties, or with links to third-party websites, found on or through Perthes.org, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings.
We hope you’ll find Perthes.org a useful resource. We only provide information we think might be helpful. However, we disclaim any liability for the use or results of use of information available on Perthes.org.
YOU USE PERTHES.ORG AT YOUR SOLE RISK. WE PROVIDE PERTHES.ORG “AS IS” AND “AS AVAILABLE.” WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO PERTHES.ORG SERVICES PROVIDED THROUGH PERTHES.ORG, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR THAT OF ANY THIRD PARTY THAT YOU USE TO ACCESS PERTHES.ORG OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF PERTHES.ORG.
WE MAKE NO WARRANTY THAT (1) PERTHES.ORG WILL MEET YOUR REQUIREMENTS; (2) PERTHES.ORG WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) PERTHES.ORG RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIAL OBTAINED BY YOU THROUGH PERTHES.ORG WILL MEET YOUR EXPECTATIONS; OR (5) PERTHES.ORG, ITS SERVERS, OR COMMUNICATIONS SENT FROM THE FOUNDATION OR PERTHES.ORG WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH PERTHES.ORG SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
IN NO EVENT SHALL THE FOUNDATION BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INJURY TO REPUTATION, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS, EVEN IF THE FOUNDATION HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. IN NO EVENT SHALL THE FOUNDATION BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN THE GREATER OF $50 (U.S.) OR TEN TIMES THE AMOUNT YOU PAID TO THE FOUNDATION FOR SERVICES. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF ANY COURT OR ARBITRATOR DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, THE LIABILITY OF THE FOUNDATION PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
16. Claims Against Others
If you have claims against third parties related to your use of Perthes.org, you agree you will not include us in the dispute.
17. Dispute Resolution
If we end up in a legal dispute, it will take place in Washington, DC, applying applicable law.
You agree that before you bring a case in court, you will try to mediate the claim against us and then go to arbitration.
You understand that you must file a claim against us within one year after the issue arose.
These Terms and the relationship between you and us shall be governed by the laws of Washington DC, as an agreement wholly performed therein without regard to its conflict of law rules, as well as applicable federal law of the United States. These Terms are not governed by the United Nations Convention on Contracts for the Sale of Goods, which is expressly disclaimed.
If we do not satisfy your concerns regarding any alleged violation and you wish to pursue a claim against us, you agree to engage in mediation in the event that direct negotiations fail to resolve your concerns. The period for mediation shall be thirty (30) days unless the parties mutually agree to an extension. If mediation fails, the parties will arbitrate the dispute pursuant to the applicable rules of the Judicial Arbitration and Mediation Services (“JAMS”). Any arbitration shall take place in Washington, DC, before an arbitrator chosen from JAMS. Any award shall be final, binding, and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. The arbitrator may award any form of remedy or relief (including injunctive relief, such as temporary restraining orders, preliminary and permanent injunctions) that would otherwise be available in court. Any award pursuant to said arbitration shall be accompanied by a written opinion of the arbitrator setting forth the reason for the award. To the extent not inconsistent with applicable laws, the arbitrator will have the authority to hear and grant motions and applications, including on an ex parte or expedited basis. The award rendered by the arbitrator shall be conclusive and binding upon the parties hereto, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction. The prevailing party in any dispute relating to this Agreement shall be entitled to recover associated costs, including reasonable attorneys’ fees.
Any dispute relating in any way to your use of Perthes.org shall be submitted to confidential arbitration pursuant to the applicable rules of the Judicial Arbitration and Mediation Services (“JAMS”). Any arbitration shall take place in Washington, DC, before an arbitrator chosen from JAMS. Any award shall be final, binding, and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. The arbitrator may award any form of remedy or relief (including injunctive relief, such as temporary restraining orders, preliminary and permanent injunctions) that would otherwise be available in court. Any award pursuant to said arbitration shall be accompanied by a written opinion of the arbitrator setting forth the reason for the award. To the extent not inconsistent with applicable laws, the arbitrator will have the authority to hear and grant motions and applications, including on an ex parte or expedited basis. The award rendered by the arbitrator shall be conclusive and binding upon the parties hereto, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction. The prevailing party in any dispute relating to this Agreement shall be entitled to recover associated costs, including reasonable attorneys’ fees. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of Perthes.org or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
You understand these Terms are the agreement between the foundation and you.
We can assign this agreement to an entity that takes over our business or as necessary to run our business.
If we don’t enforce part of these Terms, we can assert our right to do so in the future.
Certain parts of these Terms will survive even if this agreement is terminated.
These Terms constitute the entire agreement between you and the foundation, and govern your use of Perthes.org.
These Terms supersede any prior agreements between you and us with respect to Perthes.org. You also may be subject to additional terms and conditions that may apply when you use other Legg Calve Perthes websites or third-party websites.
These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
The headings in these Terms are for convenience only and have no legal or contractual effect.