Effective Date: June 1, 2022
AD Connect (the “Site”) is operated as a non-commercial product by Alzheimer’s Disease Data Initiative, Inc. (referred to herein as “ADDI,” “we,” “us,” or “our”).
TABLE OF CONTENTS
- User Registration
- User-Generated Content
- User Feedback
- Intellectual Property Rights
- Permitted Use
- Copyright Infringement
- Links, Frames, Metatags, Bots and Scraping
- Site Availability and Support
- Fair Allocation of Risks
- Disclaimer of Warranties
- Disclaimer of Certain Damages
- Limitation of Liability and Exclusive Remedies
- Independent Remedies
- Notice of Potential Limits
- Changes to these Terms
- Governing Law; Exclusive Jurisdiction; Venue; Jury Trial Waiver
- International Visitors
- Comments and Questions
1. User Registration.
Eligibility. The Site is provided solely for charitable purposes. The Site is not available to, (a) any users previously suspended or blocked by us, or (b) any user who is under the age of 13. By clicking the “I Agree” button (if applicable) or by otherwise using or registering an account on the Site, you represent that, (x) you have not been previously suspended or blocked from the Site by us, and (y) you are over the age of 13.
Usernames; Password. If you register for an account on the Site, we ask that you provide us with your current, complete, and accurate information. We may, but are not required to, verify your identity using the information you provide to us. You will create a unique username and password as part of your account registration, and these may only be used by you. All users are responsible for keeping their username and password confidential and may not authorize anyone else to use them. You agree that we may attribute all use of your username to you and that you are responsible for all activity that occurs under your account. Please immediately notify ADDI at: email@example.com if the security of your username or password has been compromised.
3. User-Generated Content.
We permit certain users to post content on the Site, such as comments, videos or photos depicting their use of the Site, profile pictures, biographical “blurbs,” or other material that may be connected to their user accounts (collectively, “User Content”). User Content allows our users to share their experience of the Site and gain insight or ideas from others. ADDI does not control or endorse and is not responsible or liable for User Content. If you post any User Content to the Site, you grant us and all members of the public who may access publicly-available User Content on our Site or elsewhere a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that User Content throughout the world in any media, and the right to use and display the name that you submit in connection with such User Content. By posting User Content, you represent and warrant that you own or otherwise control all of the rights to the User Content that you post necessary to meet your obligations to us under these Terms; that the User Content is accurate; that use of the User Content you supply does not violate any law, these Terms, or the privacy, publicity, intellectual property or other rights of any other person or entity. You must not provide any User Content that infringes others’ copyrights or the intellectual property or privacy rights of others. You are solely responsible for all User Content you provide to us or make available to others through the Site.
4. User Feedback.
By submitting any ideas, feedback, or suggestions (“Feedback”) to us through the Site or by other means, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information of you or any third party; (b) we are not under any obligations of confidentiality with respect to the Feedback; (c) we may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (d) you are not entitled to any compensation of any kind from us.
5. Intellectual Property Rights.
ADDI owns the copyright in, or licenses from third parties all content available on the Site, including the text, photographs, graphics, AD Connect logos, button icons, audio, video, and software (“Content”). “Alzheimer’s Disease Data Initiative” is a registered trademark owned by us and may be used only with our written permission. If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, or that otherwise violates an intellectual property right owned by you, please contact us in the manner described below in the "Copyright Infringement" section, if applicable, or the “Notice” section in the case of other intellectual property concerns.
6. Permitted Use.
The Site is designed to provide scientific resources and support on behalf of participating users. All copying or distribution of Content is prohibited without the advance written consent of ADDI. You may not use the Site or its Content for any other purpose, including for commercial purposes, or in any manner that either disparages or discredits any person or misrepresents the source of Content. All distributed copies of Content must display an appropriate copyright notice, such as: “Copyright 2022 Alzheimer’s Disease Data Initiative” in the case of Content owned by us. Permission to copy or distribute any Content that is owned or copyrighted by others must be obtained from the third party owning such Content.
7. Copyright Infringement.
We will provide you notice if, for any reason, we remove your User Content from the Site due to an alleged intellectual property infringement. If you believe that your work has been used on our Site in a way that constitutes copyright infringement, you should send written notice thereof, in accordance with the provisions of the Digital Millennium Copyright Act ("DMCA") to our Designated Copyright Agent, who can be reached as follows:
AD Connect c/o Alzheimer’s Disease Data Initiative, Inc.
4110 Carillon Point
Kirkland, WA 98033
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the DMCA, any person who knowingly and materially misrepresents that content is infringing may be subject to liability. If you are unsure whether content on the Site infringes your copyright, you may wish to contact an attorney prior to sending notice.
8. Links, Frames, Metatags, Bots and Scraping.
You may link to the home page of the Site as long as you do not do so in a false or misleading manner. You may not frame the Content or the Site itself without our prior written consent. You may not use metatags or any other "hidden text" that incorporates the Content without ADDI's express written consent. You may not use automated means, such as bots, to access, scrape or otherwise collect Content without our express written consent.
9. Site Availability and Support.
You may access the Site if and when it is available. ADDI does not guarantee continuous availability of the Site or its Content. The Site may occasionally be down for service, upgrades, or for other reasons. To the maximum extent authorized under applicable law, ADDI reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at its discretion.
11. Fair Allocation of Risks.
WHEN USING THE SITE, YOU ACKNOWLEDGE THAT WE PROVIDE THIS SITE AND ITS CONTENT FREE OF CHARGE TO ALL USERS IN RELIANCE ON THE FOLLOWING DISCLAIMERS AND LIMITATIONS OF LIABILITY, WHICH STATE THAT WE ARE NOT LIABLE FOR ANY CLAIM, LOSS OR INJURY RESULTING FROM YOUR FREE ACCESS TO, AND USE OF, OUR SERVICES OR THE SITE. YOU AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW REPRESENT A FAIR ALLOCATION OF RISK BETWEEN ADDI, ITS AFFILIATES, AND YOU WITH REGARD TO YOUR USE OF THE SITE AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US CONCERNING YOUR USE AND ENJOYMENT OF THE SITE.
12. Disclaimer of Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, INCLUDING ALL DATA, INFORMATION, SOFTWARE, SERVICES AND CONTENT PRESENTED ON AND THROUGH THE SITE, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” SUBJECT TO THE TERMS OF ANY AGREEMENT WE MAY HAVE WITH YOU, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ADDI AND ITS AFFILIATES. SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL WARRANTIES THAT THE SITE OR ITS CONTENT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR (D) WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. NOR DO WE WARRANT THAT ANY DEFECTS OR ERRORS ON THE SITE OR IN THE CONTENT WILL BE CORRECTED. WE DO NOT ASSUME ANY LIABILITY RELATING TO DELAYS OR INTERRUPTIONS ATTRIBUTABLE TO THIRD PARTY FAILURES BEYOND OUR CONTROL. THE SITE AND ALL CONTENT YOU DOWNLOAD OR OBTAIN FROM THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.
13. Disclaimer of Certain Damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY KIND, WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR THESE TERMS, EVEN IF ADDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Limitation of Liability and Exclusive Remedies.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 12 OR 13, OUR MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE CONTENT, OR THE SITE SHALL BE LIMITED TO FIVE DOLLARS ($5.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OR THE SITE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
YOU AND ADDI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR ITS CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. Independent Remedies.
The exclusion of damages under Section 13 is independent of your exclusive remedy in Section 14 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 12, 13, and 14 apply without regard to whether loss, liability, or damages arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
16. Notice of Potential Limits.
Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in Sections 12, 13, or 14 will be interpreted as excluding liability that cannot under applicable law be excluded in those jurisdictions. If you reside or are otherwise subject to the laws in one of those jurisdictions, any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this section may not apply to you.
You hereby agree to defend, indemnify, and hold ADDI and its affiliates, and their respective directors, officers, members, managers, employees, agents, partners, suppliers, and licensors (“Indemnified Persons”) harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys' fees, relating to, arising from, or allegedly arising from (a) your use of the Site and any activities occurring under your account; (b) your violation of these Terms; or (c) your violation of any other party's rights or applicable law.
ADDI may give you all required notices (including legal process) by any lawful method, including by posting notices on the Site or by sending notice to any email address you provide to us. You agree to send notices to ADDI to the following address:
ADDI Connect c/o Alzheimer’s Disease Data Initiative, Inc.
4110 Carillon Point
Kirkland, WA 98033
19. Changes to these Terms.
We may modify or update these Terms from time-to-time so you should review the Terms periodically. ADDI reserves the right to change these Terms at any time, in our sole discretion, upon notice to you. We may give notice by posting updated Terms on the Site, sending an email to your account email, or by any other reasonable means. By using the Site following any modifications to these Terms, you agree to be bound by any such changes to the Terms.
20. Governing Law; Exclusive Jurisdiction; Venue; Jury Trial Waiver.
These Terms and your use of the Site and Services are governed by the laws of the State of Washington as applicable to contracts made and performed there, without reference to its choice of law rules. You expressly agree that jurisdiction and venue for any dispute relating to or arising from these Terms, the Site, or the Content will reside in the State and Federal Courts of King County, Washington.
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IF FOR ANY REASON, ANY CLAIM OR CAUSE OF ACTION, OR ANY PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY A PARTY AGAINST THE OTHER PARTY, BASED UPON, ARISING OUT OF, OR RELATED TO THE SITE, CONTENT, OR THESE TERMS, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS, OR OTHERWISE, PROCEEDS IN FEDERAL OR STATE COURT, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. THIS WAIVER APPLIES TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS, OR MODIFICATIONS TO THESE TERMS.
21. International Visitors.
We operate the Site in the United States. If you choose to access our Site from locations outside the United States, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in the United States. You also agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Site, if and to the extent local laws are applicable to use of our Site. If you are under the age of 18, you confirm that you have received parental consent, if required in your jurisdiction, to open an account and enter into these Terms. Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that the Content offered on our Site is appropriate or available for use in jurisdictions outside the United States. The right to access and use the Site is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render us in violation of any applicable laws or regulations, including without limitation, applicable privacy laws, or subject us to any registration requirements within such jurisdiction or country. If you are located in a country embargoed by the United States or are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” you are not authorized to access or use the Site.
If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. Section titles are only for convenience and have no legal or contractual significance. ADDI may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, under these Terms. If, at any time, ADDI fails to respond to a breach of these Terms by you or others, such failure will not waive ADDI's right to act with respect to subsequent or similar breaches. A waiver will only be binding on ADDI if it is in writing and signed by ADDI. These Terms (including any incorporated terms or policies, and product or service-specific additional terms) constitute the entire agreement between you and ADDI with respect to the Site. No one other than you and ADDI, the Indemnified Persons or ADDI’s successors and permitted assigns will have any right to enforce these Terms.
23. Comments and Questions.
If you have questions, comments, or concerns about the Site, including about the Content, please contact us at: firstname.lastname@example.org.