Terms of Use

Introduction and Agreement to be Bound

Use of the Lipedema Foundation services including but not limited to the website located at www.lipedema.org and the mobile optimized version of that website and any other website provided by The Lipedema Foundation (individually and collectively, the “LF Website”) is subject to these Terms of Use (“Terms”).  Please read these Terms carefully before using the LF Website. 

BY ACCESSING OR USING THE LF WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS.

The Lipedema Foundation (“LF”) reserves the right to revise these Terms at any time at its sole discretion by posting revised Terms on the LF Website.  Your continued use of the LF Website indicates your acceptance of all terms and conditions contained in the Terms posted at the time of your use.

Unless otherwise expressly provided in these Terms, all information, material, content, and intellectual property contained on the LF Website including but not limited to LF’s trademarks, service marks, logos, and content (collectively, the “LF Content”) is the property of LF, its affiliates, and third-party licensors and is protected by applicable United States copyright and trademark law, as well as other federal, state, local, and international laws and regulations.  Use of the Content is subject to all such laws and regulations as well as these Terms.

Grant of License

LF grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the LF Website for your personal, non-commercial use only, subject to your acceptance of and compliance with these Terms.  Subject to the limitations and restrictions provided in these Terms, material contained in the LF Website may be downloaded, viewed, and printed for your personal and noncommercial use, provided that all trademark, copyright, and other proprietary notices appearing in such material is retained.  All other rights not expressly granted in these Terms are hereby reserved by LF.

Restrictions

Except as otherwise expressly authorized by these Terms, you shall not:

copy, reproduce, modify, lease, license, sell, create derivative works from, transmit, distribute, display, market, deconstruct, or reverse engineer any portion of the LF Content in any manner without the prior written permission of the LF;
engage in any unlawful, false, misleading, offensive, obscene, threatening, harassing, or abusive activities or postings on the LF Website;
post or share content on the LF Website in any way that infringes others’ copyrights, trademarks, other intellectual property rights, or privacy rights;
post, input, or upload to the LF Website any data or information containing viruses or any other computer code, or corrupt files or programs that are intended to damage, disrupt, interfere with, or destroy the performance or function of or access to the LF Website; or
frame or use framing techniques with respect to any LF Content on the LF Website.


Third Party Content

LF does not claim ownership of or responsibility for any information, materials, comments, statements, content, services, products, or other posts by you or any other third parties on the LF Website (“Third Party Content”).  LF makes no representations, warranties, or guarantees with respect to the accuracy, quality, timeliness, confidentiality, or security of any such Third Party Content.  LF has no obligation to review, correct, or update any Third Party Content and LF is not liable for any inaccuracies or errors therein.  

LF cannot and does not grant you any authorizations, licenses or other permissions with respect to any Third Party Content.  If you would like to use any Third Party Content, we strongly recommend that you first contact the owner of that Third Party Content.  

By accessing the LF Website, you represent and warrant that you have and will have all the rights necessary for the content you post or otherwise share on the LF Website and that the content you post or otherwise share does not and will not violate any law.

Third Party Links

The LF Website may contain links to third party websites and resources (“Third Party Links”). Third Party Links are provided solely for your convenience and are not and should not be construed as endorsement by LF of the content, information, services, or other material contained on such Third Party Link, and LF makes no representation, warranties, or guarantees as to the accuracy, quality, timeliness, confidentiality, or security thereof.

DISCLAIMER

THE LF WEBSITE AND ALL CONTENT THEREIN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LF MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT THEREIN, INCLUDING, WITHOUT LIMITATION, COMPLETENESS, ACCURACY, AN IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LF NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS RESULTING FROM OR ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE LF WEBSITE AND/OR ANY OF THE CONTENT, ADVERTISING, OR OTHER MATERIALS CONTAINED ON THE LF WEBSITE, EVEN IF LF HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

To the fullest extent permitted by applicable law, you shall indemnify, defend and hold harmless LF and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, law suits, and other actions, resulting from or arising out of the use, or inability to use, the LF Website and/or your violation of these Terms, including any liability, expense, cost, losses, and damages (including, without limitation, reasonable attorneys’ fees).

Privacy and Other LF Policies

The LF Privacy Policy can be found at www.lipedema.org/privacy-policy/ and is incorporated into these Terms and governs the use of all data and personal information collected by LF by reason of your access and use of the LF Website.  In the event of any conflict between these Terms and the provisions contained in any other terms and conditions applicable to certain portions of the LF Website, the provisions of those terms and conditions shall control.

Notices of Claims of Copyright Infringement

Notices of claims of copyright infringement should made pursuant to LF’s Policy and Procedure for Making Claims of Copyright Infringement found at www.lipedema.org/take-down/.

Governing Law

These Terms of Use and all matters and disputes arising out of the LF Content or Website shall be governed by and construed in accordance with the laws of the state of Connecticut without regard to its conflicts of laws principles.

Jurisdiction and Venue

You hereby agree that any dispute, law suit, or other action arising out of the LF Website, any content provided on the LF Website, or these Terms of Use, shall be instituted and resolved exclusively in a state or federal court of competent jurisdiction located in Greenwich, CT.  You hereby agree to submit to the personal jurisdiction of such courts for resolution of such disputes, law suits or actions, and further agree that venue in Greenwich, CT is both proper and convenient.

Waivers

No waiver, expressed or implied, once or more often, by LF of any right or remedy it may have with respect to these Terms, nor its failure to enforce any provision of these Terms, shall constitute or be deemed a waiver of any other right or provision hereunder.

Severability

If any part of these Terms is found by a court of competent jurisdiction to be unlawful, unenforceable, or invalid, all other parts shall remain in full force and effect.

International Use

LF makes no claim or warranty with respect to access or use of the LF Website, including, without limitation, the LF Content, outside the United States. Any such access or use is at your own risk and you are responsible for compliance with applicable local laws and regulations.

Copyright and trademark notices

All contents of the LF Website are Copyright © 2016-2017 The Lipedema Foundation or our affiliates or suppliers, 2 Greenwich Office Park, Suite 300, Greenwich, CT 06830.  All rights reserved. 

LF or our affiliates or suppliers own the title, copyright, and other intellectual property rights in the services and its content.  Lipedema Foundation and the names, logos, and icons of all the Lipedema Foundation products, software, and services may be either trademarks or registered trademarks of the Lipedema Foundation in the United States and/or other countries.  

The names of actual companies and products may be the trademarks of their respective owners.

Any rights not expressly granted in these Terms are reserved.