Terms & Conditions of Use

Thank you for visiting the Little Hercules Foundation website, https://littleherculesfoundation.org (the “Website”).  The website is a complimentary information and interactive service offered and operated by the Little Hercules Foundation (“LHF”), a 501(c)(3) charitable organization, with the express condition that You agree to be bound by the terms and conditions set forth in these Terms & Conditions of Use (the “Terms”).  Specifically, Your use of the Website, its content and services, including, but not limited to, the provision of information, documents, commentary, photographs, any user requested e-mail notifications or newsletters, and links to third party websites and/or retail portals (collectively, the “Services”) is governed by the Terms , and is based on Your adherence to and acceptance of such Terms.  Please read these Terms carefully before using the Website or the Services.  You expressly acknowledge that You have been advised of these Terms upon entering the Website and have had access to the same.  If You do not agree to these Terms, then You are not authorized to continue use of the Website or the Services.

LHF, and any related entities, subsidiaries and affiliates (collectively, the “LHF” or “We”/“Us”/“Our”) respect Your privacy and recognize the importance of the responsible collection, use and storage of information obtained during Your use of the Website.  Please review the Website’s Privacy Policy  which explains the information collection practices, such as the types of information We collect regarding visitors to the Website and users of the Services, and how We may use that information.

LHF may at any time revise these Terms without prior notice.  It is Your responsibility to regularly review the Terms for any changes.  These Terms are available and accessible online on the home page of the Website.  Continued use of the Website and/or Services following any change to these Terms will be deemed an acceptance of such modified Terms.  Any such changes, modifications or alterations to these Terms may affect Your use of the Website and/or Services, all without liability or responsibility of LHF.

DESCRIPTION OF SERVICE

LHF may provide information and resources, including, but not limited to, links or referrals to financial and medical services  (the “Service”).  LHF assumes no responsibility or liability for the timeliness, deletion, mis-delivery or failure to upload, receive and/or store any user information or document.  All such risks shall be borne by you.

USER CODE OF CONDUCT

You understand that all information, data, documents, or other materials ("Content") uploaded, submitted or otherwise delivered by You is Your sole responsibility and You, and not LHF, bear all risks and liabilities for all Content that you upload, post, email, transmit or otherwise make available via the Service. You agree to not use the service to:

upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. (Posting the same note more than once can be considered "spam" or "spamming");

upload, post, email, transmit or otherwise make available any material 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;

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

intentionally or unintentionally violate any applicable local, state, national or international law;

"stalk" or otherwise harass another; or

harvest or otherwise collect or store personal data about other users.

You acknowledge that LHF and its designees shall have the right (but not the obligation) in their sole discretion to refuse, return, or delete any Content that is available via the Service.

You acknowledge and agree that LHF may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the Rights of third-parties; or (d) protect the rights, property, or personal safety of LHF, its users and the public.

LINKS TO OTHER WEBSITES

Some links on the Website take you to other, non-LHF website(s) and/or provide access to mobile applications available for download.  These other websites may not be under the control of LHF, and We are not responsible for their content, action or re-direction.  We are providing these links as a convenience to You, and in doing so do not imply support or endorsement of any kind.

MODIFICATIONS TO THE SERVICE

LHF reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LHF shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

TERMINATION

You agree that LHF, in its sole discretion, may delete or destroy any communications, documents or other materials received from You or remove and discard any Content within the Service (collectively, any “termination”), for any reason, including, without limitation, for lack of use or if LHF believes that You have violated or acted inconsistently with the letter or spirit of this user agreement. You agree that any termination may be effected without prior notice, and acknowledge and agree that LHF may immediately effect such termination . Further, you agree that LHF shall not be liable to you or any third-party for any termination of the Service.

MEDICAL DISCLAIMER

You acknowledge that the information on the Website is provided "as is" for general information only. It is not intended as medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs.

DISCLAIMER OF WARRANTY

LHF makes no warranties of any kind regarding this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.

LIMITATION OF LIABILITY

You agree that you will hold harmless LHF and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from or to this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights.  In no event will LHF or the contributors of information to this Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

INTELLECTUAL PROPERTY

All content accessible through the Website and the Services, including all logos, text, images, audio, video, diagrams and maps, as well as the collection, arrangement, assembly and presentation of the Website’s pages, with the exception of trademarks or logos of third parties, unless otherwise explicitly noted, is the sole and exclusive property of, or under license to, LHF and is protected by copyright laws.  You may not use LHF logo or any other content derived from the Website or from the Services without express written permission in advance from LHF.

The LHF logo and the designation LHF (collectively, the “LHF Marks”) are trademarks owned by LHF and may not be used without LHF’s express written permission.  The LHF Marks may not be used in connection with any product or service that is not LHF’s in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits LHF.  Other products, services or company names used on the Website may be trademarks of other owners.

You further acknowledge and agree that LHF, or its or content suppliers, own all right, title and interest in and to all intellectual property contained in and/or used through the Website and/or the Services, including without limitation, any and all patents, know-how, trademarks, service marks, copyrights, rights in passing off, database rights, rights in commercial or technical information, or any other rights in any invention, discovery or process, as well as any other intellectual property rights, whether registered or unregistered, and including applications for the grant of any such rights and all rights or forms of protection having equivalent or similar effect in each case in the United States  (“Intellectual Property”).  You shall not acquire any right, title, or interest in or to the Website, the Services or any content contained and/or provided therein.

Further, You acknowledge and agree that any communication or material that You transmit to Us via the Website, the Services, electronic mail or otherwise, excluding personally identifiable data about Yourself, including, but not limited to, any data, documents, questions, answers, comments, suggestions, or the like (“User Content”) will be treated as non-confidential and non-proprietary by Us.  By sending User Content to Us, You will grant LHF a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such User Content alone, or as part of other works in any form, media, or technology, whether now known of or hereafter invented, and to sublicense such rights to anyone else.

To the extent permitted by law, You waive your droit “moral” rights (the right to be identified as the author or to object to derogatory treatment) in any User Content transmitted to Us via Your use of the Website, the Services, electronic mail or otherwise.

PERSONALLY IDENTIFIABLE INFORMATION or PROTECTED HEALTH INFORMATION

Prior to submitting any personally identifiable information (PII), as defined in California Civil Code section 1798.29 and/or EU Data Protection Directive (Directive 95/46/EEC) and the EU General Data Protection Regulation (Regulation (EU) 2016/679) adopted April 27, 2017 and effective May 25, 2018, or protected health information (PHI), as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health (HiTECH) Act or as defined by the Code of Federal Regulations (45 CFR 160.103), you agree to review and sign an AUTHORIZATION to be delivered prior to or concurrent with the submission or other delivery by You of such PII or PHI.  You further acknowledge that You will only submit Your PII or PHI and not that of any other person.

U.S. DIGITAL MILLENIUM COPYRIGHT ACT

If You are the owner of a U.S. copyright, or a U.S. copyright owner’s agent, You may submit notification, pursuant to the Digital Millennium Copyright Act (“DMCA”), if You believe any content on the Website infringes upon Your copyrights. To provide adequate notice, You must submit to our DMCA Agent the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

1)Identify the copyrighted work claimed to have been infringed;

2)Identify the alleged infringing material requested to be removed, including information reasonably sufficient to have our DMCA Agent locate the material;

3)Information reasonably sufficient to permit our DMCA Agent to contact You, such as a mailing address, e-mail address and telephone number;

4)A statement indicating You have a good faith belief that the alleged infringing material is not authorized by the copyright owner;

5)A statement, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and that the information submitted in the notification is accurate; and

6)A physical or electronic signature of the owner of an exclusive right that is allegedly infringed, or his or her authorized agent.

You may direct all copyright infringement notifications to:

DMCA Agent, Little Hercules Foundation, 5522 Avery Road, Dublin, OH 43016 

JURISDICTION

This Website (excluding linked sites) is controlled by LHF which is headquartered in the State of Ohio, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Ohio by accessing this Website both you and LHF agree that the statutes and laws of the State of Ohio , without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website. You and LHF also agree and hereby submit to the exclusive personal jurisdiction and venue of the state or federal courts of the State of Ohio with respect to such matters. LHF makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.

Revised: 10/11/2017

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Little Hercules Foundation relies on the generosity of individuals around the world, like you, who believe in our mission and in the power to make a difference in the lives of those diagnosed with — and families fighting against — Duchenne muscular dystrophy.

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