THE KAWASAKI DISEASE FOUNDATION (â€œKDFâ€) DOES NOT PROVIDE HEALTH CARE OR MEDICAL ADVICE
The content of the KDF web site, such as text, graphics, images, information obtained from KDF's licensors or suppliers and other material ("Content") contained on the Site is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on the KDF Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. KDF does not recommend or endorse any specific tests, products, or procedures that may be mentioned on the Site. Reliance on any information provided by KDF, our employees, others appearing on the Site at the invitation of KDF, or other visitors to the Site is solely at your own risk.
The content provided by KDF is compiled from numerous sources. KDF and its directors, officers, employees, licensors, suppliers, agents and independent contractors, do not directly or indirectly practice medicine or provide medical services as part of KDF.
The Site may contain health or medical related materials that you find sexually explicit or otherwise offensive. KDF, its licensors and its suppliers have no control over and accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence.
Use of Site and Services You agree to use the Site and the Services solely for your own personal use, and not for commercial use. If you violate any of the terms and conditions of this Agreement, your permission to use the Content automatically terminates.
You agree (1) to provide true, accurate, current and complete information about yourself as requested in the information request forms, and to update that information at your convenience; (2) not to provide false information; (3) not to use the Site and the Services to conduct any business or activity or solicit the performance of any activity prohibited by law or by any contractual provision by which you are bound; (4) not to use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Site; and (5) to comply with all applicable laws, rules and regulations in connection with the Service.
You are responsible for maintaining the confidentiality of your name and personal information. You also are responsible for all uses of your user name or personal information, whether or not authorized by you. Since submissions you make to public areas are not confidential, we recommend that you select a user name that does not identify you (also see below User Submissions and Contributions).
By submitting information to the Site, you agree that we may use information you provide to deliver content to you that, in some cases will be targeted to your interests, such as new services, promotions, and banner displays.
User Submissions and Contributions
You agree that any messages, other communications, content or materials you submit to public areas of this site are non-confidential for all purposes. For any submissions you make, you automatically grant, or warrant that the owner of such communication, content or materials has expressly granted KDF a royalty-free, perpetual, irrevocable, world-wide nonexclusive and fully sub-licensable right and license to use, edit, distribute, reproduce, modify, create derivative works from, publish and display in any media and medium or form and format currently know or developed in the future. When you post or transmit content or materials to the Site (including but not limited to message boards and chat rooms), you agree to abide by the following rules:
(1) You may not post or transmit content or material that, as determined by KDF in its sole discretion, is slanderous, defamatory, threatening, obscene, fraudulent, harmful, abusive or hateful, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, is embarrassing to any other person or entity, or that is in violation of applicable local, state, national or international laws;
(2) You may not use this Site to conduct any activity that is illegal or that violates the rights of others including impersonating another person;
(3) You may not use this Site to post advertisements or solicitations of business;
(4) You may not interfere with another user's use and experience of this Site;
(5) You may not post or transmit content or materials that expose KDF to any liability or adverse impact of any type as determined by KDF in its sole discretion; and
(6) You agree to inform KDF if you believe that another user is infringing any copyrighted materials.
All content or materials submitted, posted or provided by users reflect only the views of the author and do not necessarily reflect the views of KDF.
KDF, in its sole discretion, reserves the following rights, but has no obligations, relating to content or materials posted or transmitted by users to the Site or to KDF in connection with the Services ("Submissions"): (1) to remove, edit or delete Submissions that are illegal, abusive, disruptive or are inconsistent with these Terms of Service; (2) to record and use Submissions; (3) to monitor Submissions to ensure consistency with these Terms of Service; and (4) to remove, edit or delete any Submissions posted on the Site that, KDF, in its sole discretion, considers harmful, or that otherwise are inappropriate to the content and character of the Site. KDF reserves the right to take any action it deems necessary to ensure compliance with the User Submissions and Contributions provisions and to protect the personal safety of its guests or the public. KDF has no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Third Party Advertisers and Links
The Site may contain links to web sites operated by other parties. The linked web sites are not under the control of KDF, and KDF is not responsible for the content available on any other Internet sites linked to the Site. KDF does not endorse or guarantee any content, material, products or services contained on or accessible through links to other sites from the KDF site. KDF disclaims all liability with regard to your access to such linked web sites. Your access to any other Internet sites, including content, material, products and services therein, linked to this Site is at your own risk and subject to the terms and conditions of use for such sites.
KDF does not endorse or guarantee any product or services advertised on the KDF site or any company sponsoring parts of the site.
KDF is committed to protecting the privacy of children. The site is not intended or designed for use by children under the age of thirteen (13) years. We do not knowingly collect personally identifiable information from any person under the age of thirteen (13).
Disclaimer of Warranty
Use of the services, the site, and any content available on KDF's web site is at your own risk. KDF provides the site, services, and content on an "as is" basis without warranty of any kind, either express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. This disclaimer of warranty constitutes an essential part of this agreement. KDF makes no warranty that (i) the services, content and software are accurate, timely, uninterrupted or error-free; (ii) the results that may be obtained from the use of the services or content will be reliable; (iii) the quality of any products obtained or purchased through the use of the services or content will meet your expectations; or (iv) any errors in the services or content will be corrected. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
Limitation of Liability
In no event will KDF, its directors, officers, employees, licensors, suppliers, agents or independent contractors be liable for any indirect damages or other relief arising out of your use or inability to use the services including, by way of illustration and not limitation, lost profits, lost business or lost opportunity, or any indirect, special, incidental or consequential or exemplary damages, including legal fees, arising out of such use or inability to use the services, even if KDF or an authorized licensor, dealer, distributor or supplier has been advised of the possibility of such damages, or for any claim by any other party. KDF is not liable for any personal injury, including death, caused by your use or misuse of the site. Any claims arising in connection with your use of the site must be brought within one (1) year from the date of the event. In no event will KDF's total cumulative liability under this Agreement exceed $1,000.
Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such states or jurisdictions, KDF's liability shall be limited to the extent permitted by law. Indemnification. You agree to defend, indemnify and hold harmless KDF and its directors, officers, employees, licensors, suppliers, agents and independent contractors from and against all losses, claims, actions or demands, damages and expenses, including attorney's fees, resulting from, or alleged to result from, any violation of this Agreement.
Unless otherwise set forth in a written agreement between you and KDF, you must adhere to KDF's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with KDF's names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with KDF, Inc., and (iii) KDF reserves the right to revoke its consent to the link at any time and in its sole discretion.
All content within this Site (as well as the organization and layout of the Site) are owned and copyrighted by KDF, Inc. or its affiliates and may be accessed, downloaded or printed for your personal, non-commercial use only. Title to the content remains with KDF. Without the prior written permission of KDF, you may not copy, distribute or transfer any content within this Site, in whole or in part. All trademarks, service marks, and trade names (collectively the "marks") are proprietary to KDF or other respective owners that have granted KDF the right and license.
Revisions to Agreement
This Agreement may be revised, modified, altered or updated in the future. KDF will post the revised Agreement on its web site. If any material changes are made to the Agreement, you will be notified the next time you log in to the Site. You agree that after consenting you will be bound by such revisions, modifications, alterations, or updates. If you do not accept the revised terms, you may continue to enjoy those features of the Site that do not require registration.
The Site is operated by KDF from its offices in Boxford Massachusetts, USA. This Agreement and the resolution of any dispute related to this Agreement or the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to any principles of conflicts of law. KDF's failure to insist on strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You expressly agree that exclusive jurisdiction for any dispute with KDF, or in any way relating to your use of the KDF site, resides in the courts of the Commonwealth of Massachusetts. In addition, you agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any dispute including a claim involving KDF, its respective directors, officers, employees, content providers, suppliers, agents and independent contractors.
KDF reserves the right, in its sole discretion, to immediately terminate this Agreement with respect to any user in the event of any breach by a user of this Agreement. If you violate the terms of this Agreement, your rights to use the features of the Site covered by this agreement automatically terminate.
Any claim or controversy arising out of or related to this Agreement, or the products or services KDF provides shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude KDF from seeking any injunctive relief for protection of KDF's intellectual property rights.
This Agreement, as modified from time to time as described above, and including the policies incorporated by reference, sets forth the entire understanding and agreement between you and KDF with respect to use of the Site and Services. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. KDF shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of KDF. You may not assign this Agreement without our consent.