TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITE AND SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OUR USE OUR SITE OR SERVICES. THIS TERMS AND CONDITIONS IS EFFECTIVE AS OF 12/10/2018.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the "Terms") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Multiple Sclerosis Encouragement Organization, also known as MSEO, located at Phoenix, AZ and our subsidiaries and affiliates, in association with the use of the MSEO website, which includes https://www.mymseo.org, (the "Site") and its Services, which shall be defined below.

Agreement between User and https://www.mymseo.org

Welcome to https://www.mymseo.org. The https://www.mymseo.org website (the “Site”) is comprised of various web pages operated by the Multiple Sclerosis Encouragement acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://www.mymseo.org constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

https://www.mymseo.org is a Non-Profit Site.

Providing education, encouragement and self-empowerment of those affected with MS, their families and caregivers.

Privacy

Your use of https:///www.mymseo.org is subject to MSEO’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Every member's registration data and various other personal information are strictly protected by the Multiple Sclerosis Encouragement Organization Online Privacy Policy (see the full Privacy Policy at https://www.mymseo.org/privacy-policy/). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Multiple Sclerosis Encouragement Organization and/or our subsidiaries and affiliates.

Electronic Communication

Visiting https://www.mymseo.org or sending emails to MSEO constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MSEO is not responsible for third party access to your account that results from theft or misappropriation of your account. MSEO and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

REGISTRATION

To register and become a "member" of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving MSEO's Services under the laws and statutes of the United States or other applicable jurisdiction.

When you register, MSEO may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with MSEO and sign in to our Services, you are no longer anonymous to us.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

  1. furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
  2. maintain and promptly update your registration and profile information to maintain accuracy and completeness at all times. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Multiple Sclerosis Encouragement Organization will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Multiple Sclerosis Encouragement Organization Services, or any portion thereof.

Children Under Thirteen

It is Multiple Sclerosis Encouragement Organization's priority to ensure the safety and privacy of all its visitors, users and members, especially that of children.

Therefore, MSEO does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.mymseo.org only with permission of a parent or guardian.

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Multiple Sclerosis Encouragement Organization immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Multiple Sclerosis Encouragement Organization shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the Terms.

CONDUCT

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the MSEO Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by MSEO.

Furthermore, you herein agree not to make use of Multiple Sclerosis Encouragement Organization's Services for the purpose of:

  1. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
  2. causing harm to minors in any manner whatsoever;
  3. impersonating any individual or entity, including, but not limited to, any MSEO officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
  4. forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
  5. uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
  6. uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
  7. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
  8. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
  9. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
  10. interfering with or disrupting any Multiple Sclerosis Encouragement Organization Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
  11. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  12. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;
  13. "stalking" or with the intent to otherwise harass another individual; and/or
  14. collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

Multiple Sclerosis Encouragement Organization herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the “Terms”, or which would otherwise be considered offensive to other visitors, users and/or members. Multiple Sclerosis Encouragement Organization herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

  1. compliance with any legal process;
  2. enforcement of the Terms;
  3. responding to any claim that therein contained content is in violation of the rights of any third party;
  4. responding to requests for customer service; or
  5. protecting the rights, property or the personal safety of Multiple Sclerosis Encouragement Organization, its visitors, users and members, including the general public.

Multiple Sclerosis Encouragement Organization herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Multiple Sclerosis Encouragement Organization or any other content providers supplying content services to Multiple Sclerosis Encouragement Organization. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

Links to Third Party Sites/Third Party Services

https://www.mymseo.org may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MSEO and MSEO is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MSEO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MSEO of the site or any association with its operators.

Certain services made available via https://www.mymseo.org are delivered by third party sites and organizations. By using any product, service, or functionality originating from the https://www.mymseo.org domain, you hereby acknowledge and consent that MSEO may share such information and data with any third party with whom MSEO has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.mymseo.org users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.mymseo.org strictly in accordance with these terms of use. As a condition of your use of this Site, you warrant to MSEO that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the site in any manner which could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided through this Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is property of MSEO or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MSEO content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any license, express or implied, to the intellectual property of MSEO or our licensors except as expressly authorized by these Terms.

International Users

This service is controlled, operated and administered by MSEO from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use MSEO Content accessed through https://www.mymseo.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless MSEO, its officers, directors, employees, volunteers, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your own violation of any applicable laws, rules or regulations. MSEO reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MSEO in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESETIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and the MSEO agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE. PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MULTIPLE SCLEROSIS ENCOURAGEMENT ORGANIZATION AND/OR ITS SUPPLIERS MAY IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.

MULTIPLE SCLEROSIS ENCOURAGEMENT ORGANIZATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABLITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND. MULTIPLE SCLEROSIS ENCOURAGMENT ORGANIZATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL LIMITED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MULTIPLE SCLEROSIS ENCOURAGEMENT ORGANIZATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MULTIPLE SCLEROSIS ENCOURAGEMENT ORGANIZATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATIFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

MSEO reserves the right, in its sole discretion, to terminate your access to the Site and related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.

You agree no joint venture, partnership, employment, or agency relationship exists between you and MSEO as a result of this agreement or use of the Site. MSEO’s performance of this agreement is subject to existing laws and legal process, nothing contained in this agreement is in derogation of MSEO’s right to comply with government, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MSEO with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless, otherwise specified herein, this agreement constitutes the entire agreement between the user and MSEO with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the use and MSEO with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

MSEO reserves the right, in its sole discretion, to change the Terms under which https://www.mymseo.org is offered. The most current version of the Terms will supersede all previous versions. MSEO encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

MSEO welcomes your comments regarding the Terms:

Multiple Sclerosis Encouragement Organization

Email Address: Privacy@mymseo.org

Effective as of December 10, 2018