Terms of Use

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Legal Notice, Disclaimer, and Terms of Use

Access to and use of this World Wide Web site (“The American Lung Association Website”) is provided subject to these terms and conditions. PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

Use of Material On the American Lung Association Website

The information, artwork, text, video, audio, or pictures (collectively, “Materials”) contained on the American Lung Association Website are protected by copyright laws. Some images (information available upon request) are copyright © 1997 PhotoDisc, Inc. You may only access and use the Materials for personal or educational purposes. You may not modify or use the Materials for any other purpose without the American Lung Association’s express written consent. Except as provided below, you may not reproduce, republish, post, transmit or distribute any Materials on the American Lung Association Website.

You may print Materials on the American Lung Association Website for personal or educational purposes only, and you must include any copyright notice originally included with the Materials in all copies.

Any computer software downloadable or otherwise available from the American Lung Association Website is licensed subject to the terms of the applicable license agreement.

The Materials included on the American Lung Association Website have been compiled by American Lung Association from a variety of sources, and are subject to change without notice.

All media files on the American Lung Association Website are protected by copyright laws. You may not, under any circumstances, reproduce, record, publish, publicly exhibit, or distribute any media files made available on the American Lung Association Website without the American Lung Association’s express written consent. Permission to photocopy or otherwise reproduce material should be directed to webmaster@lung.org. You should not attempt to pass off any of the American Lung Association’s content as your own work.

Medical Disclaimer

The information and advice contained in or made available through the American Lung Association Website (including, but not limited to, message boards, text files, chat rooms, or auditoriums) is not intended to replace the services of a trained health professional or to be a substitute for medical advice of physicians. The user should consult a physician in all matters relating to his or her health, and particularly in respect to any symptoms that may require diagnosis or medical attention. The American Lung Association makes no representations or warranties with respect to any information offered or provided within or through the American Lung Association Website regarding treatment, action, or application of medication. Neither the American Lung Association, or any of its Affiliates will be liable for any direct, indirect, consequential, special, exemplary, or other damages arising therefrom.

Online Community

The American Lung Association’s Online Community is a non-commercial site which might provide health information but should not be considered medical advice. The primary objective of the Online Community is to facilitate an environment for individuals to connect with others, share their experiences, and learn from others about topics related to American Lung Association’s mission.

Access to the American Lung Association’s Online Community and Message Boards is reserved for individuals who have registered for the Community and who have accepted the Terms of Use agreement. All participants must 18 years or older to join.

No use of the message boards or other Community functions beyond the intended purpose, including distribution of medical advice or solicitation of activities, is permitted. Inappropriate or offensive posts will not be tolerated. Any inflammatory post reported to the American Lung Association will be reviewed and possibly censored. Users who violate this policy may have their Online Community accounts suspended or canceled, at American Lung’s sole discretion.

Sites Linked From the American Lung Association Website

The sites linked from the American Lung Association Website are not under American Lung Association’s control, and the American Lung Association does not assume any responsibility or liability for any communications or materials available at such linked sites. American Lung Association does not intend links on the American Lung Association Website to be referrals or endorsements of the linked entities, and are provided for convenience only.

Disclaimer of Warranty

The services, information or data (collectively, “Information”) made available at the American Lung Association Website are provided “AS IS,” without warranties of any kind. The American Lung Association expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. The American Lung Association shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your computer hardware, data, information, Materials and business resulting from the Information or the lack of information available on the American Lung Association Website. American Lung Association shall have no liability for:

  1. any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information;
  2. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
  3. any decision made or action taken or not taken in reliance upon the Information.

The American Lung Association makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. The American Lung Association makes no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected.

Endorsements

The American Lung Association does not endorse any specific commercial product mentioned on the American Lung Association Website or any commercial products linked to by this Website.

Licenses and Idea Submissions

You agree to grant to the American Lung Association Website a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the American Lung Association Website (such as BBSs and the ALA Post Office (Ask ALA)) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against the American Lung Association Website for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

Limitation of Liability

Under no circumstances shall the American Lung Association be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use of the Internet generally.

Other

For purposes of this disclaimer notice, American Lung Association shall include the American Lung Association and its Affiliates, and their employees, and any third-party providers or sources of information or data.

Copyright and Trademark Notices

Copyright © American Lung Association® and/or its licensors, 2002, all rights reserved. The American Lung Association, the American Lung Association® logo, the Christmas Seals®, the Christmas Seal People® and the Christmas Seal Campaign® are registered trademarks of the American Lung Association®.