TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS ON YOUR RIGHT TO USE ANY INFORMATION AND DATA FOUND ON THE WEBSITE STRONG AGREED TO PENALTIES INCLUDING LIQUIDATED DAMAGES FOR THE VIOLATION AND/OR THE ABUSE OF THESE LIMITATIONS AND EXCLUSIONS A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

The Terms and Conditions of Service include our Privacy Policy which is incorporated herein by reference.

YOU WILL NOT BE ABLE TO ACCESS THE CONTENT ON THE WEBSITE UNTIL YOU CONFIRM YOUR AGREEMENT TO ALL TERMS AND CONDITIONS (INCLUDING OUR PRIVACY POLICY) BY CHECKING THE SIGNATURE BOX THAT APPEARS AT THE END OF THIS DOCUMENT.

YOU AGREE THAT YOUR ACCEPTANCE OF THIS VERSION OF THIS AGREEMENT AND ALL OTHER AGREEMENTS INCORPORATED BY REFERENCE APPLY RETROACTIVELY TO YOUR USE OF NORD’S SITE AND THE SERVICE PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT.

IF YOU RESIDE IN THE UNITED STATES PLEASE NOTE: SECTION 25 OF THESE TERMS OF CONDITIONS CONTAINS A CLAUSE IN WHICH YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT AND REQUIRING THE ARBITRATION OF ALL DISPUTES AS WELL AS A CLASS ACTION WAIVER. PLEASE READ SECTION 25 CAREFULLY. THIS WAIVER OF RIGHTS AND THE ARBITRATION REQUIREMENT WILL CONTROL HOW DISPUTES WILL BE RESOLVED. BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. IF YOU DO NOT AGREE TO COMPLY FULLY WITH ALL OF THE TERMS SET FORTH HEREIN YOU SHOULD DISCONNECT IMMEDIATELY AND YOU MAY NOT ACCESS OR UTILIZE THIS WEBSITE OR ANY OF THE CONTENT PRESENTED HEREIN.

The services available through this website are provided by NORD. Throughout the NORD Website the terms “You” and “Your” refer to the user of the NORD Website that is acknowledging and agreeing to the terms hereof and the terms “We” “Us” and “Our” refer to NORD.

Any new features or content which are added to the current NORD Website shall also be subject to the Terms of Conditions. You can review the most current version of the Terms of Conditions at any time on this page. We reserve the right to update change or replace any part of these Terms of Conditions by posting updates and/or changes to the NORD Website. It is Your responsibility to check this page periodically for changes. Your continued use of or access to the NORD Website following the posting of any changes constitutes acceptance of all these Terms and Conditions including all those changes.

A breach or violation of any of the Terms will result in an immediate termination of Your right to access and/or to utilize the NORD Website and all the information and data contained herein. In the event of a termination of Your service all amounts paid to that date shall be forfeited and non-refundable.

SECTION 1 – AGE RESTRICTION

By using the NORD Website and/or the NORD Services You represent warrant and certify to us that You are at least 13 years of age. If You are between 13 and 18 You must review this agreement with Your parent(s) or guardian(s) and they must agree on Your behalf.

SECTION 2 – GENERAL CONDITIONS

NORD reserves all rights in and to the NORD Website that are not expressly granted to You in these terms. Unless otherwise indicated the NORD Website is Our exclusive proprietary property and all source code databases functionality software the NORD Website designs audio video text photographs illustrations and graphics on the NORD Website and the trademarks service marks logos and other intellectual property contained therein are owned or controlled by us or licensed to us (“Intellectual Property”). We reserve and retain all rights of intellectual property in the NORD Website. All data material media including images videos documents and audio are protected under copyright or are being used by us within acceptable use policies. Your access to and/or use of the Intellectual Property in whole or in part does not limit Our exclusive rights thereto or create a grant of rights to You or to any other person or entity.

You must only use the information and material provided on the NORD Website site for Your personal and non-commercial use.

Under no circumstance may you: (1) download, scrape, copy in whole or part any aspect of the NORD Website or any content (2) modify or adapt works of the NORD Website (3) distribute, lend, copy, sell, rent, publish or transfer any content, features or functionality of the NORD Website (4) decompile, reverse engineer, disassemble, or attempt to gain access to the source code of the NORD Website in any way (5) alter, obscure, or remove any intellectual property, proprietary rights notice, copyright and/or trademark symbols or other trademarks from the NORD Website (6) make the application available over a network or other environment permitting access or use by multiple users at the same time; (7) use any information contained on the NORD Website for creating a product, service, or software that is directly or indirectly competitive with or in any way a substitute for the application; (9) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; or (10) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

You may not use the NORD Website for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws).

By posting any material on the NORD Website or allowing NORD to do so, You hereby grant to Us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

You agree that You are solely responsible to comply with any additional laws or requirements in Your state or territory.

You must not transmit any worms or viruses or any code of a destructive nature.

SECTION 3 – SPECIFIC ADDITIONAL AGREEMENTS REGARDING Intellectual Property Ownership and Rights Notices

The NORD Website and the NORD Services are protected by copyright, trademark, and other and related laws of the United States and foreign countries. You acknowledge and agree that the NORD Website and the NORD Services, including all associated intellectual property rights, are the exclusive property of NORD and its licensors. You shall not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the NORD Website and the NORD Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of NORD used on or in connection with the NORD Website and the NORD Services are trademarks or registered trademarks of NORD in the United States and abroad. Third party trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with the NORD Website and the NORD Services are used for identification purposes only and are or may be the property of their respective owners.

SECTION 4 – NORD Content and Member Content License

NORD grants You a limited, non-exclusive, non-transferable license to access and view any content on the NORD Website solely for Your personal and non-commercial purposes. No other rights are granted. You shall not use, copy, adapt, modify, prepare derivative works based upon, the NORD Website content, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the NORD Website and the NORD Services, except as expressly permitted in these Terms and Conditions.

SECTION 5 – USER Content

We may, in Our sole discretion, permit You to post, upload, publish, submit or transmit content on the NORD Website (“User Content”). You hereby grant to NORD a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of, or to promote or market the NORD Website or Services.

Notwithstanding the previous, You acknowledge and agree that You are solely responsible for all User Content that You make available through the NORD Website or Services or through NORD promotional campaigns. Accordingly, You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content that You make available
through the NORD Website or Services or through NORD promotional campaigns, or that You have all rights, licenses, consents, and releases that are necessary to grant to NORD the rights in such User Content as contemplated under these Terms and Conditions; and (ii) neither the User Content nor Your posting, uploading, publication, submission or transmittal of the User Content or NORD’s use of the User Content (or any portion thereof) on, through, or by means of the NORD Website or the NORD Services or NORD promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

SECTION 6 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for Our products are subject to change without notice.

You agree to pay all applicable taxes incurred by You or anyone using Your account when making a payment on the NORD Website.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We may at any time regulate, modify, or eliminate purchases with or without notice. NORD shall have no liability to You or any third party if NORD exercises these rights.

We shall not be liable to You or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 7 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the NORD Website that contains typographical errors, inaccuracies or omissions that may or may not relate to product descriptions, pricing, promotions, and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related the NORD Website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related the NORD Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related NORD Website should be taken to indicate that all information in the Service or on any related NORD Website has been modified or updated.

SECTION 8 – COMPLETENESS OF INFORMATION

We are not responsible if information made available on the NORD Website is not accurate, complete or current. To the best of Our knowledge, the material on the NORD Website is accurate. However, the material on the NORD Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the NORD Website is at Your own risk.

The Site may contain certain historical information. Historical information necessarily is not current and is provided for Your reference only. We reserve the right to modify the contents of the NORD Website at any time but We have no obligation to update any information on the NORD Website. You agree that it is Your responsibility to monitor changes to the NORD Website.

SECTION 9 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant that the results that may be obtained from the use of the NORD WEBSITE will be accurate or reliable. IN ADDITION, NORD MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, AND/OR CONTENT WILL FACILITATE OR ENABLE THE USER TO FULLY OR PROPERLY ADDRESS ANY HEALTH OR OTHER ISSUE OR CONCERN.

THE EXCLUSIVE PURPOSE OF THE NORD WEBSITE IS TO PROVIDE THE USER WITH ACCESS TO INFORMATION AND OTHER RESOURCES THAT NORD BELIEVES MAY BE OF VALUE TO THE USER.

THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, AND REFERRAL PROGRAM ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NORD EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALINGS OR USAGE OF TRADE. NORD MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NORD OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

By accessing and/or utilizing the NORD Website and/or the NORD Services and/or by registering an account, you fully release NORD from all liability arising from, but not limited to, property damage, death, personal injury, personal loss, and other circumstances resulting from ANY CAUSE AS WELL AS ANY AND ALL ERRORS in ANY DATA OR INFORMATION AVAILABLE THROUGH THE NORD WEBSITE.

In no case shall NORD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any HEALTH-RELATED ISSUE, injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of the NORD Website or any service or products procured using the service, or for any other claim related in any way to Your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. notwithstanding and without limiting the scope or effect of the previous, in no event shall NORD’s total liability to you exceed the return of amounts actually received by NORD from you for the relevant service(s). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for incidental or consequential damages, in such states or jurisdictions, this provision shall be modified to limit our liability to the maximum extent permitted by law.

SECTION 10 – Release

In addition to the above, You specifically and expressly release NORD, its respective officers, directors, employees, agents, successors and assigns, from all liability, direct and indirect, related to any and all claims and demands You may assert against any third party arising out of Your use of the NORD Website and the NORD Services. If You are a California resident, You expressly agree to waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

SECTION 11 – User Conduct

All users of the NORD Website shall be responsible for complying with all Terms and Conditions set forth herein, as well as all applicable laws, rules, and regulations. All unlawful uses of the NORD Website and uses of the NORD Website in a manner to stalk, harass, defame, disparage, threaten, or otherwise violate any third party right, including any intellectual property right of NORD or any third party, are hereby prohibited. NORD will investigate and prosecute violations of any of the above to the fullest extent of the law.

NORD may monitor Your use of the NORD Website, access, preserve, and disclose any of Your information if We are required to do so by law or if We believe in good faith that it is reasonably necessary to (i) respond to claims asserted against NORD or to comply with legal process (for example, subpoenas or warrants); (ii) to prevent fraud; (iii) to undertake necessary customer support; or (iv) to protect the rights, property, or safety of NORD, its users, or members of the public.

SECTION 12 – AVAILABILITY OF THE SERVICE

We cannot guarantee the NORD Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the NORD Website, resulting in interruptions, delays, or errors. We do not guarantee, represent, or warrant that Your use of Our service will be uninterrupted, timely, secure, or error-free.

You agree that from time to time We may remove the service for indefinite periods of time or cancel the service at any time without notice to You.

You expressly agree that Your use of, or inability to use, the service is at Your sole risk. The service and all products and services delivered to You through the service are (except as expressly stated by us) provided ‘As Is’ and ‘As Available’ for Your use, without any representation, warranties or conditions of any kind, either express or implied.

SECTION 13 – PRIVACY POLICY

We care about data privacy and security. Please review Our Privacy Policy at www.rarediseases.org/privacy. By using the NORD Website, You agree to be bound by Our Privacy Policy, which is incorporated into these Terms of Use.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NORD and Our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of these Terms of Service or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party, including without limitation infringement of intellectual and proprietary property.

SECTION 15 – ADVERTISEMENTS AND THIRD-PARTY LINKS

When You use the NORD Website, ads may be displayed. These ads are subject to change. You agree by using the NORD Website that NORD and its third-party providers and partners may place advertisements on the NORD Website. The NORD Website may contain links to third-party advertisers, services, or other events or activities not controlled by the NORD Website. We do not endorse or assume responsibility for any third-party sites, services, information, materials, or products. You expressly acknowledge and agree that NORD shall not be directly or indirectly held responsible or liable for any loss or damage from Your use of such third-party site, service, information, material, or product.

SECTION 16 – PURCHASES AND SUBSCRIPTIONS

The specific terms and conditions associated with any product or service sold through the NORD Website shall be as stated in the associated documentation. All prices are subject to change without prior notification. Promotion prices and limited-time opportunities may be available for qualifying purchases made during the promotional period. We are unable to offer price protection, refunds, or retroactive discounts for previous purchases if We offer a promotional offering or price reduction.

SECTION 17 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 – TERMINATION

The obligations that You undertake by accessing the NORD Website shall survive the termination of Your use and access to the NORD Website.

If in Our sole judgment You fail, or We suspect that You have failed, to comply with any term or provision of these Terms of Service, We also may terminate this agreement and block Your access to the NORD Website at any time without notice or liability to You of any kind or amount; provided, however, that and You will remain liable for all obligations You undertake prior to such termination and all consequences that arise as a result of Your use during the terms of use and/or thereafter.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right at Our sole discretion to update, change, or replace any part of these Terms of Service by posting updates and changes to the NORD Website. It is Your responsibility to check the NORD Website periodically for changes. Your continued use of or access to Our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – Links

The NORD Website and Services may contain links to other third-party websites or resources. The availability of such links does not imply an endorsement by NORD of such websites or resources or a representation of any kind that the content, products, or services available from such the websites or resources or the persons or entities providing them is reputable or that it/they should be trusted or utilized. You alone assume and accept all risk arising from Your use of any such the websites or resources or the content, products, or services and You waive all claims against NORD regarding Your linking to or use of such third-party the NORD Websites.

SECTION 21 – Contacting NORD

Questions about the Terms of Service should be sent to us at [email protected]. You may contact NORD about other matters by emailing us through the “Contact” section of the NORD Website. You acknowledge and agree that all content of all contacts is and will be the sole and exclusive property of NORD and You hereby irrevocably assign to NORD all Your right, title and interest in and to all content of all contacts, including without limitation all worldwide intellectual property rights therein.

SECTION 22 – Assignment

You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without NORD’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, shall be null and void and of no effect. NORD may assign or transfer these Terms and Conditions, including any right or obligation held or assumed hereunder, to any third party of its choosing at its sole discretion without notice to You and without restriction of any kind.

SECTION 23 – Successors and Assigns

Subject to the foregoing limitations on assignment, these Terms and Conditions will bind and inure to the benefit of the parties, their successors, and permitted assigns.

SECTION 24 – Notices

Any notices or other communications permitted or required hereunder, regarding modifications to these Terms and Conditions, shall be provided by posting to the Terms and Conditions section of the NORD Website, and they shall be effective upon such posting.

SECTION 25 – Controlling Law and Jurisdiction

ALTERNATIVE ONE: These Terms and Your use of the NORD Services will be interpreted in accordance with the laws of Commonwealth of Massachusetts, without regard to its conflict-of-law provisions, and as applicable, the laws of the United States of America. Exclusive jurisdiction to hear any claim or dispute arising hereunder shall reside in the state and federal courts physically located in the Commonwealth of Massachusetts, and You expressly waive all objections to such jurisdiction, regardless of Your location, or the location at the time of use. You acknowledge and agree that by using the NORD Website, You are waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding.

ALTERNATIVE TWO: Any dispute arising out of or relating to these Terms or Conditions, or the NORD Services or use of the NORD Website or Services, shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association and the Federal Arbitration Act. The venue for such arbitration shall be at an office of the American Arbitration Association in the Commonwealth of Massachusetts selected by NORD. You acknowledge and agree that You and NORD are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding, and that the arbitrator may not consolidate more than one person’s claims into a class or representative proceeding.

SECTION 26 – EQUITABLE RELIEF

NORD shall have the right to seek injunctive or other forms of equitable relief to prevent the breach or threatened breach of the terms hereof, as well as to prevent threats of imminent danger or harm to any NORD employee or agent or the NORD Website, actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You agree that NORD may seek and obtain such injunctive and/or other equitable relief on an ex parte basis and without the need to post a bond in the state and federal courts located in the State of Connecticut.

SECTION 27 – No Third-Party Beneficiaries

These Terms and Conditions do not and are not intended to and do not create any third-party beneficiaries or to confer any rights or remedies upon any person other than the NORD and You.

SECTION 28 – Remedies

NORD’s remedies are cumulative and assertion by NORD of any right or remedy does not preclude the assertion by NORD of any other rights or the seeking of any other remedies.

SECTION 29 – Paragraph Headings

Paragraph headings are for convenience of reference only and shall not affect the interpretation of any of the provisions of these Terms and Conditions.

SECTION 30 – Entire Agreement

Except as they may be supplemented by a document referenced and incorporated herein or by additional NORD policies, guidelines, standards, or terms for a specific product, feature, service, or offering, these Terms constitute the entire and exclusive understanding and agreement between NORD and You regarding the NORD Website, Application, Services made via the NORD Website, Application, and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between NORD and You regarding the NORD Website, Application, Services, and Collective Content (excluding Payment Services).

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