Website Terms and Conditions

Effective November 11th 2024

https://indianalymeconnect.org (this “Site”) is owned and operated by Indiana Lyme Connect Association, Inc., (“ILC,” “we,” “our” or “us”). ILC is an Indiana nonprofit corporation that supports individuals with Lyme Disease and related tick-borne infections, educates the greater Indiana community about this often devastating illness, and prepares healthcare professionals to combat this public health crisis.

I. Your Consent to These Terms and Conditions

Your use of this Site is subject to these Terms and Conditions (“Terms and Conditions”). By accessing or using this Site, you are agreeing to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use this Site.

II. Changes to These Terms and Conditions

As we add new features and functionality to this Site, we may need to update or revise these Terms and Conditions. We reserve the right to do so, at any time and without prior notice, by posting the revised version on this Site. These changes will be effective as of the date we post the revised version on this Site. By accessing or using this Site following any such change, you are agreeing to be bound by the revised Terms and Conditions. For this reason, it is important for you to review our Terms and Conditions on a regular basis.

You may view or print the current version of these Terms and Conditions at any time by clicking on the link marked “Terms and Conditions” at the bottom of each page of this Site.

III. Copyright Compliance

ILC respects the intellectual property rights of others. Its policy is to respond to any claim that Content posted on the Site infringes on the copyright or other intellectual property rights (“infringement”) of any person or entity.

If a copyright owner or a person or entity authorized on behalf of one, believes that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit such a claim via email to ilc@indianalymeconnect.org with the subject line “Copyright Infringement” and include in the claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”

Such claimants may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Site on a copyright.

IV. DMCA Notice and Procedure for Copyright Infringement Claims

Claimants may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing ILC with the following information in writing (See 17 U.S.C Section 512(c)(3) for further detail):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
• a description of the copyrighted work that the owner claims has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• identification of the URL or other specific location on the Site where the material claimed as is infringing is located;
• owner or representative’s address, telephone number, and email address;
• a statement by the claimant that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by the claimant, made under penalty of perjury, that the above information in their notice is accurate and that they are the copyright owner or authorized to act on the copyright owner’s behalf.

V. Our Site Privacy Policy

Our Site Privacy Policy (“Privacy Policy”) describes how we protect your personal information when you use this Site. Our Online Privacy Policy is part of and is incorporated into these Terms and Conditions. You may view or print the current version of our Privacy Policy at any time by clicking on the link marked “Privacy Policy” at the bottom of each page of this Site.

VI. Ownership of Site and Content

As used in these Terms and Conditions, the term “Content” means all of the software and code that comprise and operate this Site, and all of the text, photographs, images, illustrations, data, graphics, designs, audio, video and audio-video clips, and other materials provided through this Site. ILC and its licensors own all rights, title, and interest in the Content, including all copyrights. In addition, the entire Content of this Site is protected as a compilation under U.S. and international copyright laws and treaties, and ILC owns the copyright in the compilation, including the collection, assembly, selection, coordination, and arrangement of the Content of this Site.

We hereby grant you a limited, revocable license to download and print copies of any portion of the Content of this Site to which you have properly gained access, but only on behalf of your company, if you are accessing this Site on behalf of your company, or for your own personal, non-commercial use, and only if you do not remove, modify, or obscure any copyright, trademark, or other proprietary notices. The foregoing license is subject to these Terms and Conditions and does not include the right to use any data mining, robots, or similar data gathering or extraction methods nor the right to “harvest” email addresses. This license is revocable at any time without notice and with or without cause. You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit, or use any part of the Content on this Site except as expressly provided in these Terms and Conditions without our prior written permission. Nothing in these Terms and Conditions shall be construed as transferring any right, title, or interest in this Site or its Content to you or

anyone else, except the limited license to use this Site and its Content on the terms expressly set forth herein.

VII. Third Party Content

Some of the information, articles, and other materials available through this Site may be provided to ILC by third parties. These third party materials are provided for your interest and convenience only. We do not endorse these materials nor the third parties who supply them to us, nor do we warrant or represent that these materials are current, accurate, complete, or reliable.

VIII. Trademarks

This Site contains registered and unregistered trademarks of ILC and third parties (“Trademarks”). You may not use any Trademarks displayed on this Site without our or the trademark owners’ (as appropriate) prior written permission.

IX. Data Collection and Use

This Site may collect data that is provided by users through use of the Site or through the provision of specific information to access certain parts of the Site or receive communications from ILC. This data is collected and stored only for the use of ILC and personal or identifying information will not be transmitted to or used by any third parties. More details on our data collection and use can be found in our Privacy Policy.

X. Shared Stories

This Site allows users to share and may contain shared stories from individuals who have been affected by Lyme Disease or other tick-borne illnesses. If you share information with us regarding your experiences with us, you agree that the information is yours to share, and is true and accurate. We will share your information and include your first name and last initial unless you request for such information to be anonymized before posting your story to the Site. By submitting your personal information and experience(s), you acknowledge that you do so willingly and waive your right to confidentiality unless you ask us to anonymize your information.

XI. Educational Resources

This Site contains educational resources for those affected by, suffering from, or seeking information about Lyme Disease or related tick-borne illnesses. The information you obtain from this Site is not, nor is it intended to be, medical advice of any kind, and it is not meant to replace the medical advice or assistance of your healthcare provider. The information on this Site is intended to be one possible resource to assist those in need, and we do not guarantee that the information is complete and accurate. If you or someone you know is suffering from Lyme

Disease or related illnesses or is in need of immediate assistance, please contact a healthcare provider.

XII. Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding this Site, including your ideas for new features and other ways that we can make this Site more useful to you (collectively, “Feedback”). Note, however, that any Feedback you provide to us through this Site will be owned exclusively by ILC. Your submission of Feedback will constitute an assignment to us of all right, title, and interest in your Feedback, including all worldwide copyrights and all other intellectual property rights in your Feedback. We will have the right to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve, and prepare derivative works based on any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

XIII. Your Obligations

If you wish to register on the Site or sign up for specific communications or programs, you may be required to provide certain personal information to us. You agree to (a) provide true, accurate, current and complete information about yourself as prompted in the applicable page, (b) maintain and promptly update your information to keep it true, accurate, current, and complete, and (c) the terms of our Privacy Policy.

You agree to use the Site in a manner consistent with any and all applicable laws, rules, and regulations. You agree not to upload or transmit to or through the Site any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer. Any unauthorized modification to, tampering with or change to any information, or any interference with the availability of or access to the Site is strictly prohibited. We reserve all rights and remedies available to us including reporting any breach to the relevant law enforcement authorities and co-operating with those authorities by disclosing your identity to them.

XIV. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (I) THIS SITE AND ALL OF THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND; AND (II) ILC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE AND THE CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THIS SITE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF

DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THIS SITE; (D) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE, OR CURRENT; AND (E) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

XV. LIMITATION OF LIABILITY

ILC IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER POSTINGS. UNDER NO CIRCUMSTANCES, SHALL ILC OR ITS PARTNERS, EMPLOYEES, AGENTS, VENDORS, LICENSORS, OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING, IN CONNECTION WITH ANY CONTENT, PRODUCTS, OR SERVICES RELATED TO OR PROVIDED THROUGH THIS SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME, OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ILC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ILC (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $10.00.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

XVI. Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend, or discontinue, temporarily or permanently, the Site (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of the Site. Any of the material (including the Content) on the Site may be out of date at any given time, and we are under no obligation to update such material.

XVII. Links to this Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

You must not establish a link to this Site from any website that is not owned by you.

This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms and Conditions.

XVIII. Links from this Site

This Site may contain links to websites operated by third parties. We do not control these sites and do not endorse or assume any responsibility or liability for the information, products, and services provided through these sites. Before you use any site operated by a third party, you should review the applicable terms of use and policies. If you access a third-party site through this Site, you do so at your own risk.

XIX. Waiver

Our failure at any time to require performance of any provision of these Terms and Conditions or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by an authorized representative of ILC. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms and Conditions or of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms and Conditions.

XIX. Severability

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms and Conditions shall remain in full force and effect.

XX. Governing Law, Jurisdiction and Venue

These Terms and Conditions shall be governed under the laws of the State of Indiana without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms and Conditions shall be venued exclusively in state or federal court in Indiana. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

XXI. Entire Agreement

These Terms and Conditions contain the entire understanding and agreement between you and us with respect to this Site (including the use of the Content) and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and us with respect to this Site. Nothing in these Terms and Conditions excludes or limits our liability for fraud or fraudulent misrepresentation which such a limitation would be unenforceable as a matter of law.