This World Wide Web site with its home page in the domain "ndss.org," "clubndss.org," "clubndss.com" and "buddywalk.org," (the "Web site") is a complimentary information and interactive community service offered by the National Down Syndrome Society ("NDSS") at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. NDSS reserves the right to change these terms and conditions at any time, without notice to you, and you must consult the most recent version of this User Agreement (not an older cached version) each time you view the Web site. Use of this Web site constitutes your acceptance of all of the following terms and conditions, in their current form or as modified.

Description of Service

NDSS currently provides users access to an extensive amount of resources, including, but not limited to, health and medical content, online tools, personalization features, book/publication offerings and various communication tools (the "Service"). NDSS assumes no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by you.

Registered User Account, Password, and Security

As an option, users may register and create a personal account profile to provide more personalized information. Users are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under their account. NDSS does not retain liability or responsibility for such use.

General Practices Regarding Use and Storage

Users acknowledge that NDSS may establish general practices and limits concerning use of the NDSS Web site, including without limitation the maximum number of days that message board postings or other uploaded content is retained by the Web site. You acknowledge that NDSS has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the NDSS Web site servers. You acknowledge NDSS has the right to log off accounts that are inactive for an extended period of time. You further acknowledge that NDSS reserves the right to change these general practices at any time with or without notice.

Registered User Conduct

You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") publicly posted is the sole responsibility of the person from which such content originated. This means that you, and not NDSS, bear all risks and liabilities for all Content that you upload, post, transmit or otherwise make available via the service. You agree to not use the service to:

• upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. (Posting the same note more than once can be considered "spam" or "spamming");
• upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity, including, but not limited to, an NDSS official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
• intentionally or unintentionally violate any applicable local, state, national or international law;
• "stalk" or otherwise harass another; or
• harvest or otherwise collect or store personal data about other users.

You acknowledge that NDSS and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, edit or delete any Content that is available via the Service. NDSS and its designees shall have the right to remove any Content regardless of whether such communication(s) violate the User Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that NDSS may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NDSS, its users and the public.

User Submissions

By submitting communications or content to any part of this Site where such content would be viewable by the public (e.g. posting on a message board or other public communication), you agree that such submission is non-confidential for all purposes. Any submission to this Web site will be deemed and remain the property of NDSS. You grant -- or warrant that the owner of such content has expressly granted NDSS a royalty-free, perpetual, irrevocable, world-wide, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.

Modifications to the Service

NDSS reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that NDSS shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Termination

You agree that NDSS, in its sole discretion, may terminate your password, account (or any part thereof) or use of this Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if NDSS believes that you have violated or acted inconsistently with the letter or spirit of this user agreement. You agree that any termination of your access may be effected without prior notice, and acknowledge and agree that NDSS may immediately deactivate or delete your account and all related information and files in your account and/or bar further access to such files or the service. Further, you agree that NDSS shall not be liable to you or any third-party for any termination of your access to the Service.

Medical Disclaimer

You acknowledge that the information on the Web site is provided "as is" for general information only. It is not intended as medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs.

Disclaimer of Warranty

NDSS makes no warranties of any kind regarding this Web site, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.

Limitation of Liability

You agree that you will hold harmless NDSS and its officers, directors, employees and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Web site or the information contained in this Web site or other Web sites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Web site or another Web site to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory or that infringe upon your intellectual property rights. In no event will NDSS or the contributors of information to this Web site be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Endorsements

You acknowledge that the opinions and recommendations contained in this Web site are not necessarily those of the NDSS or endorsed by NDSS. NDSS may provide links on the Web site to other Web sites which are not under the control of NDSS. In general, any Web site which has an address (or URL) which does not contain "ndss.org," "clubndss.org," "clubndss.com" or "buddywalk.org," is such a Web site. These links are provided for convenience of reference only and are not intended as an endorsement by NDSS of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.

Usage of Content

Unless otherwise indicated, all information contained on this Web site, such as text, graphics, logos, button icons, images, audio clips is copyrighted by and proprietary to the National Down Syndrome Society, and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without NDSS's prior written consent, except that the user may make such temporary copies in a single computer's RAM and hard drive cache as are necessary to browse the Web site. The user may also make a single copy of the Content displayed on any page of the Web site to be used by the user for personal and noncommercial uses which do not harm the reputation of the NDSS, provided that the user does not remove any trademarks, copyright and any other notice contained in such content.

Trademarks

National Down Syndrome Society, the National Down Syndrome Society Logo Design, Buddy Walk and Buddy Walk Logo Design are registered service marks of the National Down Syndrome Society.

Jurisdiction

This Web site (excluding linked sites) is controlled by NDSS which is headquartered in the State of New York, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this Web site both you and NDSS agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Web site. You and the National Down Syndrome Society also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of New York County, New York and the United States District Court for the District of New York with respect to such matters. NDSS makes no representation that materials on the Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with local laws.

Linking Information

Hypertext Linking. The NDSS may grant the owner of an approved Web site permission to use a hyper-text link on his or her Web site, provided:

• any text-only link must clearly be marked "National Down Syndrome Society;"
• the link must "point" to the URL www.ndss.org, www.clubndss.org or buddywalk.org, and not to other pages within the Web site;
• the appearance, position and other aspects of either the link or the host Web site may not be such as to damage or dilute the goodwill associated with NDSS's name and trademarks;
• the appearance, position and other aspects of either the link or the host Web site may not create the false appearance that an entity other than NDSS is associated with or sponsored by NDSS;
• the link, when activated by a user, must display this Web site full-screen and not with a "frame" on the linked Web site; and
• NDSS reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement.
• NDSS is not responsible for the information or materials contained on the host Web site. Links to this Web site are provided for convenience of reference only and are not intended as an endorsement by NDSS of the organization or individual operating the host Web site or a warranty of any type regarding the host Web site or the information on the host Web site.