Terms of Group MembershipeiNetMN Community Facilitator edited this page · 1 revision
Environmental Illness Network Minnesota, along with its Environmental Illness Network Minnesota group on Groups.io, were established for well-intentioned reasons. However, the person facilitating this group is severely ill and is not likely to be as reliable as she would wish. If you would like to participate in the Environmental Illness Network Minnesota group (and any of its subgroups) on Groups.io, you must agree to do so at your own risk as explained in the Terms of Group Membership.
Terms of Group Membership
You are fully responsible for all activities that occur under your password or account, and are responsible for maintaining the confidentiality of your password.
EINM May Discontinue or Suspend the EINM Network or Terminate or Limit Your Use. EINM reserves the right at any time and from time to time to modify or discontinue or limit, temporarily or permanently, the EINM Network (or any part thereof) with or without notice. You agree that EINM (and any agents, directors, officers, site facilitators, community facilitators, website site administrators, funders and/or assigns/affiliates/partners) [collectively “EINMin”] shall not be liable to you or any third party for any such modification, limitation, suspension, or discontinuance. In addition, EINM reserves the right to terminate your access/membership to the group for any reason and in any way, and to take any other actions that EINM, in its sole discretion, believes to be in the interest of itself and of users of the group as a whole. You agree that EINM may remove and discard any content for any reason at any time in any way it chooses, and EINMin shall not be liable to you or any third-party for so doing. You also agree not to attempt to use the EINM Network after your access has been terminated.
EINM does not provide Medical Advice. The content found on the EINM Network, regardless of its source (including, but not limited to, content from any site facilitators, community facilitators, administrators, moderators, members, and third party sources like RSS feeds, embeds, links, and applications) [“Content”] is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your own physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the EINM Network. If you think you may have a medical emergency, call your doctor or 911 immediately. EINM does not recommend or endorse any specific tests, physicians, health-related service providers, any other kind of service providers, products, procedures, opinions, or other information that may be mentioned on the EINM Network. EINM is not a health or wellness provider. Reliance on any Content found on or through the EINM Network is solely at your own risk.
The use of the EINM Network for the exchange, sale or giveaway of items that require a prescription from a licensed practitioner (such as a doctor, dentist, ophthalmologist or optometrist) is strictly prohibited.
You should be aware that if you share any health related information via the EINM Network, you do so at your own risk. Furthermore, the sharing via the EINM Network of any health related information concerning any person for whom you do not have legal authority to receive, possess, and disclose health related information is strictly prohibited. If you post or transmit health-related information on or through the EINM Network you will be placing it in the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. You also acknowledge that if you submit information about a health care or wellness provider, they may submit private or confidential information about you in response. EINMin does not have any legal obligation to keep the health information that you provide through the EINM Network confidential. Such information may be used for purposes that are unintended by you or EINMin.
EINMin is Not Responsible for Third Party Content and Services. The EINM Network may contain third party embeds (including, but not limited to, applications, widgets, RSS feeds), other third party content (including, but not limited to, blog posts, tweets, videos, infographics, and book excerpts), and links (and access to bookmarks to links) to third party websites or resources (including service providers). You acknowledge that EINMin does not undertake or assume any duty to monitor the EINM Network (including any third party content and services found/accessed therein or there through) for inappropriate or unlawful third party content. EINMin does not control third party sites and resources (including service providers). EINMin does not endorse and is not responsible or liable for any content, services, advice, opinions, advertising, products or materials on or available from such third parties (including health related service providers). You access such third party content and services (including health related services) at your own risk. You should review any terms and conditions and privacy policies prior to using any third party embeds or navigating to third party sites. Notwithstanding the foregoing, EINM reserves the right to block or remove or refuse communications, postings or materials at any time in its sole discretion.
Proprietary Rights for User Content and Contributions. EINM does not claim ownership of any audio, text, or video/image materials in any way uploaded to or made available on EINM’s Network by you including without limitation: text, logos, artwork, graphics, pictures, sound and other intellectual property contained in such materials (collectively, “User Content,” a subset of Content). EINMin has no obligation (and undertakes no responsibility or liability for any obligation) to review, monitor or oversee any User Content submitted, uploaded, distributed or retrieved in connection with the use of the EINM Network. You acknowledge that EINM Network is simply acting as a passive conduit for your online distribution and publication of your User Content. You, and not EINMin, are entirely responsible for all User Content that you upload, post, message, transmit or otherwise make available via the EINM Network. EINMin does not control the User Content posted via the EINM Network and does not guarantee the accuracy, integrity or quality of such User Content.
By using the EINM Network, you grant EINM an irrevocable, perpetual, non-exclusive, royalty-free, sublicensable, transferable and worldwide license to use, distribute, modify, adapt, store, publicly perform, publicly display, reproduce, host, cache, reformat, translate, repurpose, publish, republish and encode User Content uploaded or otherwise made available by you for any purpose and in any medium now known or hereafter invented. You also grant EINM all rights necessary to protect the license.
You may choose to provide EINM solicited or unsolicited feedback, ideas, documents, web site design help, suggestions, or other information or help [“Contributions”]. By choosing to provide Contributions to EINM, you grant EINM a royalty-free, irrevocable, worldwide right to use such Contributions for any purpose (e.g. improving the EINM Network). You also agree that Contributions do not violate the rights of any third-party nor do they contain confidential or proprietary information. You agree that your Contributions are provided voluntarily, and do not entitle you to any form of compensation or reimbursement.
EINMin is Not Responsible for Its Users’ Actions. Your interactions with other users or third parties found on or through the EINM Network, including payment and delivery for goods/real estate/services, and any other terms, conditions, warranties or representations associated with such or other dealings, are solely between you and such individuals/organizations. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction or interaction with any party. You agree that EINMin shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between users, or between users and any third party, you understand and agree that EINMin is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release EINMin from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the EINM Network.
EINMin is Not Your Fiduciary. You agree that EINMin has no fiduciary duty to you.
EINMin is Not Responsible for Groups.io. EINM merely uses Groups.io as a platform for its group (and subgroups). EINMin is not responsible for Groups.io’s policies, practices, and relations with you. EINMin is similarly not responsible for any of the other social media service providers through which it may have accounts or offer access.
You Will Be Responsible for Any Harm EINMin Suffers as a Result of Your Violation of These Terms of Group Membership or Any Breach by You of Your Representations and Warranties. You represent and warrant that you have full authority to enter into and accept these Terms of Group Membership and grant the rights and licenses contained herein. You agree to indemnify and hold harmless EINMin from and against all claims, losses, liabilities, expenses, damages, demands and costs, including reasonable attorneys’ fees and litigation/arbitration/mediation expenses, resulting from any of your User Content, your use of the EINM Network, any violation by you of these Terms of Group Membership or any breach by you of your representations and warranties herein, or your violation of any rights of another. EINMin reserves the right to take over the exclusive defense of any claim for which EINMin is entitled to indemnification under this section. In such event, you shall provide EINMin with such cooperation as is reasonably requested by EINMin. Additionally, EINMin may seek any and all other remedies available from you, including (a) seeking injunctive relief to enjoin any breach or failure to comply with any of the terms and conditions of this agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms or conditions of this agreement.
Disclaimer of Warranties. YOU AGREE THAT USE OF THE EINM NETWORK IS ENTIRELY AT YOUR OWN RISK. THE EINM NETWORK IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE EINM NETWORK INCLUDES FACTS, VIEWS, OPINIONS AND RECOMMENDATIONS OF/FROM MEMBERS AND INDIVIDUALS AND ORGANIZATIONS DEEMED OF INTEREST, AND EINMin DOES NOT ENDORSE THESE VIEWS, OPINIONS AND RECOMMENDATIONS. EINMin WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE EINM NETWORK AND CONTENT. IN NO EVENT WILL EINMin BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE EINM NETWORK AND CONTENT. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXENT PERMITTED BY LAW, EINMin DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS, AND PERFORMANCE OF THE EINM NETWORK AND CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, EINMin DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS OR REAL ESTATE OR INFORMATION RECEIVED OR FOUND OR DOWNLOADED THROUGH THE EINM NETWORK, OR OTHERWISE ACCESSED THROUGH ANY LINKS OR APPLICATIONS OR OTHER EMBEDS ON THE EINM NETWORK. TO THE FULLEST EXTENT PERMITTED BY LAW, EINMin DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPENENTS IN CONNECTION WITH THE EINM NETWORK. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
EINMin’s Liability to You is Limited. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EINMin IS NOT LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, PERSONAL INJURY OR WRONGFUL DEALTH) ARISING OUT OF THESE TERMS OF GROUP MEMBERSHIP, THE EINM NETWORK, OR CONTENT (INCLUDING, WITHOUT LIMITATION, DAMAGES CAUSED BY ERRORS, OMISSIONS, INTERRUPTIONS, INACCURACIES, OR BREACH OF ANY WARRANTY OR TERM OF THIS AGREEMENT); EVEN IF EINMin HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES, PRODUCTS, INFORMATION, OR ADVICE RECEIVED THROUGH OR FOUND ON THE EINM NETWORK, OR ANY THIRD PARTY LINKS OR APPLICATIONS OR OTHER EMBEDS OR BOOKMARKS TO LINKS; OR BY REASON OF ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANYONE OR ANY ENTITY YOUR FOUND ON OR THROUGH THE EINM NETWORK. If you are dissatisfied with the EINM Network, your sole and exclusive remedy is to discontinue use of the EINM Network.
Any Dispute Between You and EINMin Will be Governed by Minnesota Law: To the maximum extent permitted by law, this agreement is governed by the laws of the State of Minnesota and you hereby consent to the exclusive jurisdiction and venue of courts in Minnesota, U.S.A. in all disputes arising out of or relating to the use of the EINM Network. Use of the EINM Network is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Group Membership.
The section titles in this agreement are for convenience only and have no legal or contractual effect. This agreement operates to the fullest extent permissible by law. If any provision of this agreement is deemed unlawful, void or unenforceable by a court of competent jurisdiction, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions. Moreover, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in any severed provision to the greatest extent possible.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the EINM Network or the Terms of Group Membership must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
In addition to all of the above terms, you also agree to be bound by the Groups.io Terms of Service.