Terms of Use
This Terms of Use agreement ("Agreement") is between you and TypeOneNation.org
(“TypeOneNation.org”, “we”, “us” or “our”). Your rights and obligations under this Agreement and
in using the Site (“Site”) are not assignable. Your use and access of the Site constitutes your
acceptance, without modification, of the terms, conditions and notices contained herein. In
addition, when using particular TypeOneNation.org services, you shall be subject to any posted
guidelines, rules, and policies applicable to such services that may be posted from time to time.
All such guidelines, rules, and policies are hereby incorporated by reference into this Agreement.
By using the Site, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND
THAT YOU ACCEPT THE TERMS THEREOF. Please read the following terms carefully. If you do
not agree to the terms and conditions of this Agreement, you may not access, view, obtain goods
or services from, or otherwise use the Site.
You acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this
Web site under the supervision of a parent, legal guardian, or other responsible adult. Children
under the age of 13 are not allowed to visit or otherwise use the Site. You agree to the terms and
conditions of the TypeOneNation.org Privacy Policy (“Policy”), hereby incorporated by reference,
which details the ways in which we and other parties might use personal information that belongs
to you. In accordance with the Policy, we may use information and materials received from you or
collected through your use of the Site, and may disclose such information to third parties. Always
use caution when giving out any personally identifying information about yourself or your
children in using any Site service.
You are responsible for regularly reviewing this User Agreement. TypeOneNation.org reserves the
right, at its sole discretion, to change, modify, add, remove or terminate any portion of this
Agreement, in whole or in part, at any time, without prior notice. You acknowledge that you own
or otherwise control all of the rights to the content that you post; that the content is accurate; that
use of the content you supply does not violate this Agreement and will not cause injury to any
person or entity; and that you will indemnify TypeOneNation.org or its affiliates for all claims
resulting from content you supply.
Site Use
You shall not upload, email, post or transmit to, or distribute or otherwise publish through the
Site any material which: (i) disrupts the normal flow of dialogue and/or exchange on the Site,
including posting or otherwise transmitting material that is not related to the subject at issue or
otherwise restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, harassing, hateful,
embarrassing, pornographic, profane, sexually explicit, or indecent; (iii) constitutes or encourages
conduct that would constitute a criminal offense, potentially give rise to civil liability (including
claims of defamation and/or libel), or otherwise violate the local, state, or national laws of any
country; (iv) violates, plagiarizes, or infringes the rights of third parties including, without
limitation, copyright, trademark, patent, rights of privacy or publicity, trade secrets, or any other
proprietary right; (v) contains a virus, worm, Trojan horse, or other harmful component; (vi)
contains any information, software, or other material of a commercial nature; (vii) contains
solicitations or advertisements of any kind; (viii) constitutes or contains false or misleading
indication of origin or statement of fact; or (ix) contains chain letters or pyramid schemes.
You will not create or participate in any activity determined by TypeOneNation.org to have been
created for the purpose of exchanging or swapping images, music, or other protected intellectual
property.
We reserve the right to release information to the proper authorities, as a result of a violation of
this Agreement, our standards or unlawful acts. TypeOneNation.org has the right, but not the
obligation, to refuse service, terminate accounts, or remove or edit content, in its sole discretion.
By posting messages, creating or modifying a home page, chatting, uploading files, inputting data,
transmitting e-mail, or engaging in any other form of communication (individually or collectively
"Communications") to or through the Site, you hereby grant to TypeOneNation.org a perpetual,
worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license,
sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and
otherwise exploit such Communications throughout the world, in all media now known or
hereafter developed. You hereby waive all rights to any claim against TypeOneNation.org for any
alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral
rights, and rights of attribution in connection with such Communications.
You will be responsible for your own Communications and the consequences of posting or
otherwise transmitting those Communications. TypeOneNation.org does not represent or guarantee
the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by Site
users or endorse any opinions expressed by such users. TypeOneNation.org does not screen,
monitor or approve Communications from our Web site users in advance. If we receive
notification about a user regarding Communications which allegedly do not conform to this
Agreement, TypeOneNation.org has the right, but not the obligation, to investigate the allegations
and determine at its sole discretion whether to remove or request the removal of the
Communication. We have no liability or responsibility to users for performance or
nonperformance of such activities. TypeOneNation.org reserves the right to expel users and prevent
their further access to the Site for violating this Agreement or violating the law. We have the
right, but not the obligation, to remove Communications that are abusive, illegal, disrespectful,
disruptive, or otherwise problematic.
TypeOneNation.org may immediately, without prior notice, issue a warning, temporarily suspend,
indefinitely suspend, or terminate your use of and access to the Site, at our sole discretion, for any
reason, whether with or without cause or warning, and without liability. Your sole remedy against
TypeOneNation.org in the event of a dispute arising out of this Agreement, the Site or your use
thereof, is to terminate this Agreement by ceasing your use of the Site. In the event of termination
of this Agreement, TypeOneNation.org may delete and/or store, in its discretion, data associated
with your use of the Site. TypeOneNation.org may also change, suspend, or discontinue any aspect
of the Site at any time, including the availability of any Web site feature, database, or content.
Disclaimers
The Site contains information and press releases about us. While this information was believed
to be accurate as of the date prepared, we disclaim any liability arising from its accuracy and any
duty or obligation to update this information or any other content. Our Site may include
statements concerning our operations, prospects, strategies, financial condition, future economic
performance, and demand for our products or services, as well as our intentions, plans, and
objectives that are forward-looking statements. These statements are based upon a number of
assumptions and estimates that are subject to significant uncertainties, many of which are beyond
our control. When used on the Site, words like "anticipates," "expects," believes," "estimates,"
"seeks," "plans," "intends," and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors for forward-looking statements. The
Site and the information contained herein do not constitute an offer or a solicitation of an offer
for the sale of any securities. None of the information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of our securities-related filings or documents.
TypeOneNation.org makes no warranty, express or implied, with respect to the content,
information, or services provided through, or in conjunction with, the Site. We make no
guarantee of the accuracy, correctness or completeness of any information on the Site, and shall
not be responsible for: (i) any errors of omission arising from the use of such information; (ii) any
failures, delays or interruptions in the delivery of any content or service contained within the
Site; and (iii) any defamatory, libelous or unlawful material contained within the Site, including
user Web pages, resumes, emails, profiles, opinions, advice, statements, memorandums or
discussion board postings, or materials related to a users' use of the Site's chat features. You
acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or
information shall be at your sole risk. You acknowledge that neither TypeOneNation.org nor its
Web site members, while such members are participating in the Site, are engaged in rendering
legal, medical, counseling, or other professional services or advice. We encourage you to seek
appropriate professional advice for any situation or problem that you may have. TypeOneNation.org
has the right, but not the obligation, to correct any errors or omissions in any portion of the Site.
Gathering email addresses from TypeOneNation.org through harvesting or automated means is
prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional
materials, or any other forms of solicitation to other users is prohibited. Inquiries regarding a
commercial relationship with TypeOneNation.org should be directed to:
community@alliancehealth.com YOU AGREE THAT YOUR USE OF THE TypeOneNation.org WEB
SITE IS AT YOUR OWN RISK. THE TypeOneNation.org WEB SITE, INCLUDING ALL CONTENT,
SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND/OR INFORMATION MADE
AVAILABE OR DISCUSSED ON OR ACCESSED THROUGH THE TypeOneNation.org WEB SITE,
IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL
TypeOneNation.org, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OF THE TypeOneNation.org WEB SITE OR WITH THE DELAY OR INABILITY TO USE
SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY
BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THROUGH THE TypeOneNation.org WEB SITE OR ANY LINKED SITE, OR FOR
ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE
TypeOneNation.org WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF
TypeOneNation.org INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN
IF SUCH DAMAGES RESULT FROM TypeOneNation.org, INC'S NEGLIGENCE OR GROSS
NEGLIGENCE. FURTHER, TypeOneNation.org, INC. DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE TypeOneNation.org WEB SITE OR
ANY MATERIALS OR CONTENT CONTAINED OR AVAILABLE THEREIN WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
TypeOneNation.org WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, TypeOneNation.org, INC.'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT
PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THIS
SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH
DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THIS SITE OR THE
MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.
The links found on the Site will let you leave our Web site and go to sites operated by parties
other than TypeOneNation.org The linked sites are often not under the control of TypeOneNation.org
and we are not responsible for the contents of any linked site or any link contained in a linked site
that are not owned and operated by TypeOneNation.org or our parent company, or any changes or
updates to such sites. Such links by the Site to sites maintained by third parties do not constitute
an endorsement, guaranty, or warranty by TypeOneNation.org, or any of its affiliates, of any third
party or their content, nor the existence of a partnership, joint venture, agency, or other
relationship between TypeOneNation.org, or any of its affiliates, and any linked third party or their
content. TypeOneNation.org does not assume any responsibility or liability for the actions, product,
content and/or information of these and other third parties and/or their web sites. You should
carefully review their privacy statements and other conditions of use.
By offering a number of third party products and services, including advertisements, on the Site,
TypeOneNation.org makes no warranties or representations of any kind as to the content or
suitability of the subject matter of any web site, product or service from any such third party
business or individual. TypeOneNation.org expressly disclaims liability for direct, consequential, or
incidental damages arising from the products, services, advertisements, actions, or web site
content of these and any other third parties, and you waive any claims against TypeOneNation.org
for damages arising from such transactions or your reliance upon statements contained therein.
You will not consider TypeOneNation.org nor will TypeOneNation.org be construed as, a party to such
transactions, whether or not we may have received some form of revenue or other remuneration
in connection with the transaction. The merchants or other third parties operating such third
party sites are responsible for all aspects of order processing, fulfillment, billing, and customer
service. You agree that use of such merchants is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING
WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR
NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS TypeOneNation.org, INC. LIABLE FOR
ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS
FOUND ON THE TypeOneNation.org WEB SITE OR FOR ANY INFORMATION APPEARING ON
MERCHANT SITES OR ANY OTHER SITE LINKED FROM OR TO OUR SITE.
Statute of Limitations; Indemnification
Any cause of action you may have with respect to your use of the Site must be commenced within
one year after the claim or cause of action arises. If for any reason a court of competent
jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as to affect the intent of the
Agreement, and the remainder of this Agreement shall continue in full force and effect.
You shall defend or settle at your sole expense any claim or suit, including without limitation any
proceeding, investigation or claim by a self-regulatory organization, state or federal securities
agency or commission, (collectively, an "Action") against TypeOneNation.org and/or each of its
affiliates, directors, officers, agents, employees or sublicensees, (collectively, the "Indemnitee") to
the fullest extent permitted by law arising out of or in connection with (1) an assertion that the
information, content or other materials or services provided or made available by you or the use
thereof may infringe any copyright or trademark rights of any individual or entity, or are a
misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory,
disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under
this Agreement; and (3) any content provided by you in a chat room, message board, e-mail, or
home page (created or used by you) on the Site, or statements made by you in the Site or through
other media. You shall indemnify and hold harmless the Indemnitee from and against any and all
damages, costs, liabilities and attorneys' fees incurred in defending and/or resolving such Action.
Notices under this Agreement shall be sufficient only if in writing and transmitted via personal
delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or
charges prepaid, by certified or registered mail, return receipt requested, to TypeOneNation.org.
This Agreement and the Policy contain the entire agreement between you and TypeOneNation.org
with respect to the Site. It supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and TypeOneNation.org with
respect to the Site. Any rights not expressly granted herein are reserved.
Copyright and Other Intellectual Property
The Site and all content, organization, graphics, design, compilation, magnetic translation, digital
conversion, and other matters related to the Site are protected under applicable copyrights,
trademarks, and other proprietary (including but not limited to intellectual property) rights as a
collective work and/or compilation, pursuant to international conventions and U.S. and other
copyright laws. The Site and all Site content is the property of TypeOneNation.org and/or third party
licensors, and all right, title and interest in and to the Site and Site content will remain with
TypeOneNation.org or such third party licensors. Other product and company names mentioned
herein may be the trademarks of their respective owners. The contents, and every part thereof, of
the Site are only for your personal, non-commercial use. You do not acquire ownership rights to
any content, document, or other materials viewed through the Site. The posting of information or
materials on the Site does not constitute a waiver of any right in such information and materials.
You will abide by any and all additional copyright notices, information, or restrictions contained
in any content on the Site. Unless otherwise prohibited from doing so, you may download and
make one (1) copy of the content and other downloadable items displayed on the Site for your
personal, noncommercial use only, provided that you maintain all copyright and other notices
contained in such content. Any copying, republication, or redistribution of Site content, including
by caching, framing, or similar means, is expressly prohibited without the prior written consent of
TypeOneNation.org and/or the respective intellectual property rights holder identified in the
subject content.
TypeOneNation.org respects the intellectual property rights of others and expects our users to do
the same. The policy of TypeOneNation.org is to terminate the accounts of repeat copyright
offenders and other users who infringe upon the intellectual property rights of others. If you
believe that your work has been copied in a way that constitutes copyright infringement, please
provide TypeOneNation.org's Designated Copyright Agent, identified below, with the following
information required by the Online Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512: (1) a physical or electronic signature of a
person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2)
identification of the copyright work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a representative list of such works
at that site; (3) identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to
permit us to contact the complaining party; (5) a statement that the complaining party has a
good-faith belief that use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; (6) a statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed; and (7) any other materials or
information as may be required by the DMCA as amended from time to time.
Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted
to the TypeOneNation.org Designated Copyright Agent using the following contact information:
copyrights@TypeOneNation.org
JDRF
26 Broadway
New York, New York 10004
Phone: 1-800-533-CURE
Fax: 212-479-7646
ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO
RESPONSE.
Dispute Resolution (Arbitration Clause)
Binding Arbitration. You and TypeOneNation.org each agree to submit to binding arbitration in the
event of a dispute, controversy or claim (each, a “Dispute”) arising out of or in connection with
this Agreement, your or TypeOneNation.org’s rights and obligations under this Agreement, the Site,
the use of the Site, and/or the information, services and/or products that may be provided by or
through or in connection with the Site. The arbitration will be held in the Commonwealth of
Pennsylvania before one arbitrator on an individual basis and not as a class action. You expressly
waive any right you may have to arbitrate a dispute as a class action. You also expressly waive
your right to a jury trial. At the option of the first party to commence an arbitration, the
arbitration will be administered either by the National Arbitration Forum, Box 50191,
Minneapolis, MN 55405-0191 (www.arb-forum.com), or JAMS, Two Embarcadero Center Suite
1100 San Francisco, CA 94111 (www.jamsadr.com). In the event you are the first party to
commence an arbitration, and you fail to select an arbitration organization within 30 days after
providing notice to TypeOneNation.org of such arbitration, TypeOneNation.org may select the
organization. You may obtain a copy of the rules of each organization by contacting the
organization. In the event that any Dispute cannot be submitted to binding arbitration pursuant
to the rules of any such organization, such event shall not affect the enforceability of this clause so
long as the Dispute may be submitted to binding arbitration with one of the organizations. You
and TypeOneNation.org shall agree on one arbitrator to conduct the arbitration and the arbitrator
shall be selected pursuant to the applicable rules. Each party shall be responsible for its own
attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing
party. Notwithstanding anything to the contrary in this Section, to the extent you have in any
manner violated or threatened to violate TypeOneNation.org’s intellectual property rights,
TypeOneNation.org may seek (and you will not contest) injunctive or other appropriate relief in any
state or federal court in the Commonwealth of Pennsylvania, and you consent to exclusive
jurisdiction and venue in such courts.
Arbitration Final. The arbitrator's award is final and binding on all parties. The Federal
Arbitration Act, and not any state law concerning arbitration, governs all arbitration under this
clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of
this clause, other than waivers of class action rights, is deemed or found to be unenforceable for
any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary
contained herein, if the waiver of class action rights contained herein is not enforceable as to any
person or persons, such non-enforceability shall apply to such person or persons only, and all
other persons shall continue to be governed by the Arbitration Clause.
Giving Up Right of Class Action. This Agreement provides that all Disputes will be resolved by
binding arbitration and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE
UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON
ANY CLASS CLAIM YOU MAY HAVE AGAINST TypeOneNation.ORG INCLUDING ANY RIGHT
TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR
PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
California Residents. If you are a California resident, to the extent permitted by California law,
you 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 favor at the time of executing
the release, which if known by him must have materially affected his settlement with the debtor”
as well as any other unknown claims under California Civil Code Section 1542 or any statute or
common law principle of similar effect.
Choice of Law; Jurisdiction and Venue; Waiver of Trial By Jury
To the maximum extent permitted by law, this Agreement is governed by the laws of the
Commonwealth of Pennsylvania, excluding any law or conflicts of law principle that would apply
the law of another jurisdiction. To the extent a Dispute is not governed by the Arbitration Clause,
you hereby consent to the exclusive jurisdiction and venue of courts in the Commonwealth of
Pennsylvania in all disputes arising out of or relating to the use of the Site or under this
Agreement; provided, however, that in the event TypeOneNation.org is sued or joined by a third party
in any other court or in any other forum in respect of any matter which may give rise to a claim by
TypeOneNation.org hereunder, you consent to the jurisdiction of such court or forum over any claim
which may be asserted by TypeOneNation.org therein. You irrevocably consent to the exercise of
personal jurisdiction by such courts in any such action. In addition, and notwithstanding the
foregoing, you irrevocably waive, to the fullest extent permitted by law, any objection that you
may now or hereafter have to the laying of the venue of any such suit, action or proceeding
brought in any such court and any claim that any such suit, action or proceeding brought in any
such court has been brought in an inconvenient forum. Final judgment in any such suit, action or
proceeding brought in any such court shall be conclusive and binding upon you and may be
enforced in any court in which you are subject to a jurisdiction by a suit upon such judgment. Use
of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph. To the extent a claim is not
governed by the Arbitration Clause, TypeOneNation.org and you each hereby waive the right to a trial
by jury in any court and in any suit, action or proceeding, whether in tort, contract, or otherwise,
in which any such party is a party, as to any claim arising out of or in connection with this
Agreement, your or TypeOneNation.org’s rights and obligations under this Agreement, the Site, use of
the Site, and/or the services and/or products that may be provided by or through or in connection
with the Site.
Viewing Outside the United States
TypeOneNation.org makes no claims that the Site may be lawfully viewed, accessed or used outside
the United States. Access or use of the Site may not be legal by certain persons or in certain
countries. If you access or use the Site from outside of the United States, you do so at your own
risk and you are responsible for compliance with the laws of your jurisdiction.
Inquiries regarding this policy should be directed to info@typeonenation.org
Last Updated on November 20, 2008
PLEASE RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.