Terms of Service
Effective January 1, 2012
Welcome to the Graham’s Foundation website. These Terms of Service state the agreement under which Graham’s Foundation (“GF”, “we” or “us”) provides you with various services, currently located at www.grahamsfoundation.org, and any other related or successor sites (the “Site”). GF makes the Site and its related services to you subject to your compliance with the terms of service below, including any revised agreements that we may post from time to time (the “Terms of Service”). All services provided by GF on the Site are collectively referred to as the “Services”. By accessing, browsing and/or using the Site and/or the Services, you are deemed to accept these Terms of Service and agree to be bound by the Terms and Service with respect to the use of the Site. If you do not wish to be bound to the Terms of Service, you may not access, browse or use the Site or any of the Services we provide. You hereby represent and warrant that (a) you are (i) of legal age in your jurisdiction to form a legally binding contract with GF and (ii) allowed to receive the Services under the laws of the United States, your country of residence, or the country in which you are located, and are not otherwise legally barred from doing so, and (b) the information you submit to GF is accurate, true, current and complete.
1. THIS SITE DOES NOT PROVIDE HEALTH ADVICE.
The contents of the Site (including, but not limited to, text, graphics and images) (“Content”) is presented in a summary fashion and is intended to be used for informational purposes only. Such Content is not intended to be, and should not be interpreted as, a recommendation for a specific treatment plan, product, course of action or medical or healthcare provider, or a substitute for medical advice, diagnosis or treatment, and we make no recommendations or endorsements of any specific tests, physicians, products, opinions, or other information that may be mentioned on the Site. Use of the Site does not replace medical consultation with a qualified health or medical professional to the meet the health and medical needs of you or any other party, and you should always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition.
2. Changes to These Terms of Service
GF may make changes to these Terms of Service from time to time in its sole discretion. Each time changes are made to these Terms of Service, notice of revised Terms of Service will be posted on the home page. Your continued use of our Site and/or the Services following the posting of changes constitutes your acceptance of any such changes. Your use of the Site is also subject to the other policies, disclaimers and guidelines we post on such Site from time to time.
4. Customer Service
Customer support is not offered for the Site or the Services.
GF may allow You to purchase products and/or services via the Site. In the event You place an order for such products or services, You are subject to the additional terms of this Section. Upon placing an order, You will pay to GF the purchase price as set forth in the “shopping cart” or similar ordering mechanism. GF may use third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes will be applied to your chosen method of payment upon submission of your order. Prices and availability of all products and/or services are subject to change without notice. All sales are final and non-refundable.
6. Ownership and Protection of Intellectual Property Rights
The Contents of the Site are intended for the personal, noncommercial use of our users. All right, title and interest to the Content displayed on the Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of GF, its licensees, or its content providers are protected by copyright, trademark, patent or other proprietary rights and laws, and cannot be reproduced, duplicated, copied, published, sold, visited, or otherwise exploited for any commercial purpose without express written consent from GF. You may not use any GF logo or other proprietary graphic or trademark as part of the link without express written permission from GF. Any unauthorized use automatically terminates the licenses and permission granted above by GF. GF reserves the right to block access, refuse services, or remove or edit content in connection with this website. Except as expressly authorized by GF, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any Content (including without limitation any software) available through the Site.
7. License Grant to Access Content on Our Site
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to access, view, reproduce, print, cache, store and distribute content retrieved from the Site for personal use via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of GF or the copyright holder identified in the relevant copyright notice. Except as expressly provided in these Terms of Service, nothing contained in these Terms of Service or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of GF’s content or under any third party’s content. Any rights not expressly granted herein are reserved.
8. Site and Services Access; Security
You are solely responsible for obtaining Internet access to the Site and the equipment and software necessary to use and enjoy the Site and the Services, including payment of any Internet service provider fees and telecommunication charges. You should not provide your password(s) to anyone else and are responsible for maintaining the confidentiality of your password(s) used for the Services. Therefore, you agree that you are solely responsible for all usage and activities under your account.
9. User Responsibility
You agree that you are solely responsible for any information that you communicate, whether intentionally or not, to others. You should not use the Site for information you wish to discuss only with your health care provider. You are responsible for any use of the Site by your agents or dependents, and you agree to inform such agents or dependents of these Terms and Conditions and their obligations to comply with them. You may not assign the rights and obligations accruing to you under these Terms and Conditions without the prior written consent of GF, and any attempted assignment not in compliance with this sentence shall be void.
10. Links to Third Party Sites
The Site contains links to other Internet sites (“Third-Party Sites”) that are not owned or maintained by GF, and may also contain content provided by third parties. Links to Third-Party Sites and information provided by third parties are included for your convenience only and do not imply approval of or endorsement by GF of those sites or such content. GF makes no warranties or representations and disclaims any responsibilities for the content of and products or services offered by Third-Party Sites. Further, GF makes no warranties and disclaims any responsibility for the content, products, or services offered or provided by our licensees and contained on the Site.
11. Termination of Access; Discontinuation
GF may limit your access to the Site at any time, without notice, and with or without cause. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that GF may bar any further access to the Site and/or the Services. If you use the Site in violation of these Terms of Service, GF may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that GF shall not be liable to you or to any third party for the discontinuation or termination of your access to the Services, or collection of information notwithstanding in the case of your violation of these Terms of Service, even if advised of a claim for damages. GF reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Site and Services (or any part thereof) with or without notice. You agree that GF will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Site and Services. You may cease using the Site and Services at any time. You do not need to inform GF if you cease using the Services.
12. Warranties and Disclosures
(a) THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON THE SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. GF AND OTHER PARTIES THAT POST OR OTHERWISE PROVIDE INFORMATION, SERVICES OR MATERIAL ON THE SITE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITE.
(b) YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AS SUCH, GF ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE INFORMATION IN THE SITE. GF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ACCURACY, COMPLETENESS OF AVAILABILITY OF CONTENT, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT, TO THE FULLEST EXTENT OF THE LAW.
13. Limitations Of Liability; Indemnification
(a) YOU UNDERSTAND AND AGREE THAT GF AND ITS DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS AND AFFILIATES IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, PERSONAL INJURY, MENTAL ANGUISH, EMOTIONAL DISTRESS, WRONGFUL DEATH, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY.
(b) In addition, you will indemnify and hold harmless GF, its trustees, officers, directors, agents, affiliates, and employees, against all actual and direct losses, liabilities, damages, claims, costs or expenses (including reasonable attorney’s fees) they may suffer as the result of third party claims, demands, actions, investigations, settlements or judgments against them arising from or in connection with any breach of these Terms of Service, or from any breaches of confidentiality or negligence or wrongful acts or omissions, by you or your dependents, or agents.
(c) The provisions of this Section entitled “Limitations of Liability; Indemnification” shall survive termination of these Terms of Service.
14. Applicable Laws; Arbitration; Venue; Limitation of Actions
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. You agree that any dispute, controversy or claim arising out of or related to these Terms of Service or your use of the Site will be solely and exclusively resolved and settled through arbitration administered by the American Arbitration Association and conducted in San Francisco, California, United States of America. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. The prevailing party shall be entitled to costs and reasonable attorney’s fees arising out of such arbitration. You agree that any claim or cause of action arising out of your use of our Site, the Services or these Terms of Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. The provisions of this Section 14 shall survive termination of these Terms of Service.
(a) These Terms of Service constitute the entire agreement between you and GF and govern your use of the Site and Services. This agreement supersedes any prior agreements between you and GF relating to the access and/or use of the Site and Services. No modification or attempted modification of these Terms of Service by you shall be binding on GF unless made in writing and physically signed by an authorized representative of GF.
(b) A waiver of any breach of any provision of these Terms of Service shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of these Terms of Service. The failure of GF to exercise or enforce any right or provision of the Terms of Service shall not constitute a wavier of such right or provision.
(c) If any provision of the Terms of Service is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
(d) These Terms of Service are only between you and GF, and are not for the benefit of any other person.
(e) You agree that regardless of any statute or law to the contrary, any claim arising out of or related to use of this Site or the Terms of Service must be brought to arbitration within one (1) year after such claim arose or be forever barred.
(f) The use of this Site is unauthorized in any jurisdiction that does not give effect to the Terms of Service contained herein.
(g) All rights not expressly granted herein are hereby reserved.
16. Contact Information. If you have any questions or concerns with respect to this Agreement or our Site, you may contact a representative of GF by e-mail at firstname.lastname@example.org.
17. Acceptable Use Policy.
(a) GF takes intellectual property issues seriously and has a policy to response to notices of alleged infringement that comply with applicable international intellectual property law (including the U.S. Digital Millennium Copyright Act) and to terminating the access rights of repeat infringers.
(b) You agree that you will not use the Site or the Services to post or otherwise provide any prohibited content, meaning any content that: (i) is inappropriate or offensive (such as inappropriate photographs); (ii) promotes racism, bigotry, hatred or physical harm of any kind; (iii) harasses or advocates harassment of another person; (iv) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming”; (v) is false, misleading or promotes, endorses or furthers illegal activities; (vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright, trademark, trade secret or other intellectual property law; (vii) is involved in the exploitation of minors, or solicits personal information from such persons; (viii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (ix) otherwise violates this Agreement or creates liability for us.
(c) GF has the right (but not the obligation) to preview, review, screen, flag, filter, edit, refuse or remove any or all user-generated content either by itself, through third parties, or its community of users.
(d) You may find some content, including user-generated on the Site and viewed through the Services to be offensive or objectionable, and you use the Site and the Services at your sole risk with respect to such.
18. Infringement Policy.
(a) It is the policy of GF to respond to clear notices of alleged copyright and trademark infringement. Regardless of whether GF would be found to be liable for such copyright or trademark infringement under United States law or the law of the applicable country, we may respond to allegations of such infringement by removing or disabling access to content that is claimed to be infringing or by terminating particular users’ ability to access the Site and the Services. In the event we terminate access to the Site and/or Services, we will make a good-faith effort to contact the site or content owners or administrators in order to permit them to make a counter-notification. Please note that, in the event you materially misrepresent that a particular material or activity is infringing your copyright or trademark, you will be liable for all damages incurred (including costs and attorneys’ fees) as a result of such material misrepresentation. Accordingly, we suggest that you contact an attorney before notifying GF of infringement if you are not certain whether particular content is infringing your copyright or trademark.
(b) If you believe your copyright or trademark is being infringed on GF’s website, please send us a written notice that must include the following information:
i. An identification of the copyrighted or trademarked work you believe has been infringed;
ii. An identification of the allegedly infringing content within the work listed in item (i) above, and sufficient information to permit GF to identify it on the website (including the web address (URL) of the particular web page you allege contains infringing material);
iii. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law;
iv. A statement by you that you swear and attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner’s behalf of an exclusive right that is allegedly infringed;
v. Your signature (in either physical or electronic format), along with your name, address, telephone number and, if available, e-mail address.
(c) Counter-Notice. While it is our policy to respond to clear notices of trademark and copyright infringement, if you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice. Such counter-notice must include the following information:
i. An identification of the work that was removed or disabled, and the location (such as a URL) of the website on which it would have been found prior to its removal;
ii. A statement by you that you swear and attest, under penalty of perjury, that you have a good faith belief that the search result and/or content was removed or disabled as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
iii. A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States or (b) any judicial district in which GF is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to GF, or an agent of such person; and
iv. Your signature (in either electronic or physical form), along with your name, address, telephone number and, if available, email address.
(d) It is our policy to respond to all such notices we receive and to comply with the provisions of applicable law. GF reserves the right, in its sole discretion, to remove any content that is alleged to infringe any copyright or trademark without prior notice and to terminate the access rights of any user who GF has determined to be a repeat infringer.
(e) Please send all infringement notices and counter-notices to the following address:
P.O. Box 755, Perrysburg, OH 43552
Note: This address is provided exclusively for notifying us that your copyrighted or trademarked material may have been infringed. Inquiries regarding any other topics, such as technical support requests, reports concerning email abuse, and reports of instances of piracy, will not receive a response through this process.