AGREEMENT BETWEEN USER AND LAURA’S SMILE FOUNDATION
The Laura’s Smile Foundation, Inc. Web Site is comprised of various Web pages operated by Laura’s Smile Foundation. The Laura’s Smile Foundation Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Laura’s Smile Foundation Web Site constitutes your agreement to all such terms, conditions, and notices.
Laura’s Smile Foundation reserves the right to change the terms, conditions, and notices under which the Laura’s Smile Foundation Web Site is offered, including but not limited to the charges associated with the use of the Laura’s Smile Foundation Web Site, by positng the most current terms, conditions and notices on this Web Site page.
LINKS TO THIRD PARTY SITES
The Laura’s Smile Foundation Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Laura’s Smile Foundation and Laura’s Smile Foundation is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Laura’s Smile Foundation is not responsible for webcasting or any other form of transmission received from any Linked Site. Laura’s Smile Foundation is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Laura’s Smile Foundation of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Laura’s Smile Foundation Web Site, you warrant to Laura’s Smile Foundation that you will not use the Laura’s Smile Foundation Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Laura’s Smile Mile Web Site in any manner which could damage, disable, overburden, or impair the Laura’s Smile Foundation Web Site or interfere with any other party’s use and enjoyment of the Laura’s Smile Foundation Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Laura’s Smile Foundation Web Sites.
USE OF COMMUNICATION SERVICES
The Laura’s Smile Foundation Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you
agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy
and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Laura’s Smile Foundation has no obligation to monitor the Communication Services. However, Laura’s Smile Foundation reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Laura’s Smile Foundation reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Laura’s Smile Foundation reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Laura’s Smile Foundation’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Laura’s Smile Foundation does not control or endorse the content, messages or information found in any Communication Service and, therefore, Laura’s Smile Foundation specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Laura’s Smile Mile spokespersons, and their views do not necessarily reflect those of Laura’s Smile Foundation.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
LAURA’S SMILE FOUNDATION DOES NOT PROVIDE MEDICAL ADVICE
The educational materials and other materials contained on the Web Site (“Content”), including text, graphics, images, and information provided by users of the Web Site through communication services or otherwise, or obtained by Laura’s Smile Foundation from other sources, is provided “as is” for general information only and for the purpose of educating users of the Web Site on ovarian cancer and other cancer-related topics. The Content is not intended to be instructional for medical advice, diagnosis or treatment. The Content should not be considered complete, nor should it be relied on to suggest a diagnosis or course of treatment for a particular individual or as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read on the Web Site.
MATERIALS PROVIDED TO LAURA’S SMILE FOUNDATION OR POSTED AT ANY LAURA’S SMILE FOUNDATION WEB SITE
Laura’s Smile Foundation does not claim ownership of the materials you provide to Laura’s Smile Foundation (including feedback and suggestions) or post, upload, input or submit to any Laura’s Smile Foundation Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Laura’s Smile Foundation, its affiliated companies and necessary license or sublicensees permission to use your Submission in connection with the operation of their Internet businesses or the Foundation including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Laura’s Smile Foundation is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Laura’s Smile Mile’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE LAURA’S SMILE FOUNDATION WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LAURA’S SMILE FOUNDATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE LAURA’S SMILE FOUNDATION WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE LAURA’S SMILE FOUNDATION WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
LAURA’S SMILE FOUNDATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE LAURA’S SMILE FOUNDATION WEB SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS
IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LAURA’S SMILE FOUNDATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LAURA’S SMILE FOUNDATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LAURA’S SMILE FOUNDATION WEB SITE, WITH THE DELAY OR INABILITY TO USE THE LAURA’S SMILE FOUNDATION WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE LAURA’S SMILE FOUNDATION WEB SITE, OR OTHERWISE
SERVICE CONTACT : laurassmilemile [at] gmail.com
Laura’s Smile Foundation reserves the right, in its sole discretion, to terminate your access to the Laura’s Smile Foundation Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Laura’s Smile Foundation Web Site. Use of the Laura’s Smile Foundation Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Laura’s Smile Foundation as a result of this agreement or use of the Laura’s Smile Foundation Web Site. Laura’s Smile Foundation’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Laura’s Smile Foundation’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Laura’s Smile Foundation Web Site or information provided to or gathered by Laura’s Smile Foundation with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Laura’s Smile Foundation with respect to the Laura’s Smile Foundation Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Laura’s Smile Foundation with respect to the Laura’s Smile Foundation Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
SEVERABILITY AND NON-WAIVER
These terms, conditions and notices are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. The failure of either party to insist upon or enforce strict performance with this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment, nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or a waiver in other instances.
Access to this Web Site and its terms and conditions are governed by U.S. federal law and/or the laws of the State of Wisconsin, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF WISCONSIN, U.S.A. YOU AND LAURA’S SMILE FOUNDATION, INC. AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Laura’s Smile Foundation Web Site are: Copyright 2010-2014 and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.