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USER AGREEMENT:
Terms of Use
This World Wide Website with its home page in the domain "preparetolive.org" (the "Website") is a complimentary information and interactive community service offered by Prepare to Live ("P2L") 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 (the "Terms of Use"). These Terms of Use were last updated on August 4, 2004. We may change and update these Terms of Use at any time by posting the amended Terms of Use on the Website, which will be effective immediately. Please review the Terms of Use each time you visit the Website. By using the Website, it means you accept and agree to the most recent version of the Terms of Use and of the Privacy Policy on the Website. You acknowledge and agree that these Terms of Use, together with our Privacy Policy constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.
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 you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the Website on someone else's behalf, you represent that you have the authority to bind that person as a principal to all the Terms of Use provided herein, and you agree to accept liability for harm caused by any wrongful use of the Website resulting from such access or use. P2L shall have no liability or responsibility for such use.
General Practices Regarding Use and Storage
You acknowledge that P2L may establish general practices and limits concerning use of the P2L Website, including without limitation the maximum number of days that email messages, message board postings or other uploaded content is retained by the Website. The maximum number of emails that can be sent or received by an account, the maximum disk space allotted on servers for an account, and the maximum duration for which an account can be accessed in a given period of time. You acknowledge that P2L 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 P2L Website servers. You acknowledge P2L has the right to log off accounts that are inactive for an extended period of time. You further acknowledge that P2L 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 P2L, bear all risks and liabilities for all Content that you upload, post, email, transmit or otherwise make available via the service. You agree to not use the service to:
- Upload, post, or otherwise make available any Content that infringes any intellectual property or other proprietary rights of any party;
- Upload, post, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation;
- Upload, post, or otherwise make available any material that contains software viruses or any other harmful computer code, files or programs;
- Upload, post, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, 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 P2L 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 P2L 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. P2L 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 P2L 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 P2L, its users and/or the public.
User Submissions
By submitting communications or content to any part of this Website where such content would be viewable by the public (e.g. posting on a public forum/bulletin board or public chat or other public communication), you agree that such submission is non-confidential for all purposes. Any submission to this Website will be deemed and remain the property of P2L. You grant or warrant that the owner of such content has expressly granted P2L 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. P2L does not control the content submitted or posted or made available for inclusion on the Website by users or subscribers of the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. 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. Under no circumstances will P2L be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website.
Modifications to the Service
P2L 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 P2L shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
Termination
You agree that P2L, 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 P2L 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 P2L 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 P2L 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 Website is provided "as is" for general information only. You should not use any such Content as a substitute for medical advice, diagnosis or treatment. You should not disregard or delay seeking professional medical advice because of any Content. P2L does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any Content is solely at your own risk.
Disclaimer of Warranty
P2L PROVIDES OUR WEBSITE AND ALL CONTENT, INFORMATION, AND DATA CONTAINED THEREIN ON AN "AS IS" BASIS, AND WE EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
Specifically, P2L makes no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links or communications provided on or through the use of the Website.
- The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content on the Website.
Limitation of Liability
YOU AGREE THAT NEITHER P2L NOR ANY PERSON OR COMPANY ASSOCIATED WITH P2L SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE OUR WEBSITE OR THE MATERIALS ON OUR WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS P2L, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON OUR WEBSITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND EXEMPLARY DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. P2L SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1000.
Endorsements
You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of the P2L or endorsed by P2L. P2L may provide links on the Website to other Websites that are not under the control of P2L. In general, any Website which has an address (or URL) that does not contain "preparetolive.org" is such a Website. These links are provided for convenience of reference only and are not intended as an endorsement by P2L of the organization or individual operating the Website or a warranty of any type regarding the Website or the information on the Website, and we do not review, control, or monitor the content on any other Websites. We are not responsible for the performance of those other Websites or for your dealings with them. Your use of other Websites is subject to the terms of use of those Websites, including the privacy policies of those Websites, and you should carefully review the terms of use and privacy policies for such Websites.
Usage of Content
Unless otherwise indicated, all information contained on this Website, such as text, graphics, logos, button icons, images, audio clips is copyrighted by and proprietary to Prepare to Live, 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 P2L's prior written consent, except that you may e-mail, download, or print copies of the materials on our Website, but only for your personal, noncommercial use which do not harm the reputation of the P2L, and further provided that the you do not remove any trademarks, copyright and any other notice contained in such Content.
Trademarks
Prepare to Live, Prepare to Live Films, P2L, the Prepare to Live Logo Design, the P2L Logo and other marks, are trademarks of the Prepare to Live.
Indemnity
If you violate these Terms of Use or the Privacy Policy in a way that causes harm to others, you agree to indemnify, defend, and hold harmless P2L against any and all claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on, or in connection with your access and/or use of our Website or any link to or from our Website. Without limiting the foregoing, you also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Jurisdiction
These Terms of Use shall be governed in all respects by the laws of the State of California regardless of conflicts of laws principles. We do not guarantee continuous, uninterrupted or secure access to our Website, and operation of our Website may be interfered with by numerous factors outside of our control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned or transferred by P2L, in our sole discretion, to a third party in the event of a merger or acquisition. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
If you have any questions about these Terms of Use, you can contact: info@preparetolive.org
Linking Information
P2L may grant the owner of an approved Website permission to use a hyper-text link on his or her Website, provided: (a) any text-only link must clearly be marked "Prepare to Live;" (b) the link must "point" to the URL www.preparetolive.org and not to other pages within the Website; (c) the appearance, position and other aspects of either the link or the host Website may not be such as to damage or dilute the goodwill associated with P2L's name and trademarks; (d) the appearance, position and other aspects of either the link or the host Website may not create the false appearance that an entity other than P2L is associated with or sponsored by P2L; (e) the link, when activated by a user, must display this Website full-screen and not with a "frame" on the linked Website; and (f) P2L reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement
P2L is not responsible for the information or materials contained on the host Website. Links to this Website are provided for convenience of reference only and are not intended as an endorsement by P2L of the organization or individual operating the host Website or a warranty of any type regarding the host Website or the information on the host Website.
Revised: August 4, 2004
LINKING POLICY
Linking to www.preparetolive.org
Prepare to Live encourages and permits text links to content on the Prepare to Live Website, www.preparetolive.org. However, Prepare to Live is an organization committed to the highest ethics and standards, both in fact and appearance. Therefore, the linking should not suggest that Prepare to Live promotes or endorses any third party's causes, ideas, political campaigns, Websites, products or services, use Prepare to Live copyrighted information or Prepare to Live logos, trademarks or service marks without the express written consent of the Prepare to Live, or Prepare to Live content for commercial or fundraising purposes. We reserve the right to withdraw permission for any link at any time.
Please get permission and let us know your intentions BEFORE linking to P2L.
For more specific information regarding linking to P2L, please see the Linking Information section of our User Agreement above.
Content Usage
Unless otherwise indicated, all Content on this Website - such as text, graphics, logos, button icons, images, films, videos, and audio clips - is copyrighted by and proprietary to Prepare to Live, and, except as set forth in these Terms of Use, 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 P2L's prior written consent.
To obtain permission to use or copy P2L-copyrighted materials from the P2L Website or from P2L printed materials, email your request to info@preparetolive.org (Subject: "Permission") Please provide the following:
- Information about the exact P2L material you propose to use or copy, and, if possible, attach a copy of the specific information you wish to use
- An explanation of how the P2L information will be used and/or distributed and whether reprinted materials will be sold
- A description of the nature of your organization or business (for-profit, not-for-profit, etc.)
- Contact information, including your fax number, e-mail address, and/or mailing address
P2L may at its sole discretion grant or deny permission to use portions of its materials.
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