Site Terms, (July 2014)
Use of site; Limited license
You are granted a limited, revocable, non-exclusive, non-transferable, non-sub licensable license to access and use the Site and all links, content, services, products, data, information and materials included in the Site (the “Site Materials”) solely for your personal and noncommercial use in a manner that does not harm the reputation of PCaFree Foundation and subject to the terms and conditions set forth in these Site Terms. You agree that you will not modify, copy, distribute, resell, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, or use on any other web site or service any of the Site Materials. Any use of the Site or the Site Materials other than as specifically authorized herein is strictly prohibited and terminates the license granted herein.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
THE SITE AND THE SITE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SITE MATERIALS IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE AND THE SITE MATERIALS.
THE SITE AND THE SITE MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT PROVIDE OR CONTAIN MEDICAL ADVICE, DIAGNOSIS OR TREATMENT RELATED TO YOUR HEALTH OR THE HEALTH OF OTHERS. PATIENTS SHOULD CONSULT A DOCTOR OR QUALIFIED HEALTH CARE PROFESSIONAL REGARDING ALL HEALTH ISSUES. IF YOU ARE A DOCTOR OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL, YOU SHOULD NOT ALLOW THE CONTENT OF THE SITE OR THE SITE MATERIALS TO SUBSTITUTE FOR YOUR OWN MEDICAL JUDGMENT. PCaFree Foundation DOES NOT RECOMMEND OR ENDORSE ANY SERVICE, PROVIDER, TEST, PRODUCT, PROCEDURE OR OTHER INFORMATION IN CONNECTION WITH THE SITE AND THE SITE MATERIALS.
Limitation of liability; Indemnification
YOU AGREE THAT YOU WILL HOLD HARMLESS PCaFree Foundation AND ITS OFFICERS, DIRECTORS, CONSULTANTS, CONTRACTORS, AGENTS, EMPLOYEES, AFFILIATES AND VOLUNTEERS (“PCaFree Foundation PARTIES”) FROM ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE SITE MATERIALS (INCLUDING, WITHOUT LIMITATION, ANY ACTION OR INACTION MADE OR TAKEN BASED ON THE SITE OR THE SITE MATERIALS). IN NO EVENT WILL PCaFree Foundation OR THE PCaFree Foundation PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SITE MATERIALS (INCLUDING, WITHOUT LIMITATION, ANY ACTION OR INACTION MADE OR TAKEN BASED ON THE SITE OR SITE MATERIALS).
You agree to defend, indemnify and hold PCaFree Foundation and the PCaFree Foundation Parties harmless from and against any claims, disputes, losses, damages, costs, liabilities and expenses as incurred (including, without limitation, attorney’s fees) arising out of or relating to your use of the Site or the Site Materials and/or your violation of these Site Terms or your violation of the rights of any third party.
Applicable law and venue
These terms and conditions are exclusively governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely to be performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Seattle, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
If any part of the Site Terms is determined to be invalid or unenforceable pursuant to applicable law, 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 Site Terms will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sub license your rights, if any, in the Site. Except as expressly stated herein, the Site Terms constitute the entire agreement between you and us with respect to the Site and may not be modified or waived except in a writing signed by all parties. We may terminate or suspend your access to the Site at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Site will immediately cease. You agree that any materials provided by you in the form of e-mail or submissions to PCaFree Foundation are non-confidential and we will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Copyright, trademark and patent notices
The Site and Site Materials are the proprietary property of PCaFree Foundation and its suppliers and are protected by intellectual property rights, including United States and international copyright laws. The PCaFree Foundation name, and any slogans or logos referenced herein are either trademarks or registered trademarks of PCaFree Foundation in the United States and/or other countries. The names of other companies, products and services mentioned in the Site may be the trademarks or service marks of their respective owners. Any rights not expressly granted herein are reserved.