Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.

These terms and conditions of use ("Site Terms") and the Site privacy policy apply to your access to, and use of www.OnTheLineFoundation.org (the "Site"), which is owned by On the Line Foundation (the "Foundation"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with the Foundation, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf (in which case "you", "your" or "user" shall refer to such entity), and that you and such entity agree to indemnify the Foundation for any claims against the Foundation arising from you or such entity's violation of these Site Terms. The Foundation reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time. Any changes or modification will be effective immediately upon posting of notice of the revisions on the home page of the Site. Your use of this Site following the posting of such notice will constitute your acceptance of such changes or modifications. Any such amendments shall apply prospectively from the date of the posted notice. Therefore, you should frequently review the Site Terms and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

Medical Disclaimer
THE SITE DOES NOT PROVIDE MEDICAL OR PROFESSIONAL SERVICES ADVICE.
This Site does not provide or contain medical advice, diagnosis or treatment. The Foundation does not recommend or endorse any of the services, service providers, tests, products, procedures, opinions or other information that may be mentioned on this Site. The contents of this Site, including text, graphics, images, information and other materials contained on this Site regardless of the originating source (collectively, "Content") is for informational purposes only. This Site (including its Content) is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician, other qualified health provider or expert with any questions you may have regarding a medical condition, health care options and health-related services. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. Your reliance on any Content contained on this Site or otherwise provided by or on behalf of the Foundation is solely at your own risk.

The content on this Site is intended to be a general information resource in regard to the subject matter covered, and is provided solely on an "AS IS" and "AS AVAILABLE" basis. You are encouraged to confirm the information contained herein with other sources, and to review the information carefully with your professional health care provider. The Foundation is not engaged in rendering medical or similar professional services or advice via this Site, and the information provided is not intended to replace medical advice offered by a physician or health care provider. If you desire or need such services or advice, you should consult a professional health care provider. You should not construe the Foundation's publication of the Content as an endorsement by the Foundation of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of the Content.

Disclaimer of Warranty
The Foundation makes no warranties of any kind regarding this Site, including but not limited to any warranty of accuracy, completeness, currency, reliability, availability, merchantability or fitness for a particular purpose, or any warranty that the Site, or the server that makes it available, is free of viruses or other harmful elements, and such warranties are expressly disclaimed. You specifically acknowledge that your exclusive right and remedy in case of dissatisfaction with the Site or any other grievance shall be your termination and discontinuation of access to or use of the Site.

Limitation of Liability
IN NO EVENT WILL THE FOUNDATION OR THE OTHER CONTRIBUTORS OF INFORMATION TO THE SITE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME 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 JURISDICTIONS, OUR POTENTIAL LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN THE EVENT THAT THIS SECTION IS DETERMINED BY ANY COURT TO BE UNENFORCEABLE, YOU AGREE THAT ANY CLAIM THAT YOU BRING AGAINST THE FOUNDATION OR THE OTHER CONTRIBUTORS OF INFORMATION TO THE SITE SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND SUCH CLAIM SHALL NOT BE CONSOLIDATED WITH THE ARBITRATION, HEARING OR OTHER PROCEEDING (INCLUDING WITHOUT LIMITATION, ANY OTHER SUIT OR CLASS ACTION) BROUGHT BY OR AGAINST THE FOUNDATION OR ANY OTHER CONTRIBUTOR OF INFORMATION TO THE SITE WITHOUT SUCH CONTRIBUTOR'S EXPRESS WRITTEN CONSENT.

Indemnification
You agree to defend, indemnify and hold harmless the Foundation, its officers, directors, employees, volunteers, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any and all claims, demands, actions, losses, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your access or use of, or your inability to access or use, this Site or the information contained on the Site, including without limitation information or materials viewed or downloaded from this Site or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. Your indemnification shall include any actual or threatened suit, demand or claim made against the Foundation and/or its independent contractors, agents, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.

Copyright and Limited License
Unless otherwise indicated, all content and other materials contained on this Site, such as text, graphics, logos, button icons, images, audio clips, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of the Foundation or its licensors and are protected by U.S. and international copyright laws.

Site Materials 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 the Foundation's prior written consent, except that the user may make such temporary copies in a single computer's RAM and hard drive cache as are necessary to browse the Site. The user may also make a single copy of the Content displayed on any page of the Site to be used by the user for personal and noncommercial uses which do not harm the reputation of the Foundation, provided that the user does not remove any trademarks, copyright and any other notice contained in such content.

Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray the Foundation or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use the Foundation logo or other proprietary graphic of the Foundation to link to the Site without the express, prior written permission of the Foundation. Further, you may not use, frame or utilize framing techniques to enclose the Foundation trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without the Foundation's express, prior written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Foundation or any third party.

The Foundation makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, including the third party payment processing company to which the Site may link for the purpose of accepting donations, or websites linking to the Site. Such websites are not under the control of the Foundation and the Foundation is not responsible for the contents of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. The Foundation provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the Foundation of any website 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 website to which you navigate from the Site.

Third Party Content
The Foundation may provide links to websites and content of third parties ("Third Party Content") as a service to those interested in this information. The Foundation does not monitor or have any control over any Third Party Content or third party websites. The Foundation does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The Foundation does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

Advertisements and Promotions
The Foundation may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the Foundation, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. The Foundation is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

Venue and Applicable Law
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of North Carolina, applicable to agreements made and to be entirely performed within the State of North Carolina, without reference to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Mecklenburg County, North Carolina 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 Site Terms.

Termination
Notwithstanding any of these Site Terms, the Foundation reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site. Any provision of these Site Terms which by its nature or express terms should survive will survive termination of your license to use the Site, including but not limited to Indemnification, Disclaimer of Warranty, Limitation of Liability, and Venue and Applicable Law.

Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

Validity of Electronic/Internet Contracts
These Site Terms shall have the same meaning, force and effect as if executed by hand, and all of the laws to which a hand-executed agreement is subject will govern these Site Terms. A printed version of the Site Terms shall be admissible in judicial or administrative proceedings based upon or relating to the Site Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Questions & Contact Information
Questions or comments about the Site may be directed to the Foundation at the email address info@OnTheLineFoundation.org. These Site Terms were last updated on May 22, 2012.