Strong Like Ellie.Org Terms of Service

 

These Terms of Use ("Terms") govern your use of the Strong Like Ellie Foundation website StrongLikeEllie.org (“STRONG LIKE ELLIE” "we," "us," or "our") website (the "Site"). These Terms, together with our Privacy Policy, collectively govern your use of our Site (collectively, the “Agreement”). By using our Site, you agree to accept all of the terms in this Agreement.

 

Please review these Terms carefully before using the Site. We may change these Terms or modify any features of the Site at any time. The most current version of the Terms can be viewed by clicking on the "Terms of Use" link below. You accept the Terms by using the Site, and you accept any changes to the Terms by continuing to use the Site after we post the changes.

 

SERVICE DISLAIMER: WE OFFER OUR SITE “AS IS” AND WITHOUT ANY WARRANTIES. STRONG LIKE ELLIE DOES NOT PROVIDE MEDICAL ADVICE. STRONG LIKE ELLIE’S MAIN GOAL IS TO PROVIDE SUPPORT TO FAMILIES OF CHILDREN WITH CANCER IN THE CHARLOTTE, NORTH CAROLINA GEOGRAPHICAL AREA. STRONG LIKE ELLIE DOES NOT GIVE HEALTH CARE ADVICE. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH THE SITE. STRONG LIKE ELLIE IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OF ANY USER.

 

Privacy

By using the Site, you consent to our processing your information consistent with our Privacy Policy

 

 

STRONG LIKE ELLIE MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO INFORMATION OR ANY OTHER CONTENT AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH INFORMATION. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL HEALTH CARE PROVIDER OR HOSPITAL MENTIONED ON THE SITE. WHILE WE HOPE CONTENT FROM OUR SITE IS USEFUL, IT IS INTENDED SOLELY FOR INFORMATION ABOUT SUPPORT THAT MAY BE AVAILABLE IN THE CHARLOTTE, NORTH CAROLINA AREA. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER, UNDER ANY CIRCUMSTANCE.

 

Donation Payment Authorization

If you choose to make a donation through our “Donate” option, you will be asked to enter a payment method, which will authorize us to charge your chosen payment method. STRONG LIKE ELLIE does not charge donors a fee to make donations. You agree that authorizations to charge your payment method remain in effect until you cancel it in writing, and you agree to notify STRONG LIKE ELLIE of any changes to your payment method. You certify that you are an authorized user of the payment method and will not dispute charges that correspond to your donations. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, STRONG LIKE ELLIE may at its discretion attempt to process the charge again at any time within 30 days.

 

Prohibited Conduct

You may not access or use, or attempt to access or use, the Site to take any action that could harm us or any third party, interfere with the operation of the Site, or use the Site in a manner that violates any laws. For example, and without limitation, you may not:

·      transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;

·      provide information that is untrue, inaccurate, not current, or incomplete;

·      transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;

·      transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;

·      reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Site to anyone else without prior express permission;

·      engage in unauthorized spidering, "scraping," or harvesting of content or personal information, or use any other unauthorized automated means to compile information;

·      take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;

·      use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;

·      attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Site; or

·      engage in any other conduct that restricts or inhibits any person from using or enjoying the Site, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

 

Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Site for any or no reason at any time without notice.

 

Intellectual Property Rights

The Site is protected under the copyright laws of the United States. All copyrights in the Site are owned by us to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Site without our written consent.

 

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Site, whether or not appearing in large print or with the trademark symbol, belong exclusively to STRONG LIKE ELLIE and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of STRONG LIKE ELLIE, its affiliates, or any third party.

 

Website and Third-Party Content

The Site should not be considered medical advice or treatment. You should always talk to an appropriately qualified health care professional for final diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. NONE OF THE CONTENT ON THE SITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. STRONG LIKE ELLIE does not recommend or endorse any specific tests, health care providers, medications, products, or procedures.

 

The Site may provide links to third-party content. You acknowledge and agree that we are not responsible for the availability of such third-party content, and we do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user's own risk.

 

Disclaimer of Warranties; Limitation of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SITE OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITE, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, AVAILABLE AT ANY PARTICULAR TIMES OR FROM ANY PARTICULAR LOCATIONS, VIRUS-FREE, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SITE OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITE.

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

 

IN NO EVENT WILL WE, OR OUR DIRECTORS, OFFICERS, SUBCONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SITE, ANY INTERRUPTION IN AVAILABILITY OF THE SITE, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SITE OR THE DATA COLLECTED THROUGH THE SITE, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SITE WILL BE TO CEASE USING THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, STRONG LIKE ELLIE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

 

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION,” “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

 

Indemnification

You agree to indemnify, defend and hold STRONG LIKE ELLIE and its directors, officers, affiliates, subcontractors, employees, agents, and assigns harmless from and against any and all loss, demands, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the Site and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.

 

Choice of Law and Forum

The Site is intended for use by residents of the United States. We do not intentionally provide access to the Site to individuals located outside the United States. You agree that your access to and use of the Site will be governed by and will be construed in accordance with the laws of the State of North Carolina without regard to principles of conflicts of laws.

 

Miscellaneous

These Terms and the Privacy Policy constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Site.

 

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.