Information Collection and Use
We use the information we collect to improve this Site and Exhale Pro-Voice Pro-Voice services, features, and content (together, the “Service”) and to enable users to enjoy and easily navigate the Site.
Personally Identifiable Information
You may sign up through the Site to be on our mailing lists. If and when you do so, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your email address, your first name and last name, your occupation, and the city and state where you live. Similar information may be requested in the Volunteer application form and Story submissions feature. Information collection forms and tools may be operated by third party providers with privacy policies that differ from ours.
We may use your Personal Information to send you tax related confirmation and receipts in connection with donation transactions and to administer your inquiries. We also use your Personal Information to contact you with Exhale Pro-Voice email updates, fundraising or donation opportunities and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications. Please consult the “Changing Your Information” section below for information related to alteration or deletion of Stored Information.
When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to this Site, pages of this Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. The collection of Log Data is customary and you may alter your browser’s privacy settings to prevent sharing or to notify you when information is being shared.
We use Log Data information to monitor and analyze use of this Site and the Service and for the Site’s technical administration, to increase this Site’s functionality and user-friendliness, and to better tailor it to our visitors’ needs. We also use this information to verify that visitors to this Site meet the criteria required to process their requests.
Information Sharing and Disclosure
Aggregate Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Log Data with third parties for industry analysis and other purposes. Any aggregated information shared in these contexts will not contain your name or Personal Information, and Log Data will not be shared, rented, or sold for profit.
Service Providers. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site’s features, marketing services, and facilitating email communication) or to assist us in analyzing how our Site and Service are used. These third parties have access to your Personal Information only to perform these tasks.
Compliance with Laws and Law Enforcement. Exhale Pro-Voice does not share, sell or rent donor or visitor information without prior consent under any circumstances, including to law enforcement, except as compelled by law or by government or court order. However, this Site may use links or tools hosted by third party companies with different privacy standards and access to visitor, user, or donor information. Please accustom yourself with the applicable privacy policies of third parties, which may be accessed here and here.
Donation Related Transactions
Changing Your Information
You may review, update, correct or delete your Personal Information by contacting us. If you would like us to delete your record in our system, please contact us at info [@] exhaleprovoice [dot] org with a request that we remove your Personal Information from our communications, or utilize the opt out link included in all email correspondence sent to you by us. We will make reasonable efforts to honor your request in compliance with all applicable laws. We may retain an archived copy of your records, including but not limited to all information collected in connection with Donation related transactions, as required by law or for other legitimate service-related purposes.
Exhale Pro-Voice is concerned with safeguarding your information. We employ reasonable physical, technological, and administrative security measures and we take necessary measures to protect the security of any gathered data. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state and regional statutes) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Links to Other Sites
Our Site contains links to other websites. If you click on a third party link, you will be directed to that third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of an affiliation with that third party, nor is it an endorsement of that third party’s privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Certain areas of the Site (and your access to or use of certain Services or Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Content.
No Accredited or Licensed Advice
The Site, Services, and Content are intended for informational and educational purposes only, and are not intended to provide and should not and cannot be considered as accredited advice by licensed professionals. We are not your physician or psychologist, and we do not provide medical advice via the Site and Services. Any information obtained through the Site or Services may not be appropriate or relevant for your personal health. Accordingly, before making any decisions or taking any actions, please consider obtaining additional information and advice from licensed medical practitioners who are familiar with your mental and physical health.
The Site, Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Exhale Pro-Voice and its licensors exclusively own all right, title and interest in and to the Site, Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Content.
Subject to your compliance with the terms and conditions of these Terms, Exhale Pro-Voice grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Content solely for your personal, educational, and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Exhale Pro-Voice or its licensors, except for the licenses and rights expressly granted in these Terms.
You agree not to do any of the following:
- Use, display, mirror or frame the Site, or any individual element within the Site, Exhale Pro-Voice name, any Exhale Pro-Voice trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Exhale Pro-Voice’s express written consent;
- Access, tamper with, or use non-public areas of the Site, Exhale Pro-Voice’s computer systems, or the technical delivery systems of Exhale Pro-Voice’s providers;
- Attempt to probe, scan, or test the vulnerability of any Exhale Pro-Voice system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Exhale Pro-Voice or any of Exhale Pro-Voice’s providers or any other third party (including another user) to protect the Site, Services or Content;
- Attempt to access or search the Site, Services or Content or download Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Exhale Pro-Voice or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Exhale Pro-Voice trademark, logo URL or product name without Exhale Pro-Voice’s express written consent;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Use the Site, Services, or Content to harass, threaten, impersonate, defame, invade the privacy of, or intimidate anyone;
- Violate any applicable law or regulation, or use the Site, Service, or Content for any illegal or unauthorized purpose; or
- Encourage or enable any other individual to do any of the foregoing.
Exhale Pro-Voice will have the right to investigate and prosecute violations of any of the above. You acknowledge that Exhale Pro-Voice has no obligation to monitor your access to or use of the Site, Services or Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law. Exhale Pro-Voice reserves the right, at any time and without prior notice, to remove or disable access to the Site, Services, or any Content at its sole discretion.
Exhale Pro-Voice respects copyright law and expects its users to do the same.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Exhale Pro-Voice is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Exhale Pro-Voice of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Donation Related Transactions
Through the Site, you will be able to donate funds (“Donations”) to support further development of the Site and to facilitate Exhale Pro-Voice’s mission to provide nonjudgmental, supportive, peer Pro-Voice counseling. All online Donations will be processed through a third party payment service provider (such as Classy). If you make a Donation, such third party service provider will provide to Exhale Pro-Voice your email address and name, so that we can send you a tax related confirmation and receipt. Although all Donations will be routed back to Exhale Pro-Voice, the terms of processing your Donation will be based on the agreement between you and such designated payment service provider and not an agreement between you and Exhale Pro-Voice.
If you breach any of these Terms, Exhale Pro-Voice will have the right to suspend or disable your access to the Site or terminate these Terms, at its sole discretion and without prior notice to you. Exhale Pro-Voice reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause.
THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EXHALE PRO-VOICE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EXHALE PRO-VOICE MAKES NO WARRANTY THAT THE SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Exhale Pro-Voice MAKES NO WARRANTY REGARDING THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EXHALE PRO-VOICE OR THROUGH THE SITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold Exhale Pro-Voice, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Content, or your violation of these Terms.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT REMAINS WITH YOU. NEITHER EXHALE PRO-VOICE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EXHALE PRO-VOICE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL EXHALE PRO-VOICE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EXHALE PRO-VOICE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Exhale Pro-Voice used herein are trademarks or registered trademarks of Exhale Pro-Voice. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between Exhale Pro-Voice and you regarding the Site, Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Exhale Pro-Voice and you regarding the Site, Services and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Exhale Pro-Voice’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Exhale Pro-Voice may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Exhale Pro-Voice (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Exhale Pro-Voice to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Exhale Pro-Voice. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Exhale Pro-Voice If you have any questions about these Terms, please contact Exhale Pro-Voice at at info [@] exhaleprovoice [dot] org or at: Exhale Pro-Voice, PO Box 14562, San Francisco, CA 94114.