Effective September 16, 2011
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.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
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, including doctors, 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 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 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 WMC 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 name, any Exhale trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Exhale’s express written consent;
- Access, tamper with, or use non-public areas of the Site, Exhale’s computer systems, or the technical delivery systems of EXHALE’s providers;
- Attempt to probe, scan, or test the vulnerability of any EXHALE 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 or any of EXHALE’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 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 trademark, logo URL or product name without EXHALE’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 will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. EXHALE may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that EXHALE 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 or the order or requirement of a court, administrative agency or other governmental body. EXHALE 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.
The Site may contain links to third-party websites or resources. You acknowledge and agree that EXHALE 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 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’s mission to create a social climate where each person’s unique experience with abortion is supported, respected and free from stigma. All online Donations will be processed through a third party payment service provider (such as PayPal). If you make a Donation, such third party service provider will provide to EXHALE 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, 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.
If you breach any of these Terms, EXHALE 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 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 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 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 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 OR THROUGH THE SITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold EXHALE, 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 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 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’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 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 used herein are trademarks or registered trademarks of EXHALE. 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 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 and you regarding the Site, Services and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without EXHALE’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 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 (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 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. 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 If you have any questions about these Terms, please contact EXHALE at at info [@] exhaleprovoice [dot] org or at: Exhale, PO Box 14562, San Francisco, CA 94114.