Last Updated: October 1, 2014
These Terms apply to your access to, and use of, the website (the “Site”) of Abused Women’s Aid in Crisis ("AWAIC," "we" or "us"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with AWAIC.
AWAIC reserves the right to change or modify these Terms. If we make changes to these Terms, we will provide you with notice of such changes, such as by providing notice through the Site or updating the "Last Updated" date at the top of these Terms. By continuing to use the Site after such notice, you confirm your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Site.
2. Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the AWAIC logo, and all designs, text, graphics, pictures, information, data, other files and the selection and arrangement thereof (collectively, "AWAIC Materials") are the proprietary property of AWAIC and are protected by U.S. and international copyright laws.
AWAIC hereby grants you a limited, nonexclusive, non-sublicensable, nontransferable license to access and use the Site and AWAIC Materials. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or AWAIC Materials; (b) the distribution, public performance or public display of any AWAIC Materials; (c) modifying or otherwise making any derivative uses of the Site and AWAIC Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, AWAIC Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or AWAIC Materials other than for their intended purposes. Any use of the Site or AWAIC Materials other than as specifically authorized herein, without the prior written permission of AWAIC, is strictly prohibited and will automatically terminate the license granted in these Terms. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. AWAIC may revoke this license at any time.
AWAIC,” the AWAIC logo and any other AWAIC service name or slogan contained on the Site are trademarks of AWAIC, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AWAIC or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "AWAIC" or any other name, trademark or product or service name of AWAIC without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of AWAIC and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
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 AWAIC or any of our 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 a AWAIC logo or other proprietary graphic of AWAIC to link to the Site without the express written permission of AWAIC. Further, you may not use, frame or utilize framing techniques to enclose any AWAIC trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without AWAIC's express written consent.
AWAIC 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, or websites linking to the Site. Such sites are not under the control of AWAIC and AWAIC is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. AWAIC provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by AWAIC 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.
5. Third Party Content
AWAIC may provide third party content on the Site and may provide links to web pages and content of third parties (collectively, "Third Party Content") as a service to those interested in this information. AWAIC does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that AWAIC is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
6. User Content and Conduct
The Site include interactive features and areas that allow users to transmit or store content, including but not limited to testimonies or life stories (collectively, "User Content"). You understand that your User Content, if chosen to be showcased by AWAIC, is viewable by others. You agree that you are solely responsible for your User Content and for your use of such interactive areas, and that you use them at your own risk.
By using the Site, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- User Content that is untruthful, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; or
- User Content that, in the sole judgment of AWAIC, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose AWAIC or our users to any harm or liability of any type.
You further agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Site. You agree that you will abide by these Terms and will not:
- Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden or impair the functioning of the Site in any manner;
- Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from the Site for the purpose of sending spam or other commercial messages;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;
- Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
- Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Site that you are not authorized to access;
- Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Develop any third-party applications that interact with User Content and the Site without our prior written consent; and
- Use the Site for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Site.
7. Rights in User Content
You retain all ownership rights in the User Content you submit to AWAIC. By submitting User Content on the Site, you grant AWAIC a nonexclusive, royalty-free, transferable, worldwide and fully sublicensable right to use, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on and off the site for various purposes, including, but not limited to promoting AWAIC’s services.
By submitting User Content to the Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Site; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule or regulation.
You acknowledge and agree that any materials, including, but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding AWAIC, the Site and the services we provide (collectively, "Feedback") are non-confidential and shall become the sole property of AWAIC. AWAIC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to defend, indemnify and hold harmless AWAIC and our officers, agents, partners, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents (collectively, the “AWAIC Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Site; (b) any Feedback or User Content you provide; (c) any assistance or services provided by the AWAIC Parties; (d) your violation of these Terms or (e) your violation of the rights of any third party.
THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AWAIC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. AWAIC DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE MATERIALS THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. AWAIC DOES NOT REPRESENT OR WARRANT THAT THE SITE OR AWAIC’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
AWAIC reserves the right to change any and all content contained on the Site and to modify, suspend or discontinue the Site or any features or functionality of the Site at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by AWAIC.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL AWAIC OR THE AWAIC PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, 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 OR INABILITY TO USE THE SITE OR THE CONTENT OR THE MATERIALS CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM AWAIC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AWAIC'S RECORDS, PROGRAMS OR SERVICES AND (B) IN NO EVENT SHALL
THE AGGREGATE LIABILITY OF AWAIC EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO AWAIC FOR ACCESS TO OR USE OF THE SITE.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH AWAIC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AWAIC. You and AWAIC agree to arbitrate any dispute arising from these Terms or your use of the Site, except that you and AWAIC are not required to arbitrate any dispute in which either party seeks equitable and or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and AWAIC agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Anchorage, Alaska; and (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND AWAIC WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
13. Governing Law
The laws of the State of Alaska, excluding its conflicts of law rules, govern your access to and use of the Site. Your access to and use of the Site may also be subject to other local, state, national or international laws. To the extent the arbitration provision in Section 12 does not apply, you further agree that all disputes arising under these Terms that cannot be settled through information negotiation will be resolved exclusively in the United States District Court for the District of Alaska or a state court located in Anchorage, Alaska, and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating all such claims.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to use the Site, or any portion thereof, and to block or prevent your future access to and use of the Site or any portion thereof.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding these Terms or the Site, please contact us at firstname.lastname@example.org.