TERMS & CONDITIONS

WWW.THRIVESURVIVE.ORG

TERMS AND CONDITIONS OF USE

THIS SITE AND RELATED PROGRAMS ARE PROVIDED IN CONSIDERATION OF AND SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE SERVES AS YOUR UNCONDITIONAL AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN AS WELL AS ANY OTHER POSTED RULES OR GUIDELINES CONTAINED ON THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

 

I.               RESTRICTIONS ON USE

 

All pages within this website (www.thrivesurvive.org) and any material made available for download (collectively the “Site”) are the sole property of THRIVE/SURVIVE LOS ANGELES a Project of The Giving Back Fund, Inc. (referred to herein for convenience as “THRIVE/SURVIVE”). The Site is protected by federal and international laws governing copyrights, trademarks, service marks, patents and/or other proprietary rights, and nothing contained herein shall be construed as granting any ownership rights whatsoever in the Site to any user hereof. No portion of the materials on any pages of the Site may be reprinted, republished, modified or distributed in any form without the express written permission of THRIVE/SURVIVE. This Site is for your own personal use. You shall keep intact any and all proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end-user license agreements.  For the purposes of these Terms and Conditions (“Terms and Conditions”), “content” shall mean any information, communications, photos, videos, graphics, music, sounds, text, logos, images, button icons and any and all other material that can be viewed by users of the Site.  By visiting this Site, and thereby accepting the Terms and Conditions hereof, all users agree that all Content presented to users of the Site is the property of THRIVE/SURVIVE and its content suppliers.

 

Any rights not expressly granted by these Terms and Conditions, Privacy Policy and Security Policy (collectively the “Terms and Conditions”) are expressly reserved by THRIVE/SURVIVE.  These Terms and Conditions govern your access to and use of this Site and various online resources THRIVE/SURVIVE makes available to donors, volunteers and all others users of the Site individually called a “User” collectively called “Users.”

 

From time to time we may revise or modify these Terms and Conditions by posting revisions through a link on the Site.  Whether or not we provide notice to you of such revisions or modifications, you will be bound by the revised or modified Terms and Conditions for all subsequent uses of this Site after such modifications have been made.  As such, you are advised to review the Terms and Conditions prior to your use of the Site and if you do not agree to any of the Terms and Conditions set forth herein, you may not use this Site.

 

II.             TRADEMARK NOTICE

 

THRIVE/SURVIVE and all related marks are the logos, trademarks and service marks of THRIVE/SURVIVE. All other trademarks, service marks and logos used on this Site are the trademarks, service marks or logos of their respective owners.

 

III.           DISCLAIMERS AND RELEASE

 

NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS AND CONDITIONS OR THE SITE, BY USING THE SITE, EACH USER AGREES THAT HE OR SHE UNDERSTANDS AND ACKNOWLEDGES THAT HE OR SHE SHOULD CONSULT WITH HIS OR HER MEDICAL PROFESSIONAL CONCERNING ANY HEALTH CONCERNS OR ISSUES THAT HE OR SHE MAY HAVE AND THAT NOTHING ON THE SITE IS INTENDED TO BE NOR SHOULD IT BE CONSTRUED AS BEING MEDICAL ADVICE NOR ARE ANY OF THRIVE/SURVIVE’S OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS OR AGENTS MEDICAL DOCTORS.  FURTHER, EACH USER OF THE SITE AGREES AND ACKNOWLEDGES THAT HE OR SHE IS USING THE SITE AT HIS OR HER OWN RISK AND THAT THRIVE/SURVIVE MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER CONCERNING THE ACCURACY OF THE INFORMATION OR OPINIONS PROVIDED ON THE SITE, INCLUDING BUT NOT LIMITED TO THOSE PROVIDED BY OTHER USERS THEREOF.

TO THE EXTENT ANY USER OF THE SITE COMMUNICATES WITH ANOTHER USER OF THE SITE, WHETHER THROUGH THE SITE, VIA TELEPHONE OR EMAIL, OR OTHERWISE, EACH WARRANTS AND REPRESENTS THAT HE OR SHE HAS CHOSEN TO DO SO AT HIS OR HER OWN RISK AND HEREBY ACKNOWLEDGES THAT THRIVE/SURVIVE MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING ANY OTHER USER OF THE SITE AND SHALL NOT BE RESPONSIBLE FOR ANY SUCH COMMUNICATIONS OR MEETINGS.

THE OPINIONS AND COMMENTS EXPRESSED BY USERS OF THE SITE ARE IN NO WAY INDICATIVE OF THE OPINIONS OR ENDORSEMENT OF THRIVE/SURVIVE NOR SHOULD ANY SUCH OPINIONS OR COMMENTS BE SO IMPUTED TO THRIVE/SURVIVE.  THRIVE/SURVIVE MAKES NO WARRANTIES OR REPRESENTATIONS THAT ANY INFORMATION, REFERRALS, OPINIONS OR RECOMMENDATIONS PROVIDED ON THE SITE WILL BE BENEFICIAL TO THE HEALTH OF ANY USER.

TO THE FURTHEST EXTENT PERMISSIBLE BY LAW, EACH USER HEREBY RELEASES THRIVE/SURVIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS AND VOLUNTEERS FROM ANY AND ALL LIABILITY FOR DAMAGE TO OR LOSS OF HIS OR HER PERSONAL PROPERTY, SICKNESS OR INJURY FROM ANY SOURCE, DEATH OR LOSS OF MONEY ARISING OUT OF HIS OR HER USE OF THE SITE.  FURTHER, EACH USER HEREBY AGREES AND ACKNOWLEDGES THAT THIS RELEASE IS A VALID AND BINDING CONTRACT AND HE OR SHE AGREES TO BE BOUND BY THE CONTENTS HEREOF.

 

A. Warranty Disclaimer

 

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND HYPERLINKED WEBSITES.  BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS AND THE USE OF THE SITE IS AT YOUR OWN RISK.  YOU FURTHER AGREE AND ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THRIVE/SURVIVE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED.

 

THRIVE/SURVIVE, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

 

B. Disclaimer of Liability

 

This disclaimer of liability applies to any damages or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action. Each User specifically acknowledges that THRIVE/SURVIVE is not liable for such User’s defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and THRIVE/SURVIVE reserves the right to remove any opinions, photographs, recommendations, comments and/or other materials, whether posted by THRIVE/SURVIVE or other Users, from the Site without liability.

 

C. Disclaimer – Currentness of Information

 

THRIVE/SURVIVE makes no guarantees whatsoever as to the correctness or accuracy of the Site or any information contained thereon, including but not limited to that posted by Users thereof. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. Information contained on the Site may be changed or updated without notice.

 

THRIVE/SURVIVE reserves the right to make changes and improvements to the Site at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies.

 

D. Disclaimer—Site content copyrighted

 

The content of the Site pages, including, but not limited to text, graphics and icons, are copyrighted materials owned or controlled by THRIVE/SURVIVE and contain THRIVE/SURVIVE’s intellectual property.   No permission is granted to any User to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter or modify these materials. No permission is granted here to any User to use such intellectual property, Site address, or other means to hyperlink other internet sites with any page on the Site, and THRIVE/SURVIVE assumes no responsibility for any other party’s site hyperlinked to the Site or in which any part of the Site has been hyperlinked.

 

THRIVE/SURVIVE grants each User a limited license for the Site for his or her personal and noncommercial use in connection with his or her visit.  Each User’s use of this Site is subject to all applicable laws and regulations.  No User is permitted to modify or download any portion of the Site without the express, written consent of THRIVE/SURVIVE.  Except as expressly provided for in these Terms and Conditions, none of the content of the Site may be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed for any purpose without the express, written consent of THRIVE/SURVIVE.

 

E. Disclaimer—No responsibility for links

 

The Site may contain links to and frames of sites which are not maintained by THRIVE/SURVIVE.   However, THRIVE/SURVIVE is not responsible for the content of those sites and cannot guarantee that sites will not change without THRIVE/SURVIVE’s knowledge, and inclusion of such links and frames on the Site does not imply THRIVE/SURVIVE’s endorsement of the linked or framed sites or their content.

 

THRIVE/SURVIVE is under no obligation to investigate or examine such third-parties or external websites and hereby makes no warranties and/or representations whatsoever about any of such unrelated third party entities or persons, or the external websites that a User may access through the Site.  Any and all external websites are owned and operated by independent third-parties and are not under the control of THRIVE/SURVIVE.  THRIVE/SURVIVE encourages Users to be cautious when leaving the Site and to read the terms and conditions of each and every external website.  Your visit to any such site(s) is at your own risk.

 

F. Disclaimer—Nonendorsement

 

Reference to any specific medical providers, products, processes, treatments or services by trade name, trademark, manufacturer, or otherwise does not constitute or imply its endorsement, recommendation or favoring by THRIVE/SURVIVE, nor shall any comments or information posted by other Users of the Site be deemed to constitute or imply THRIVE/SURVIVE’s endorsement thereof.

 

G. Donations

 

All donations to THRIVE/SURVIVE made through the Site are contributed as unrestricted donations and are not made with any donor restrictions or conditions.  The Giving Back Fund, Inc. is a nonprofit organization, qualified under Section 501(c)(3) of the United States Internal Revenue code, EIN # 04-3367-888.  Any and all payments of donations to The Giving Back Fund, Inc. through the Site are non-refundable and final.   You are expressly made aware that nothing contained herein shall be construed as tax or legal advice, and that THRIVE/SURVIVE does not provide tax or legal advice.  As such, you are encouraged to work directly with your tax and/or legal professionals regarding any specific tax or legal questions you might have about your donation.  THRIVE/SURVIVE will provide a donation receipt in e-mail or other written form stating the amount donated and information concerning the organization.

 

IV.           CONFIDENTIAL AND PROPRIETARY INFORMATION

 

THRIVE/SURVIVE does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to THRIVE/SURVIVE through the Site will be deemed NOT to be confidential. By sending THRIVE/SURVIVE any information or material, you grant THRIVE/SURVIVE an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that THRIVE/SURVIVE is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

 

Please review the below Privacy Policy, which is incorporated herein by this reference for more information regarding the terms governing your visit to the Site.

 

V.             LINKS TO OUR SITE

 

If a User desires to provide a hyperlink from his, her or its website to our Site, he, she or it hereby expressly agrees to these Terms and Conditions.  Notwithstanding the posting of a link to this Site on any third party website, THRIVE/SURVIVE retains all rights in this Site, including, but not limited to its intellectual property rights, which shall include but shall not be limited to any and all current and future worldwide trademarks, patents and patent rights, utility models, copyrights, mask work rights, trade secrets and all other intellectual property rights and the related documentation or other tangible expression thereof.

 

VI.           LINKS OR POINTERS TO OTHER SITES

 

THRIVE/SURVIVE makes no representations whatsoever about any other website that a User may access though this Site whether posted by THRIVE/SURIVE or by another User. When a User accesses a non THRIVE/SURVIVE website, he or she warrants and represents that he or she understands that such website is independent from THRIVE/SURVIVE and the Site and that THRIVE/SURVIVE has no control over the content on such third party independent websites.  In addition, a hyperlink to a non-THRIVE/SURVIVE website does not mean that THRIVE/SURVIVE endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to each User to take precautions to ensure that whatever he or she selects for his or her use or download is free of such items as viruses, worms, trojan horses and other items of a destructive nature. THRIVE/SURVIVE is under no obligation to investigate or examine such third-parties or external websites and hereby makes no warranties and/or representations whatsoever about any of such unrelated third party entities or persons, or the external websites that you may access through the Site.  Any and all external websites are owned and operated by independent third-parties and are not under the control of THRIVE/SURVIVE.  THRIVE/SURVIVE encourages Users to be cautious when leaving the Site and to ALWAYS read the terms and conditions of third party websites.

 

VII.         COPYRIGHTED MATERIALS

 

A.    Introduction

 

THRIVE/SURVIVE has invested significant resources to create text, images and other materials. These materials are protected under copyright laws of the United States and of other countries worldwide. To protect its investment, THRIVE/SURVIVE diligently guards against infringement of its copyrighted materials.

 

B.    Copyright

 

Modification of THRIVE/SURVIVE’s copyrighted materials without explicit written permission for commercial use constitutes infringement. Without written permission from THRIVE/SURVIVE, a User may not make any unauthorized reproduction or engage in distribution of THRIVE/SURVIVE’s copyrighted materials, which include, but are not limited to, materials such as publications, Site content, diagrams, photos, videos, images, and graphics published by THRIVE/SURVIVE in any format. It is THRIVE/SURVIVE’s policy to enforce its copyrights against any third party who infringes on its copyright.   As such, each User warrants and represents that he or she will not:  (1) directly or indirectly copy, reproduce or distribute any of THRIVE/SURVIVE’s materials (including Site pages) or any part of the text or graphics from those materials; (2) directly or indirectly modify or create derivative works of any of THRIVE/SURVIVE’s materials; (3) create materials that look as though they originated from or are endorsed by THRIVE/SURVIVE; (4) imitate the color or visual appearance of THRIVE/SURVIVE’s materials and/or products; (5) use THRIVE/SURVIVE’s icons as graphical design elements in his or her materials; or (6) distribute THRIVE/SURVIVE’s work for sale, rental or other disposition.

 

C.    Copyright Permission Requests

 

To request permission to use THRIVE/SURVIVE’s copyrighted material, please e-mail us at nico@thrivesurvive.org.

D.   Disclaimer

 

These Terms and Conditions, including but not limited to the foregoing concerning copyright and intellectual property rights, are not intended to serve as legal advice nor should they be construed as such. Should a User have questions regarding his or her legal rights or duties, he or she has the right and opportunity to consult with a legal professional and should refrain from using this Site until he or she has done so, at his or her discretion.

 

VIII.        CHOICE OF LAW AND VENUE

VIII.

These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules.

 

IX.           SEVERABILITY; WAIVER

 

In the event that any provision of these Terms and Conditions is found to be inconsistent with or is in contravention of any international, federal, state or local law, then such federal, state or local law shall preempt such provision of these Terms and Conditions.  Notwithstanding the foregoing, if any provision of these Terms and Conditions, or any portion thereof, is so preempted, the remainder of these Terms and Conditions shall nevertheless remain in full force and effect and the preempted provision shall be replaced with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the preempted provision.  No failure or delay of THRIVE/SURVIVE in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.

 

X.             ARBITRATION

 

In any dispute arising out of the use of this Site, if the parties cannot resolve the same, such dispute shall be submitted by either party to arbitration in accordance with the rules and procedures of the American Arbitration Association in Los Angeles County, California.  All parties shall initially share the cost of arbitration, but the prevailing party may be awarded attorney fees, costs, and other expenses of arbitration. All arbitration decisions shall be final, binding and conclusive on the parties to arbitration, and legal judgment may be entered based upon such decision in accordance with applicable law in any court having jurisdiction to do so.  Notwithstanding the above, neither party shall be prevented from obtaining injunctive or other equitable relief from a court of competent jurisdiction pending the resolution of a dispute through mediation or arbitration.

 

XI.           TERMINATION OF USE

 

Each User hereby expressly agrees and acknowledges that THRIVE/SURVIVE may, in its sole discretion, terminate or suspend access to all or part of this Site, at any time, with or without notice, and for any reason, including, without limitation, breach of these Terms and Conditions.  Notwithstanding anything else contained herein, suspected fraudulent, abusive or illegal activity will be grounds for terminating such use at any time and may be referred to appropriate law enforcement authorities.

 

XII.         AMENDMENTS

 

THRIVE/SURVIVE reserves the right, in its sole and unfettered discretion, to revise these Terms and Conditions at any time and for any reason, including but by no means limited to for the purpose of correcting any errors or omissions to any portion of this Site.  To be clear, the content and/or materials of the Site may by changed, modified, added, removed or updated at any time and without notice.  Notwithstanding the foregoing, THRIVE/SURVIVE is under no obligation to update or otherwise change the content and/or materials of the Site.  Each User agrees that his or her continued use of the Site after any changes made by THRIVE/SURVIVE will be considered an unequivocal acceptance of those changes.

 

XIII.       ENTIRE AGREEMENT

 

These Terms and Conditions constitute the entire agreement concerning the use of the Site. In its sole discretion, THRIVE/SURVIVE may modify these Terms and Conditions by posting the revised version on this Site.  Each User’s continued use after such amendment shall be deemed an unequivocal agreement to such changes by said User.

 

XIV.       INDEMNIFICATION

 

By using this Site and agreeing to the these Terms and Conditions, each User hereby agrees that he or she will defend, indemnify and hold THRIVE/SURVIVE harmless from any and all damages, liabilities, costs and expenses (including, but not limited to reasonable attorneys’ fees) incurred by THRIVE/SURVIVE as a result of any such User’s breach of the agreements, representations and/or warranties or any other part of these Terms and Conditions.  THRIVE/SURVIVE shall be entitled to its choice of counsel to represent it with respect to any such damages, liabilities, costs and expenses.

 

XV.         NO UNLAWFUL OR PROHIBITED PURPOSE

 

As a condition to the use of this Site, each User warrants and represents to THRIVE/SURVIVE that he or she will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.