TERMS AND CONDITIONS
If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect. This Agreement constitutes the entire Agreement between you and UPLIFT WITH KINDNESS CAMPAIGN applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement. Anything on the Web site inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.
Information on this Web site does not Constitute Professional Advice
All data, information, text, graphics, links and other material on this Web site are provided as a convenience to our site visitors. It is for general informational and educational purposes only. Information provided here is not intended to serve as professional advice and is not to be used to address serious health issues. Information provided on the site does not constitute the provision or practice of professional health care advice or services.
We may change, add, or remove some or all of the content on this website at any time. In addition, please note that although our goal is to provide accurate information, certain information that may be offered through this website may not be accurate or up to date.
You should consult your physician or other qualified health care provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on the information contained on this site or other Web sites linked to or from it.
YOUR USE AND ALL ACCESS TO THIS WEB SITE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. NEITHER UPLIFT WITH KINDNESS CAMPAIGN NOR ANY OF ITS LICENSORS OR CONTENT PROVIDERS, OR ANY OF THE FOREGOEING'S OWNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (INCLUDED AS "UPLIFT WITH KINDNESS" IN THIS SECTION AND THE SECTIONS ON LIMIT OF LIABILITY AND INDEMNITY) MAKES ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF ANY MATERIALS ON THE SITE OR ON ANY OTHER SITES LINKED TO OR FROM IT. WHEREAS UPLIFT WITH KINDNESS CAMPAIGN STRIVES TO PRESENT TIMELY AND ACCURATE INFORMATION, IT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS INFORMATION IS FREE OF ERRORS OR OMISSIONS THAT MAY BE CONSIDERED MATERIAL. UPLIFT WITH KINDNESS CAMPAIGN DOES NOT WARRANT THE COMPLETENESS OR CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER MATERIALS PROVIDED THROUGH THE WEB SITE. UPLIFT WITH KINDNESS CAMPAIGN WILL NOT BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED ON THE WEB SITE. EXCEPT FOR INFORMATION, PRODUCTS OR SERVICES CLEARLY AND SPECIFICALLY IDENTIFIED AS BEING SUPPLIED OR ENDORSED BY UPLIFT WITH KINDNESS, UPLIFT WITH KINDNESS CAMPAIGN DOES NOT ENDORSE ANY PRODUCTS OR SERVICES THIS WEB SITE OR OTHER WEB SITES LINKED TO OR FROM IT.
THE INFORMATION CONTAINED ON OR PROVIDED BY THIS WEB SITE IS FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. ALL MATERIAL ON THE WEB SITE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UPLIFT WITH KINDNESS CAMPAIGN IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM RELIANCE ON THE INFORMATION OR OTHER CONTENT POSTED ON THIS SITE OR FROM SITES LINKED TO OR FROM THIS SITE. UPLIFT WITH KINDNESS CAMPAIGN DOES NOT WARRANT THAT THE USE OF THIS SITE WILL BE UNINTERRUPTED AND, ALTHOUGH UPLIFT WITH KINDNESS CAMPAIGN RUNS CERTAIN VIRUS PROTECTION PROGRAMS ON THIS SITE, IT CANNOT GUARANTEE THAT THIS SITE IS FREE FROM VIRUSES OR OTHER CONTAMINANTS THAT MAY DAMAGE YOUR COMPUTER OR ITS DATA.
LIMIT OF LIABILITY
UPLIFT WITH KINDNESS CAMPAIGN IS NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE, SERVICES, AND ALL CONTENT IS TO STOP USING THE WEB SITE AND CONTENT.
By visiting this web site, you agree to defend, indemnify, and hold harmless, and release and waive any and all claims against, UPLIFT WITH KINDNESS, and any affiliated UPLIFT WITH KINDNESS CAMPAIGN entity including, its officers, directors, employees and agents from and against all claims, actions, demands, liabilities, judgments and settlements, including, without limitation, from any direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of this Web site, including, without limitation, any economic harm, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have previously advised UPLIFT WITH KINDNESS CAMPAIGN of the possibility of such claim.
You further agree to defend, indemnify, and hold UPLIFT WITH KINDNESS CAMPAIGN harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach of this Agreement or your use or misuse of the content or Web site.
This Web site is owned and operated by UPLIFT WITH KINDNESS. The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the Web site and materials contained on the Web site are either owned by UPLIFT WITH KINDNESS, are licensed to it, or are used with permission. UPLIFT WITH KINDNESS CAMPAIGN and its licensors retain and reserve all proprietary rights to the contents of this Web site.
You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from UPLIFT WITH KINDNESS. UPLIFT WITH KINDNESS CAMPAIGN grants you a limited, revocable, non-transferable, license to link to, view, download, use, display and print a single copy of the materials found on this Web site only for personal, noncommercial and informational purposes, unless otherwise indicated, as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with UPLIFT WITH KINDNESS CAMPAIGN or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: "Copyright (c) 2018 UPLIFT WITH KINDNESS CAMPAIGN. All rights reserved." Any other use of the Web site or the information contained here is strictly prohibited. UPLIFT WITH KINDNESS CAMPAIGN may terminate the above license at any time for any reason. If you breach any of these Terms, your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this web site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control..
In the event you choose to provide UPLIFT WITH KINDNESS CAMPAIGN with any questions, comments, suggestions, ideas, or similar communications, all such messages (collectively, "Feedback Messages") will be considered non-personal, non-confidential, and non-proprietary. You hereby grant UPLIFT WITH KINDNESS CAMPAIGN a perpetual, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit, and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein without restriction or compensation
UPLIFT WITH KINDNESS CAMPAIGN names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of UPLIFT WITH KINDNESS. All rights are reserved. You are not authorized to use any UPLIFT WITH KINDNESS CAMPAIGN name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of UPLIFT WITH KINDNESS. All other trademarks appearing on the Web site are the property of their respective owners.
Restrictions on Use of this Web site
(a) not to distribute text or graphics to others except as permitted by the above license without our express prior written consent;
(b) not to distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell, or other use Web site content without our express prior written permission;
(c) not to use this Web site or content in any way not explicitly permitted by these Terms or the text of the Web site itself;
(d) Not to take any action intended to interfere with the operation of this Web site;
(e) not to access or attempt to access any portion of this Web site to which you have not been explicitly granted access;
(f) not to directly or indirectly authorize anyone else to take actions prohibited in this section; and
(g) to comply with all applicable laws and regulations while using this Web site or the Content.
The online Event Calendar provides a listing of UPLIFT WITH KINDNESS CAMPAIGN-related meetings, trainings, online webinars and conference events targeted to both professional and lay audiences. UPLIFT WITH KINDNESS CAMPAIGN does not guarantee access to any event and reserves the right to cancel any event at any time for any reason. Notice of event cancellations will be posted on the Event Calendar. Whereas UPLIFT WITH KINDNESS CAMPAIGN will attempt to send notices of event cancellations to any events that have required online registration by sending email to the address provided upon registration, it is each registrant's responsibility to confirm that a specific event is going forward.
Jurisdiction and Venue:
Information provided on the UPLIFT WITH KINDNESS CAMPAIGN Web site is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.
This Web site is a service provided by UPLIFT WITH KINDNESS CAMPAIGN and does not constitute any contact with any jurisdiction outside the State of Georgia. Use of this Web site is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Web site illegal. Users in such jurisdictions visit and use this Web site entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive venue and exclusive remedy provisions and the warranty disclaimers.
This Agreement is entered into and performed in the State of Georgia, United States of America. It is governed by and shall be construed under the laws of Georgia, exclusive of any choice of law or conflict of law’s provisions.
Arbitration; Prohibition on Class Actions
Any dispute, claim or controversy arising out of or relating to the Website or this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Georgia before three arbitrators. The arbitration shall be confidential, final, binding, and administered by American Arbitration Association pursuant to its then-current rules and procedures. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Judgment on the award may be entered and enforced in any court having jurisdiction. In the event a party fails to proceed with arbitration, unsuccessfully challenges the award, or fails to comply with the award, the other party is entitled of costs of suit including a reasonable attorneys’ fee for having to compel arbitration or defend or enforce the award. The parties agree to arbitrate solely on an individual basis, and not part of any collective arbitration. The parties agree that any claims arising under or related to this Agreement, the Website, or the relationship between the parties shall be brought on an individual basis as described above, and neither party shall participate in any class or collective action. In the event any portion of this Agreement is deemed invalid or unenforceable, then such section is deemed severed and then the remaining portions will remain in full force and effect.
Requests for Information:
The UPLIFT WITH KINDNESS CAMPAIGN Web site makes use of physical, electronic, and procedural security measures. As long as you are using a Secured Sockets Layer (SSL)-enabled browser such as Microsoft Internet Explorer or Netscape Navigator, information is transmitted over an SSL line. This encrypts your information as it travels over the Internet. UPLIFT WITH KINDNESS CAMPAIGN stores information on our secure server and uses a firewall designed to block access from the outside.
While we take all reasonable measures to protect the confidentiality of your information, no one can give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information. By submitting information to UPLIFT WITH KINDNESS CAMPAIGN, you agree that you are aware of these risks.
You agree that UPLIFT WITH KINDNESS CAMPAIGN is not responsible for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.
Links to Other Web sites:
UPLIFT WITH KINDNESS CAMPAIGN provides links to other Web sites that provide information or services which may be of help to you. UPLIFT WITH KINDNESS CAMPAIGN provides these links for your convenience only. It is not responsible for the content of these sites or the programs, agencies, or businesses they describe. UPLIFT WITH KINDNESS CAMPAIGN does not guarantee that these sites will meet your particular purposes.
Downloadable Files and Email:
UPLIFT WITH KINDNESS CAMPAIGN cannot and does not guarantee or warrant that email or files available for downloading from its Web site will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. UPLIFT WITH KINDNESS CAMPAIGN does not assume any responsibility or risk for damage to your computer or its files related to your use of the Web site.
All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.