Terms of Use of Meningioma Companion website MeningiomaCompanion.com

 

1. BINDING EFFECT. This Terms of Use states the terms and conditions which govern the use of the Meningiomacompanion.com. Use of this website and information distributed in conjunction with this website is offered to you on your acceptance of Company’s Terms of Use, its Privacy Policy and other notices posted on this website. Your use of Company’s website, any content/information presented in any and all areas of the website, and/or services provided in connection with Company’s website (collectively “Website”) indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this Website.

 

If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our information, services, or the Website. We suggest you print a copy of each of these documents for your records.

 

2. PLACEMENT AGENCIES PROHIBITED. Under no circumstances are owners, agents, affiliates or employees of employment agencies or placement agencies of any kind allowed to make any use of the Website, including, but not limited to, registering directly or indirectly with the service (e.g. Neither as an employer nor as a domestic personnel candidate).

3. YOUR OBLIGATION AND USE. In consideration of your use of the Website, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by the Website; (b) maintain and promptly update the Registration Data, and any information you provide to Company, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Website and Registration Data.

 

You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website. You are entirely responsible for all information that you upload, post or otherwise transmit via the Website, and any consequences arising therefrom.

 

Unless otherwise specified, your use of this Website is solely for your own personal, non-commercial use. As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use Company’s Website in any manner that could damage, disable, overburden, or impair any Company server, or the network(s) connected to Company server, or interfere with any other person’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

 

Company specifically prohibits and you agree that when using the Website, you will not:

  • Use the Website for purposes of resale, distribution, public display or performance, or any other uses in any form or manner whatsoever not expressly provided by Company;

  • Solicit, divert, or attempt to solicit or divert from Company any customer, client, account or business of the Company, including, but not limited to, advertise or offer to sell or buy any services for any business purpose other than for Company, use, download or otherwise copy, or provide (whether or not for a fee) to an unauthorized person or entity any directory of users of the Website or other user or usage information or any portion thereof, or post contact information in open text fields;

  • Restrict, inhibit, interfere with, or attempt to restrict, inhibit, or interfere with service of the Website to any user, host, or network, including, but not limited to, uploading files that contain software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • Post information that is knowingly false, misleading, or inaccurate, including, but not limited to, posting incomplete, false or inaccurate information about yourself, impersonating any other person, or otherwise creating a false identity for the purpose of misleading others;

  • Falsify, delete, or modify any information posted by another person;

  • Violate or attempt to violate any security features of the Website, including, without limitation, (a) accessing content or data not intended for you, logging onto a server or account that you are not authorized to access, or providing access to an unauthorized person; (b) using the Website to send unsolicited e-mail; or (c) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Website.

  • Publish, post, upload, distribute or disseminate any information that is inappropriate, profane, defamatory, obscene, pornographic, indecent, discriminatory, threatening, abusive, hateful, libelous, unlawful, or otherwise objectionable to Company or other users of the Website;

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of Company or others, including, but not limited to, intellectual property rights, rights of privacy, publicity, or other proprietary or personal rights;

  • Advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or foreign law or regulation (including, but not limited to, immigration laws, employment laws, securities laws, intellectual property laws, export laws, and technology transfer laws).

 

Company reserves the right (but does not assume the responsibility) to review information posted to the Website and to delete any information which it considers, in its sole discretion, unauthorized, unlawful, or detrimental to the Company or to any other person. Company reserves the right to terminate your access to the Website (in whole or in part) at any time, without notice, for any reason whatsoever.

           

Any violation of these Terms of Use, our Privacy Policy, and other notices posted on this Website may subject you to civil and/or criminal liability, and you agree that Company will be irreparably injured and may obtain a court order without necessity of posting a bond to enjoin you from further action.

Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use, our Privacy Policy, other notices, or of any applicable laws. Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Website, in Company's sole discretion. 

 

4. INDEMNIFICATION BY USER. You agree to indemnify, defend and hold harmless Company, its affiliates, business partners, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, demands, damages, or and/or costs (including reasonable attorneys’ fees and costs) arising from your access to or use of the Website (including any use by you on behalf of any other person or entity), breach of these Terms of Use, our Privacy Policy, and other notices, and/or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any information you provide or transmit, or that is provided or transmitted using this Website. The burden of proving that any information does not violate any laws or third party rights rests solely with you.

 

Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

 

5. DISCLAIMER. The Website is offered solely as support venue and resource center. Company does not screen prospective candidates or prospective employers. Company does not review or endorse the truth, accuracy, reliability, integrity or quality of any information posted in the Website, the character of the user/member of this Website, or any services exchanged as a result of such activities. You agree and acknowledge that your reliance on any material or information posted by other users/members will be at your own risk. Company strongly urges you to perform your own screening and investigation of any persons with whom you come into contact with through the Website.

 

You acknowledge and agree that each user/member of this Website, including yourself, is solely responsible for (1) their respective information posted on the Website; and (2) the consequences resulting from any such postings. You and other users/members of this Website are solely responsible for all aspects of any transactions that may occur, including, without limitation, the accuracy and legality of such listings and communications exchanged, the selection of employers or employees, service agreements, and the performance or non-performance of any resulting agreement. You agree and acknowledge that Company is not a party to any exchange of information, negotiations, or any subsequent agreements for services.

 

Company has no control over the safety, quality, or legality of the information and engagements taking place on this Website; the ability of people to participate and provide truth, and accuracy is unknown. You assume all risks associated with dealing with others with whom you come in contact with through this Website. These risks include, without limitation, the risk of physical harm, of dealing with strangers, people acting under false pretenses, foreign nationals, or underage persons.

 

Company hereby disclaims all warranties. Your use of the Website is at your sole risk unless otherwise explicitly stated. The Website, including the information, services and content is provided on an "as is" "as available" and "with all faults" basis. You assume the risk of any and all damage or loss from use of, or inability to use, the Website. To the maximum extent permitted by law, Company expressly disclaims any and all express or implied conditions, representations, and warranties of any kind, including, but not limited to, any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement.

 

Company makes no representations, warranties, conditions or guarantees that (1) the information provided by users of the Websites are accurate, truthful, complete or reliable; (2) the Website or the quality of any services, content, information, or other material obtained from the Website will meet your expectations or requirements; or (3) the operation of the Website of the service will be uninterrupted or error-free.

 

6. LIMITATION OF LIABILITY. To maximum extent permitted by law, you hereby fully and completely, irrevocably and unconditionally, expressly release and forever discharge Company for, and acknowledge and agree that in no event shall Company be liable for damages of any kind (including, but not limited to, special, incidental, punitive, exemplary, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the Website. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. In providing the general release you hereby waive any and all rights you may have pursuant to California Civil Code § 1542 which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.

7. PRIVACY POLICY. You consent to the collection, processing and storage by Company of your personal information in accordance with the terms of Company 's Privacy Policy, which is available by clicking on the “Privacy Policy" hypertext link located at the bottom of our Web pages. Company’s privacy policy is expressly incorporated into this Agreement by this reference. You agree to comply with all applicable laws and regulations, and the terms of Company 's Privacy Policy, with respect to any access, use and/or submission by you of any personal information in connection with this Website.

 

8. COMPANY’S PROPRIETARY RIGHTS. All content, information, data, software, images, video clips, music, links, logos, materials, communications, software applications, digital products, updates and features of this Website (“Intellectual Property”), individually and as a collective work, are copyrighted, trademarked, and/or protected by other intellectual property rights owned exclusively by Company. The name “MenigiomaCompanion.com” and other names appearing herein are the trademarks or registered trademarks of the Company. We reserve all rights not specifically granted to you in the Intellectual Property. This means permission to use the Website and related intellectual property rights will be narrowly interpreted by a court in our favor. Except as specifically authorized in the Terms of Use, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, distribute, sell, publicly display or perform any Intellectual Property from this Website or otherwise use any such Intellectual Property in any manner for any public or commercial purpose, or for any use not expressly stated by Company.

 

9. USER CONTENT. In order to use this Website, you will be required to provide Company with certain information, including, but not limited to, name, contact information, qualifications and/or preferences (“User Information”). Company does not claim ownership of the User Information or any materials you place on the Website (“Content”) and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, or in Company 's Privacy Policy, any Content you provide in connection with this Website shall be deemed to be provided on a non-confidential basis. Company shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant Company and all other users/members of the Website an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among Company, its affiliates, and third-party providers of any information that you may provide on the Website. You will not be compensated for any Content.

 

10. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Website, your use of the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any information you provide or transmit, or that is provided or transmitted using your access. The burden of proving that any information does not violate any laws or third party rights rests solely with you.

 

11. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement relating to the Website. Company has adopted a policy that provides for the immediate suspension and/or termination of any Website user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company  with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement, under penalty of perjury, that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:

 

            Attn: Copyright Infringement Agent

            meningiomacompanion@gmail.com

            Phone: 424-239-9366

 

12. TERMINATION. Company reserves the right, at its sole discretion, to terminate your use of the Website. To ensure that Company provides a high quality experience for you and for other users of the Website, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Website. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account, or your use or access to the Website immediately, with or without notice to you, and without liability to you, if Company believes, in its sole discretion, that you have violated any of the Terms of Use, our Privacy Policy and other notices, furnished Company with false or misleading information, or interfered with use of the Website by others.

 

13. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Website. Because neither Company nor the Website has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

 

14. GOVERNING LAW. Company makes no claims that the Website may be lawfully viewed or downloaded outside the United States. Accessing the Website out of the United States is done at you own risk and you are responsible for compliance with all applicable laws. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, USA in all disputes arising out of or related to the use of the Website or services.

 

15. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

 

16. NO LICENSE. Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

 

17. CALIFORNIA USE ONLY. The Website is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Website should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

 

18. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Website; and (c) discontinue the Website at any time. Company shall post any revision to these Terms of Use on the Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following posting of any revision, you shall abide by any such revision.

 

19. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

 

20. NO REFUNDS. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO ANY REFUNDS.

© 2020 by Angel Jones, Meningioma Companion