Terms and Conditions ("Terms")
Last updated: December 19, 2017
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://fasdsoutherncalifornia.org website operated by the FASD Network of Southern California (“Network”, "us", "we", or "our").
These Terms of Service govern your access to and use of the Services of the FASD Network of Southern California. These Services include our website, email notifications, applications, buttons, widgets, ads, commerce services, and other covered services that link to these Terms (collectively, the “Services”).
These Terms also govern your access to and use of any and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Who May Use the Services
You may use the Services only if you agree to form a binding contract with the FASD Network of Southern California and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least thirteen (13) years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.
The Services provided by or via the FASD Network of Southern California may change at our discretion. We retain the right to stop, permanently or temporarily, providing the Services or any features within the Services. We retain the right to create limits on use and storage of any Content available via our Services at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services as we see fit. If users subscribe to a Service provided via email or secure login by the Network, we retain the right to suspend or terminate their accounts and reclaim usernames without liability.
Content on the Services
You are responsible for your use of the Services and for any Content you provide to the FASD Network of Southern California. You are responsible for compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Any use of or reliance on any Content or materials posted via the FASD Network of Southern California or obtained by you through the Services of the Network is at your own risk. The Network does not represent or guarantee the completeness, truthfulness, accuracy, validity, or reliability of any Content or communications posted via the Services or endorse any opinions expressed by others via the Services.
You understand that by using the Services of the FASD Network of Southern California, you may be exposed to Content that might be offensive, inaccurate, or otherwise inappropriate for some visitors, or in some cases, postings visible via our Services that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person or organization who originated such Content. The Network may not monitor or control the Content posted by others via the Services, and we cannot take responsibility for such Content.
Copyright and Trademarks
Unless otherwise specified, all original content (logo, text, visual design, etc.) and trademarks used by the Network website is the exclusive property of the FASD Network of Southern California.
Nothing in the Terms gives you a right to use the name of the FASD Network of Southern California or any of the Network trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of the Network or its legal owners.
The FASD Network of Southern California respects the intellectual property rights of others and expects users of the Network’s Services to do the same. We reserve the right to remove Content alleged to be infringing on intellectual property rights without prior notice, at our sole discretion, and without liability to you.
The Network will respond to notices of alleged copyright infringement that comply with applicable law, and are properly provided to us. If you believe that Content you own has been copied in a way that constitutes copyright infringement, please report this by contacting us at email@example.com.
Links to Other Web Sites
Our Services may contain links to third party web sites, or to programs or services that are not owned or controlled by the FASD Network of Southern California.
The FASD Network of Southern California has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites, programs or services. You further acknowledge and agree that the FASD Network of Southern California shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or made available via any such third party web sites, programs or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites, programs or services that you visit or access.
Right to Privacy
Any feedback, comments, or suggestions you may provide regarding the Network or the Services is entirely voluntary; and the Network will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Rights to Your Content
You retain your rights to any Content you submit, post, or display on the website of or through the Services of the FASD Network of Southern California. You own your Content (including photographs and videos that you may provide as part of the Content).
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
By submitting, posting or displaying Content on Network sites or through our Services, you grant the FASD Network of Southern California a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes the Network to make your Content available to anyone, anywhere without your prior authorization or permission.
You agree that by sharing your Content to the FASD Network of Southern California, the Network has the right to provide, promote, and improve the Services of the Network; to make Content submitted to or through the Services available to other organizations or individuals for the distribution, promotion or publication of such Content on other media and services; and that this use is subject to our Terms and Conditions for such Content use.
Such additional uses by the Network or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit, or otherwise make available through the Services provided by the FASD Network of Southern California.
Safe and Appropriate Use
In consideration for the FASD Network of Southern California granting you access to and use of our Services, you agree not to misuse these Services. You may not do any of the following while accessing or using the Services:
- Access, tamper with, or use non-public areas of the Services. These include but are not limited to computer systems used by these Services, or the technical delivery systems of the providers of the Network’s Services;
- Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information
- interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
The Network also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
- Satisfy any applicable law, regulation, legal process or governmental request
- Enforce the Terms, including investigation of potential violations hereof
- Detect, prevent, or otherwise address fraud, security or technical issues
- Respond to user support requests
- Protect the rights, property or safety of the Network, its users and the public
You may need to create an account to use some of the Services available from the FASD Network of Southern California. You are responsible for safeguarding your account; always use a strong password and limit its use to this account. The Network cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You can control most communications you receive from the Services owned by the FASD Network of Southern California. The Network may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them.
If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
Ending These Terms
You may end your legal agreement with the FASD Network of Southern California at any time by deactivating your accounts (if any) and discontinuing your use of the Services.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason. These actions may be prompted by, but not limited to, a reasonable belief by the FASD Network of Southern California that:
- You have violated these Terms and other published conditions of the Network
- You create risk or possible legal exposure that could harm the Network
- Your account should be removed due to prolonged inactivity
- Our provision of the Services to you is no longer viable due to circumstances affecting the existence of the Network.
We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services.
Disclaimers and Limitations of Liability
The Services provided by the FASD Network of Southern California are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
The “Network Entities” refers to the FASD Network of Southern California, its officers, directors, volunteers, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Network Entities make no warranty or representation and disclaim all responsibility and liability for
- The completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content.
- Any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content;
- The deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and
- Whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
No advice or information, whether oral or written, obtained from the Network Entities, or through the Services of the FASD Network of Southern California, will create any warranty or representation not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NETWORK ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NETWORK ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID THE NETWORK, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE NETWORK ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The FASD Network of Southern California may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at https://fasdsoutherncalifornia.org/terms-of-service.html, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account, if any. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The laws of the State of California, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and the FASD Network of Southern California. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Los Angeles County, California, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. The Network’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and the FASD Network of Southern California, P.O. Box 595, Manhattan Beach, California 90267.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org or 760-582-1266.