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Jaylens Challenge Foundation, Inc.
Agreement Between Jaylens Challenge Foundation and User
This is a binding agreement ("Agreement") between the Jaylens Challenge Foundtion, Inc. (JCF) and you, the user ("You" or "Your"). JCF’s Web Site, www.JaylensChallenge.Org, is offered to You conditioned on Your acceptance, without modification, of the terms, conditions, and notices contained herein. By using JCF’s Web Site, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.
No Professional Advice
The information and materials available through JCF’s Web Site, including without limitation the JCF’s services, is for informational and educational purposes only and is not a substitute for the professional judgment of health care professionals in diagnosing and treating patients. The medical, scientific and/or general information included on JCF’s Web Site may reflect innovations and opinions not universally shared and does not necessarily reflect the view of JCF.
JCF AND JCF’S WEB SITE, INCLUDING WITHOUT LIMITATION JCF’S WEB SERVICES, DO NOT GIVE MEDICAL ADVICE, OR PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. YOUR RELIANCE UPON INFORMATION AND MATERIALS OBTAINED BY YOU AT OR THROUGH JCF’S WEB SITE, INCLUDING WITHOUT LIMITATION ON JCF'S WEB SERVICES, IS SOLELY AT YOUR OWN RISK.
Usage of JCF’s Web site
As a condition of Your use of JCF's Web Site, You represent and warrant to JCF that You will not use JCF's Web Site for any unlawful purpose or in any manner prohibited by this Agreement's terms, conditions or notices.
You represent and warrant that You will not use JCF's Web Site in any manner which could damage, disable, overburden or impair JCF's Web Site or interfere with any other party's use and enjoyment of JCF's Web Site.
JCF's Web Site may contain chat areas, forums, news groups, bulletin board services and other facilities ("JCF Web Services") that permit You to communicate with other visitors. You agree to use these JCF Web Site only to post, send and receive messages and materials that are appropriate and related to the service. By way of example, and not as a limitation, You agree that when using JCF Web Site, You will not:
- Violate any applicable laws or regulations;
- Send, publish, post, upload, distribute or disseminate any information that may violate antitrust law.
- Upload information that contains material protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark (such as JCF's logo), or trade secrets, or by rights of privacy of publicity unless You own or control the rights thereto or have received all necessary consents;
- Falsify or delete author attributions, legal or other proper notices or proprietary designations indicating the origin or source of information that is uploaded or downloaded from JCF's Web Site;
- Send, publish, post, upload, distribute or disseminate any inappropriate, threatening, abusive, profane, defamatory, infringing, obscene, indecent, or otherwise objectionable materials, or any materials which encourage conduct that would constitute a criminal offense, give rise to civil liability or violate any law, or contain any advertising or any solicitation with respect to products or services;
- Bully, harass, abuse, threaten or otherwise violate any legal rights of others;
- Attack, ridicule, denounce, impugn an person's character, or impute immoral or dishonorable attributes to members on the basis of race or ethnicity, gender, age, religion, national origin, disability, or sexual orientation;
- Upload viruses, corrupted files or any other software or information that may damage the operation of another's computer or network;
- Use JCF's Web Site for commercial purposes, including, but not limited to, advertisements, promotions, offers to buy or sell goods or services, surveys, contests, pyramid schemes, or sponsorship banners;
- Use JCF’s Web Site to forward chain letters;
- Violate any of JCF's policies, guidelines or other codes of conduct which are applicable to JCF's Web Site or in particular to one of JCF's Web Services.
- Reproduce, re-transmit or re-present in any form, in whole or in part, any content, programming code, images or graphics without express written permission of JCF;
- Frame, squeeze back, overlay or employ other techniques to enclose or display the JCF Web Site, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the JCF Web Site, with any other software or content of a third party;
- Use any meta tags or any other "hidden text" utilizing the names or trademarks of JCF without its prior written consent;
- Without limiting the generality of the other restrictions set forth herein, access, monitor or copy any content or information of this Web Site using any "robot", "spider", "deep link", "scraper" or other automated means, methodology, algorithm or device or any manual process for any purpose; or
- Violate any of JCF policies, guidelines or other codes of conduct.
JCF has no obligation to screen or monitor JCF's Web Site; however, JCF reserves the right to review information or materials posted to JCF's Web Site, to remove any such information or materials in its sole discretion, and to use any other forms of information available to us by virtue of Your use of JCF's Web Site. JCF reserves the right at all times, in its sole discretion, to refuse to post, delete, move, edit or to remove any information or materials from JCF's Web Site, including without limitation any information or materials posted through use of JCF's Web Services, regardless of whether such material does or does not violate this Agreement or any of JCF's policies, guidelines, or other codes of conduct which are applicable to JCF's Web Site or in particular to one of JCF's Web Services.
JCF DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY OF JCF's WEB SERVICES, AND JCF SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO JCF’S WEB SERVICES. JCF DOES NOT ENDORSE OR OTHERWISE VERIFY THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION PROVIDED ON JCF’S WEB SERVICES UNLESS IT IS PROVIDED BY AN AUTHORIZED JCF SPOKESPERSON. ANY STATEMENTS MADE ON JCF’S WEB SERVICES REFLECT ONLY THE VIEWS OF THEIR AUTHORS, AND YOUR RELIANCE ON ANY SUCH CONTENT IS AT YOUR OWN RISK. JCF'S WEB SERVICES WILL BE MANAGED OR HOSTED BY EITHER EMPLOYEES OR MEMBERS OF JCF, WHO ARE NOT AUTHORIZED JCF SPOKESPERSONS, AND THEIR VIEWS OR ACTIONS IN MANAGING OR HOSTING JCF'S WEB SERVICES DO NOT NECESSARILY REFLECT THOSE OF JCF.
Product Information and Warranties
At JCF we advertise and offer our products and other third party products. Unless indicated otherwise, most products and services featured on the site are available directly from or through JCF's Web Site. JCF has made a conscientious effort to display and describe its products and services on JCF's Web Site accurately so that You may preview their design and use. Furthermore, JCF is constantly improving its information, products and services. Consequently, JCF cannot and does not warrant or guarantee the accuracy or completeness of the information, including prices, product images, specifications, fitness for use, reliability, availability and services. Products and services are the responsibility of the manufacturer or provider of those services and are covered by the warranties offered by such manufacturers or providers.
RECEIVING AN ORDER ACKNOWLEDGEMENT VIA E-MAIL DOES NOT GUARANTEE THE ACCEPTANCE OF AN ORDER. JCF RESERVES THE RIGHT TO LIMIT THE QUANTITY OF ITEMS ORDERED AND/OR REFUSE TO FILL AN ORDER.
ALL ITEMS PURCHASED FROM JCF ARE MADE PURSUANT TO A SHIPMENT CONTRACT. THIS MEANS THAT THE RISK OF LOSS FOR SUCH ITEMS PASS TO YOU UPON OUR DELIVERY TO THE CARRIER.
Copyright and Trademark Ownership, Notices and Infringement Copyrights:
All contents of JCF's Web Site are: Copyright ©2008-2016 JCF. All rights reserved.
JCF's Web Site and the content displayed on JCF's Web Site and all software, data and information used to provide JCF's Web Site, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents, and other intellectual property rights therein or thereto, are owned and are proprietary to JCF, its affiliate and licensees and are protected by the copyright laws of the United States and other countries. The compilation of the content on JCF's Web Site is the exclusive property of JCF and is protected by the copyright laws of the United States and other countries.
JCF does not claim ownership of the individual materials or information You may provide to JCF, including without limitation feedback, suggestions, posts, uploads, inputs, or submissions to JCF's Web Site including without limitation any of JCF's Web Services. However, if You provide such materials or information to JCF:
- You are warranting and representing that You own or otherwise control all of the rights to Your materials or information including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the materials or information; and
- You are granting JCF, its affiliated entities and necessary sublicenses permission to use Your materials or information, including without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, make derivative or collective works, translate and reformat the materials or information, and to publish Your name in connection with Your materials or information. JCF will not pay You compensation with respect to the use of Your materials or information.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from JCF's Web Site, without the prior written permission of JCF. Please contact us for further information and for details on requesting permission to reuse our content.
JCF grants You the limited and nonexclusive right and license to access or download content from JCF's Web Site solely for Your personal and non-commercial use and as necessary in connection with the use of any services available through JCF's Web Site. Except as expressly authorized in this Agreement, You may not modify, distribute, reproduce, display, or use JCF's Web Site or any elements thereof. All rights not expressly granted to You by us in this Agreement are reserved to JCF and You acknowledge that You do not acquire any ownership rights by accessing or downloading copyrighted material from JCF's Web Site as authorized hereunder.
Any rights not expressly granted herein are reserved.
Nothing in this Agreement or its performance shall grant You any right, title, interest, or license in or to JCF's names, logos, logotypes, trade dress, designs, or other trademarks.
Trademarks: Bullying No Way!, Jaylens Challenge, One Little Boy, One Massive Goal…You can Help.
Any rights not expressly granted herein are reserved.
JCF reserves the right in its sole discretion to terminate Your access to JCF’s Web Site, including without limitation JCF's Web Services, at any time without notice for any reason whatsoever.
Provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement will survive any termination of this Agreement, including but not limited to the representations and warranties contained herein.
General Disclaimers, Exclusion of Damages, and Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH JCF’S WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. JCF MAY MAKE IMPROVEMENTS OR CHANGES TO JCF’S WEB SITE AT ANY TIME. ADVICE RECEIVED VIA JCF’S WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE.
JCF MAKES NO REPRESENTATIONS ABOUT JCF’S WEB SITE, INCLUDING, WITHOUT LIMITATION, JCF’S WEB SITE'S SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS FOUND ON OR THROUGH ASHA'S WEB SITE. JCF PROVIDES JCF’S WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ASHA DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO JCF’S WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS FOUND ON OR THROUGH JCF’S WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.
YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF JCF’S WEB SITE IS TO DISCONTINUE USING JCF’S WEB SITE. IN NO EVENT AND UNDER ANY CIRCUMSTANCES WHATSOEVER SHALL JCF BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF JCF’S WEB SITE, WITH THE DELAY OR INABILITY TO USE JCF’S WEB SITE OR JCF’S WEB SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS OBTAINED ON OR THROUGH JCF’S WEB SITE, SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF JCF’S WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JCF HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ALSO, AND IN PARTICULAR, IN NO EVENT SHALL JCF BE HELD LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED ON OR THROUGH JCF’S WEB SITE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE USE OF TECHNIQUES OR PROCEDURES DISCUSSED ON OR THROUGH JCF’S WEB SITE.
Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if required by applicable law, some of the foregoing exclusions may not apply to You.
YOU AGREE TO INDEMNIFY JCF FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) AND DAMAGES ARISING OUT OF CLAIMS BASED UPON YOUR USE OF JCF’S WEB SITE, INCLUDING WITHOUT LIMITATION ANY CLAIM OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE BY OTHER MEMBERS, AND THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS. JCF WILL NOTIFY YOU OF ANY CLAIM FOR WHICH JCF SEEKS INDEMNIFICATION AND WILL AFFORD YOU THE OPPORTUNITY TO PARTICIPATE IN THE DEFENSE OF SUCH CLAIM, PROVIDED THAT YOUR PARTICIPATION WILL NOT BE CONDUCTED IN A MANNER PREJUDICIAL TO JCF’S INTERESTS, AS REASONABLY DETERMINED BY JCF AT ITS SOLE DISCRETION.
This Agreement is governed by the laws of the State of Florida, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Polk County, Florida in all disputes arising out of or relating to the use of JCF's Web Site. Use of JCF's Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and JCF as a result of this Agreement or use of JCF's Web Site, including, without limitation, JCF's Web Services.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and JCF with respect to JCF's Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and JCF with respect to JCF's Web Site, including without limitation to JCF's Web Services.
Notices given by JCF to You will be given by a general posting on JCF's Web Site or by an e-mail, if an e-mail address is available. Notices to JCF must be sent by conventional certified mail to:
Jaylens Challenge Foundation, Inc.
P.O. Box 93653
Lakeland, FL 33804
JCF may assign this Agreement, in whole or part, in its sole discretion.