AGREEMENT BETWEEN USER AND HELEN ROSS MCNABB CETER
Through their web sites Helen Ross McNabb Foundation, Inc. and Helen Ross McNabb Center, Inc. (collectively “HRM”) provide you with access to information, including information on mental health care, addiction/recovery services, and social services. HRM also provides you with access to various services, including the ability to donate to HRM or purchase items through auctions (“Auction Items”). The information and services plus other information and services are contained within the web pages of the HRM web sites (collectively the “Web Site”).The Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Web Site constitutes your agreement to all such terms, conditions, and notices. These terms of use apply to your access to and use of the Web Site and do not alter in any way the terms and conditions of any other agreement you may have with HRM for services or otherwise, unless otherwise directed by HRM.
MODIFICATION OF THESE TERMS OF USE
HRM reserves the right to change the terms, conditions, and notices under which the Web Site is offered.
COPYRIGHT
All content on the Web Site, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of HELEN ROSS MCNABB CENTER, INC. © 2008, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display, copy, distribute, and download the copyrighted materials for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any copyrighted material for commercial use without prior written approval of HRM. You may not “mirror” any copyrighted material on any other server without prior written permission from HRM.
LINKS TO THIRD PARTY SITES
The HRM Web Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of HRM and HRM is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HRM is not responsible for any form of transmission received from any Linked Site. HRM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HRM of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Web Site you agree to not use the Web Site for any purpose that is unlawful, improper, or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site. You may not attempt or gain access to any of HRM’s servers or networks through hacking or any other means. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” access, or copy the Web Site without HRM’s prior, express, and written permission. You agree not to use the Web Site for any commercial use without prior consent from HRM.
WEB SITE RESTRICTED BY USER ID AND PASSWORD
If access to any part of the Web Site requires a user id and password (“Restricted Web Content”), you may only access the Restricted Web Content after receiving a user id and password from HRM. You are responsible for maintaining the confidentiality of your user id and password, and you are responsible for any activities that occur under your user id. You may not use anyone else’s user id and password.
AUCTION ITEMS
You acknowledge that HRM is not responsible for the Auction Items listed on the Web Site, that all Auction Items are provided “as is,” and that the liability disclaimer in these terms of use applies to all Auction Items. If you have a dispute with one or more providers of an Auction Item, you release HRM (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
LIABILITY DISCLAIMER
THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HRM MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. THE WEB SITE AND ALL AUCTION ITEMS ARE PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND. HRM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEB SITE AND ALL AUCTION ITEMS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HRM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, 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 THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE THE WEB SITE, OR THE PURCHASE OR USE OF ANY AUCTION ITEM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HRM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.The extent of HRM’s liability, in any circumstance, for any Auction Item is limited to the auction price you paid for such item.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless HRM and its respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of the Web Site or any Auction Item.
SERVICE CONTACT
TERMINATION/ACCESS RESTRICTION
HRM reserves the right, in its sole discretion, to terminate your access to the Web Site or any portion thereof at any time, without notice.
GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Knox County, Tennessee, U.S.A. in all disputes arising out of or relating to the use of the Web Site or any Auction Item.You agree that no joint venture, partnership, employment, or agency relationship exists between you and HRM as a result of this agreement or access to or use of the Web Site.If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, 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.
