These Terms and Conditions ('Terms') govern your use of the
Briangrant.org Web Site ('Web Site') provided by the Brian Grant
Foundation ('Foundation'), a charitable trust under Oregon law. You
are the Web Site's 'User.' These Terms are subject to change by the
Foundation at any time at its discretion. User's use of the Web Site
after the Foundation implements changes constitutes your acceptance
of those changes. Please consult these Terms regularly. For easy
access, the Foundation provides a link to these Terms of Use from
the Contact Us page. These Terms were last updated on April 1, 2014.
1. Permitted Use
User has a nonexclusive,
nontransferable, limited, and revocable right to use the Web Site
solely for User's personal educational, informational, and
entertainment purposes. User will not use the Web Site for any other
purpose, including any commercial purpose, without the Foundation's
express prior written consent. For example, User will not, and will
not authorize any other person to (a) Co-brand the Web Site or
portion thereof or (b) frame the Web Site or portion thereof
(whereby the Web Site or portion thereof will appear on the same
screen with a portion of another web site). 'Co-branding' means to
display a name, logo, trademark, image or other means of attribution
or identification of any party in such a manner reasonably likely to
give a user the impression that such other party has the right to
display, publish, or distribute the Web Site or content accessible
within the Web Site (the 'Content'). User agrees to cooperate with
the Foundation in causing any unauthorized Co-branding, framing or
linking to immediately cease.
2. Proprietary Information
User
acknowledges and agrees that the content accessible within the Web
Site is the proprietary information of the Foundation, and the
Foundation retains all rights, title, and interest in the Content.
User will not reproduce, transmit, publish, or distribute Content to
third parties without the Foundation's express written consent. All
individuals (including celebrities) depicted on the website have
released their likeness to the Foundation.
3. Medical Disclaimer
User acknowledges
that the information on this Web site is provided 'as is' for
general information only. This Web Site does not offer medical
advice or recommendations and individuals should not rely on the
information posted on this Web Site as a substitute for
consultations with qualified healthcare professionals who are
familiar with individual medical conditions and needs. The
Foundation strongly recommends that you consult physicians or other
qualified healthcare professionals, familiar with patients'
individual health situations, to make treatment and care decisions
related to Parkinson's disease and other medical conditions. Before
undertaking any exercise or diet suggestions, consult your
healthcare provider to make sure that the program, or parts of it,
is right for you. The User ASSUMES ALL RISK OF INJURY FOR ANY
ACTIVITY AND DIET the User engages in or attempts. Nothing in the
Web Site or information promoted by the Foundation will guarantee
any result, including but not limited to progress or stabilization
of body functions, but is offered as a resource to discuss with, and
potentially be a part of, a complete plan that is developed with
qualified healthcare providers.
4. Disclaimer of Warranty
The Foundation
makes no representations with respect to the information, services,
products or messages on this Web Site and specifically disclaims any
other warranties, including but not limited to implied or express
warranties of merchantability or fitness for any particular usage,
application, or purpose. The Foundation makes no warranties of any
kind regarding the Web Site's operation, including but not limited
to any warranty of accuracy, completeness, timeliness of
information, reliability, merchantability, or fitness for a
particular purpose, or any warranty that the Web Site or its pages,
or the server that makes them available, are free of viruses, worms,
Trojan horses, other harmful elements or other code that manifest
contaminating or destructive properties, and such warranties are
expressly disclaimed.
5. Limitation on Liability
User agrees that
User will hold harmless the Foundation and its officers, directors,
employees, and volunteers, service providers and contractors from
all claims, injury and actions arising out of or related to User's
access or use of, or User's inability to access or use, this Web
Site or the information contained in this Web Site or other web
sites to which it is linked. This release includes, but is not
limited to, information or materials viewed or downloaded from this
Web Site or another web site to which it is linked that appear to
User or are construed by User to be obscene, offensive, defamatory,
or that infringe upon User's intellectual property rights. In no
event will the Foundation or the contributors of information to this
Web Site be liable to User or anyone else for any decision made or
action taken by User in reliance on such information or for
consequential, special or similar damages, even if advised of the
possibility of such damages and regardless of whether such damage
occurred before, during or after discussions with healthcare
professionals. The User's access to the Web Site and ability to view
it is conditioned specifically on this release which if not given
would not allow User access thereto.
6. Indemnity
User will indemnify and hold
the Foundation, its Licensors, service providers and contractors
(the 'Indemnified Parties') harmless from any breach of these Terms
by User, including any use of Content other than as expressly
authorized in these Terms. User agrees that the Indemnified Parties
will have no liability in connection with any breach or unauthorized
use, and agrees to indemnify any and all resulting loss, damages,
judgments, awards, costs, expenses, and attorneys' fees of the
Indemnified Parties. User will also indemnify and hold the
Indemnified Parties harmless from and against any claims brought by
third parties arising out of User's use of the information accessed
from the Web Site.
7. Forums
Information posted on forums,
bulletin boards, blogs, or similar portions of the Web Site
('Forums') is supplied by third parties and other users unless the
Foundation or its authorized representative identifies itself as the
content poster. Any opinions, advice, statements, services, offers,
or other information or content expressed or made available by third
parties or any other user are those of the respective author(s) and
not of the Foundation. The posting of information by users, whether
or not reviewed by the Foundation shall not be attributed to the
Foundation or its program materials at any level. User will not post
the following material in any Forum:
8. Infringement of Our Rights or the Rights of
Others
The Web Site, including the Content, is protected by
intellectual property laws and User agrees to obey those laws. The
Foundation may limit or terminate right of access to the Web Site by
any user for any reason or no reason at any time.
9. Linked Sites
The Web Site may contain
links to web sites of third parties. These links are provided as a
convenience, but the Foundation does not endorse linked sites or any
information on such sites. While linked sites' information,
products, services, and information may be helpful to User, they are
independent entities and the Foundation does not control or endorse
them. User agrees that visits to linked sites are at User's own risk
and governed by the linked sites' privacy policies (if any). User
may not link or shortcut to the Web Site from web sites, blogs, or
similar applications, without obtaining prior written permission
from the Foundation.
10. Governing Law and Exclusive Jurisdiction
The Foundation, which is headquartered in Portland, Oregon, controls
this Web Site. These Terms and your use of the Web Site are governed
by the laws of the State of Oregon, United States of America without
regard to its choice of law provisions. Users hereby consent to
exclusive jurisdiction of a state or federal court of general
jurisdiction sitting in Multnomah County, Oregon, United States of
America. Those who access this Web Site from other locations do so
on their own initiative and are responsible for compliance with
local law.
11. Notice
User agrees that the Foundation
may give all notices the Foundation is required to give User by
posting notice on the Web Site or by sending notice by email, at the
Foundation's discretion, including disclosures that the Foundation
is required to give User, legal notices, notice of subpoenas or
other legal process, and all other communications.
User
agrees to send the Foundation legal notice by mailing it to the
following address:
Brian Grant Foundation 720 NW Davis, #300
Portland, Oregon 97209
12. Termination or Cancellation
User lacks
continuing rights to use the Web Site and the Foundation may deny or
suspend access, or terminate or cancel User's right to use the Web
Site with or without cause and with or without notice and at any
time and without prior notice. Termination or cancellation will not
eliminate the surviving provisions of these Terms and User will
still be liable for obligations incurred before User's access ended.
13. Entire Agreement
These Terms, including
the Privacy Policy, Amendments, and any notices, terms and items
incorporated into any of them including additional terms and
conditions contained on the Web Site for particular activities or
Content constitute the entire agreement between User and the
Foundation regarding the Web Site (collectively, 'Entire
Agreement'). If any provision of the Entire Agreement is found by a
court of competent jurisdiction to be invalid, its remaining
provisions will remain in full force and effect, provided that the
allocation of risks described herein is given effect to the fullest
extent possible.
14. Notice Regarding Copyrights and Trademarks
The copyrights and trademarks, such as text, graphics, logos, button
icons, images, audio and video clips, used in the Web Site are owned
by (a) the Foundation or (b) their respective copyright and/or
trademark owners, and are either copyrights, trademarks, or
registered trademarks of the Foundation. The names of actual
companies and products mentioned in the Web Site may be the
trademarks of their respective owners. User may not use any of the
above or other copyrights or trademarks displayed on this Web Site
or in any Content. All rights are reserved.
15. Miscellaneous
The Foundation's failure
to act with respect to a breach by User or any other user does not
waive the Foundation's right to act with respect to subsequent or
similar breaches. Time is of the essence of the Entire Agreement and
there are no third party beneficiaries of it. These Terms and the
Foundation's rights under the Privacy Policy will survive
termination or cancellation of this Agreement. User may not assign
these Terms or any of User's rights or obligations under these Terms
without our prior written consent.
I hereby agree to the following terms and conditions.