SITE DISCLAIMER
General:
The Down Syndrome Association
of Greater Cincinnati ("DSAGC") website is
offered to you, the user ("User"), conditional
on acceptance of the terms, conditions, and notices
contained herein, without modification. User access
and use of this site constitutes acceptance of these
terms and conditions. Violations of the terms and conditions
of this agreement may result in the "User" being
removed or permanently banned from using this system.
The website is a DSAGC public
service. User agrees to use this website as permitted
by applicable local, state, and federal laws. User
agrees, therefore, not to: 1) knowingly and without
authorization, alter, damage, or destroy the DSAGC
computer system, network, software, program, documentation
or data contained therein; 2) use this service to conduct
or attempt to conduct any business or activity or solicit
the performance of any activity that is prohibited
by law. In addition, taking action which results in
blocking access to this website by other users will
be deemed an unauthorized use.
Anyone using this system expressly
consents to administrative monitoring at all times.
You (User) are further advised that system administrators
may provide evidence of possible criminal activity
identified during such monitoring to appropriate law
enforcement officials. If you (User) do not wish to
consent to monitoring, exit this system now.
Disclaimer of Liability and Reliability:
In preparation of these pages,
every effort has been made to offer the most current,
correct, and clearly expressed information possible. Nevertheless
inadvertent errors in information may occur. In particular
but without limiting anything here, DSAGC disclaims
any responsibility for typographical errors and accuracy
of the information that may be contained on the DSAGC
web pages. The DSAGC makes no warranties or representations
whatsoever regarding the quality, content, completeness,
suitability, adequacy, sequence, accuracy, or timeliness
of such information and data.
The information and data made
available at the DSAGC website are provided "as
is" without warranties of any kind. DSAGC makes
no representations or warranties regarding the condition
or functionality of this website, its suitability for
use, or that this web service will be uninterrupted
or error-free.
Links to Third-Parties' Websites:
There may be links and pointers
to third-party internet websites contained in DSAGC's
website. These sites linked from DSAGC are not under
the control of the DSAGC. DSAGC does not assume any
responsibility or liability for any information, communications
or materials available at such linked sites, or at
any link contained in a linked site. DSAGC does not
intend these third-party links to be referrals or endorsements
of the linked entities by DSAGC, and are provided for
convenience only. Each individual site has its own
set of policies about what information is appropriate
for public access. User assumes sole responsibility
for use of third-party links and pointers.
Disclaimer of Damages:
By using the DSAGC web pages,
the User assumes all risks associated with the use
of this site, including any risk to User's computer,
software or data being damages by any virus, software,
or any other file which might be transmitted or activated
via DSAGC web page or User's access to it. DSAGC shall
not in any event be liable for any direct, indirect,
punitive, special, incidental, or consequential damages,
including, without limitation, lost revenues, or lost
profits, arising out of or in any way connected with
the use or misuse of the information or lack of information
on DSAGC's website or with the delay or inability to
use this website, or from any information, documents,
services, software, or other material obtained through
this website, or otherwise arising out of the use of
this website, whether based on contract, tort, strict
liability or otherwise, even if DSAGC and/or any of
its employees/affiliates has been advised of the possibility
of damages. DSAGC shall not be liable for any loss
or injury caused in whole, or in part, by its actions,
omissions, or contingencies beyond its control, including
in procuring, compiling, or delivering the information,
or arising out of any errors, omissions, or inaccuracies
in the information regardless of how caused, or arising
out of any user's decision, or action taken or not
taken in reliance upon information furnished.
Use of Bulletin Board, or Any Other Communication
or Interactive Forums:
To the extent that this website
contains or may in the future contain bulletin boards,
discussion webs, chat rooms, or other message, including
a friendship network, interactive or communication
facilities involving DSAGC and other users ("Forums"),
the User agrees to use such Forums only to send and
receive messages and material that are proper and related
to the particular Forum. By way of example, and
not as a limitation, the User agrees that when using
a Forum, the User shall not violate the law by:
- Defaming, abusing, harassing, stalking, threatening
or otherwise violating the legal rights (such as
rights of privacy and publicity) of others.
- Publishing, posting, distributing, or disseminating
any defamatory, infringing, obscene, indecent or
unlawful material or information.
Uploading or downloading files that contain software
or other material protected by intellectual property
laws (or by rights of privacy or publicity) unless
the User owns or controls the rights thereto or has
received all necessary consents.
- Deleting any author attributions, legal notices
or proprietary designations or labels in any file
that is uploaded.
- Falsifying the origin or sources of any material
contained in a file that is uploaded.
- Knowingly introducing viruses, corrupted files
or any other similar software or programs that may
damage, alter or destroy this website or the operation
of another's computer system, network, software,
program, documentation or data contained therein.
- Knowingly accessing or attempting to access or
use DSAGC's computer system, computer network, or
any part thereof, including this website, for the
purpose of devising or executing any scheme or artifice
to defraud; obtaining money property or services
by means or false or fraudulent pretenses, representations
or promises; or committing theft, including but not
limited to theft of property information.
User agrees to (as available)
send and receive electronic mail, engage in conferences
and chats, download and upload files, and otherwise
use this website only as permitted by these terms and
conditions, any additional policies or procedures published
in this website from time-to-time by DSAGC, and applicable
law.
DSAGC reserves the right to
remove any content of this website received from
Users for violations of DSAGC's Forum use policies
and other applicable
regulations and law including violations of others'
constitutional rights. DSAGC reserves the right
to edit any notices or postings for length if and when
such length interferes with other Users' access to
and use of this Forum.
The User acknowledges that chats, conferences, bulletin
boards, discussion webs and any other such interactive
or communications' Forums hosted by this website are
public and not private communications. Further,
the User acknowledges that chats, posting conferences,
discussion webs and other communications by other Users
are not endorsed by DSAGC, and such communications
shall not be considered reviewed, screed, or approved
by DSAGC.
Indemnify:
As a condition of use of DSAGC's website, the User
agrees to indemnify DSAGC, its Commissioners, officers,
employees and agents against any and all liability,
expenses (including attorney's fees) and damages arising
out of claims resulting from User's use of this website,
including without limitation any claims alleging facts
that if true would constitute a breach by User of these
terms and conditions.
Severability:
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 limitation 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.
Closing of Agreement:
This agreement constitutes the entire agreement between
the User and DSAGC with respect to this website and
it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written,
between the User and DSAGC with respect tot his website. This
Agreement shall be deemed to include all other notices,
policies, disclaimers and other terms contained in
this website; provided, however, that in the event
of a conflict between such other terms and the terms
of this Agreement, the terms of this Agreement shall
control. A printed version of this Agreement
and of any notice given in electronic form will be
admissible in judicial or administrative proceedings
based upon or relating to this Agreement to the same
extent and subject to the same conditions as other
business documents and records originally generated
and maintained in printed form.
Any Rights not expressly granted herein are reserved.
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