Terms of Use


Welcome to the Easterseals Northern California (“we,” “us,” and “our”) website. These Terms of Use (“Terms”) concern your access to and use of our website, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website”).

By using our Website, you agree to these Terms. Please read them carefully. We may change the Website and these Terms at any time. If you use the Website after we post updated Terms, you accept those updated Terms.

If you have any questions or comments, you may contact us at [email protected].

PRIVACY

Please review our Privacy Policy and Notice of Privacy Practices to understand how we collect, use, and disclose information we collect from or about you.

ELECTRONIC COMMUNICATIONS

When you use the Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails or texts, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY AND LICENSE

All of the content displayed on or made available through the Website, such as text, graphics, photographs, images, moving images, sound, and illustrations, is owned by Easterseals Northern California and is protected by United States and international copyright, trademark, patent, trade dress, and moral rights.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use of the Website. This license does not include any resale or commercial use of any element of the Website, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any element of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You will not: (i) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.

We reserve all rights not expressly granted to you in these Terms. No part of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Easterseals Northern California without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not misuse the Website. You may use the Website only as permitted by law. The licenses granted by us terminate if you do not comply with these Terms.

UNSOLICITED SUBMISSIONS POLICY

If you send us any unsolicited material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display the unsolicited material throughout the world in any media. We and our sublicensees may use the name you submit in connection with such unsolicited material. You represent and warrant that you own or otherwise control all of the rights to the unsolicited material that you post; that the unsolicited material is accurate; that use of the unsolicited material you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We take no responsibility and assume no liability for any content posted by you or any third party.

THIRD PARTY LINKS

The Website may contain links to third-party websites that we do not own, operate, or control. All such links are provided solely as a convenience to you. We are not responsible for and we do not warrant any content, materials, products, or other information on third-party websites.

REPRESENTATIONS AND WARRANTIES

You affirm, represent and warrant the following:  (i)  you are over the age of 18 and have the right and authority to enter into these Terms, and are fully able and competent to satisfy the obligations herein; (ii) you have read, understood, agree with, and will abide by these Terms; and (iii) our use of any information you submit as contemplated by these Terms will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights, and rights of publicity.

DISCLAIMER OF WARRANTIES

THE WEBSITE, AND ALL INFORMATION, CONTENT, MATERIALS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US OR ON OUR BEHALF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EASTERSEALS BAY AREA OR THROUGH THE EASTERSEALS BAY AREA’S WEBSITE, AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATIONS OF LIABILITY

WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE OR THE CONTENT OR SERVICES.  OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE  WILL NOT EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) AND (B) THE PURCHASE PRICE PAID FOR THE PRODUCT OR SERVICE THAT GAVE RISE TO THE LIABILITY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

RELEASE

In the event that you have a dispute with another user or third party related to the Website, you release Easterseals Northern California (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Last Updated: November 29, 2018