Terms and Conditions

Terms & Conditions

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

 

By using the pages in this website, you agree to these Terms and Conditions (the “Terms”).  Joshua’s Great Things Foundation (the “Foundation”) provides the Website to you subject to the Terms. The Terms are entered into by and between you and the Foundation, and you accept them by using the Website in any manner. If you do not agree to all of the Terms, do not use the Website.

 

Restrictions on Use
Material from joshuasgreatthings.org may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of the Foundation, except you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Any materials that you download or copy for your own use must maintain all copyright or other notices. Except as approved in writing by the Foundation, redistribution, retransmission, commercial exploitation or other uses of the Website or the Content are strictly prohibited.  The material in this site is provided for lawful purposes only.  Neither title nor any intellectual property rights are transferred to you, but remain with the Foundation, who owns full and complete title.

 

Disclaimer and Restriction of Liability
The Content of the Website does not constitute legal or medical advice.  The Website is not intended for use in the diagnosis or treatment of individual conditions. The Website should not be used as a substitute for consultation with a licensed medical professional or other traditional source of medical information. The Foundation assumes no responsibility for any injury or damage to persons or property arising out of or related to the Content of the Website.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION DISCLAIMS AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF THE FOUNDATION HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, INCLUDING FOR BREACH OF CONTRACT AND IN TORT, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF THE WEBSITE; (b) THE COST OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, MALICIOUS OR CRIMINAL BEHAVIOR OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.  The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. The Foundation’s total liability to you for all losses, damages and causes of action, whether in contract, tort (including without limitation, negligence), or otherwise, will not be greater than the amount you paid to access this site.

 

Indemnity

 

You agree to defend, indemnify, and hold the Foundation and its subsidiaries, affiliates, members, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from any and all losses, expenses, costs or damages (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of or in any manner related to any claim, demand or action based upon content uploaded by you to the Website; your use of or connection to the Website (including any use by you on behalf of your employer and any use by third parties under your accounts); your violation of the Terms; or your violation of any applicable laws or rights of another. The Foundation may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect the Foundation’s rights or obligations shall be made without the Foundation’s prior written approval. The Foundation reserves the right, at the Foundation’s own expense and on notice to you, to assume exclusive defense and control of any such claim or action; in such case your corresponding indemnification obligation will end.

 

Jurisdiction
The Foundation controls and operates this site from the State of Illinois, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws.  The Terms shall for all purposes be governed, interpreted, construed, and enforced solely and exclusively in accordance with the law of the State of Illinois, without regard to conflicts of law provisions thereof. You agree that exclusive jurisdiction and venue of any dispute with the Foundation or any of its respective affiliates, officers, directors, employees, contractors, agents, representatives or suppliers, arising out of or in any way relating to the Terms or your use of or inability to use the Website, services, goods or content shall reside in the federal and state courts serving the city of Belleville, Illinois. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise.

 

Disclaimer of Warranties
The material in this site could include technical inaccuracies or typographical errors.  The Foundation may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE FOUNDATION DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE FOUNDATION DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOUNDATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF SUCH WARRANTIES.

 

Termination
The Foundation or you may terminate this agreement at any time. You may terminate this agreement by destroying all materials obtained from the Website and all related documentation and all copies.  The Foundation may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

 

Miscellaneous
If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this Website. The Foundation can revise these Terms at any time by updating this posting.  The Website may describe programs and services that are not available in certain areas. This Website may be linked to other sites not maintained by the Foundation. The Foundation is not responsible for the content of those sites, and the inclusion of any link to such sites does not imply endorsement by the Foundation.