TERMS & CONDITIONS

TERMS & CONDITIONS

Terms of Use

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:

  • material which threatens or abuses others, or which is defamatory or libelous, or which invades another’s privacy;
  • material for which User does not have the right to post, including the proprietary material of a third party;
  • material which advocates illegal activity or discusses an intent to commit an illegal act;
  • material for advertising or commercial solicitation;
  • material which is vulgar, obscene, pornographic, or indecent; or
  • material which does not pertain to a particular forum’s subject matter.

The Foundation reserves the right to monitor Forums to determine compliance with these Terms, as well the right to remove or refuse to post any posting. Notwithstanding these rights, Users remain solely responsible for the content of their postings. User acknowledges and agrees that neither the Foundation nor any third party content provider will assume or have any liability for any action or inaction by the Foundation or any third party content provider with respect to any posting on the Forums. In the event of a posting by the User, the User shall indemnify, defend and hold harmless the Foundation, its Licensors, content providers, service providers and contractors from any damages, claims or causes of action associated with such User postings.

Further, User hereby grants to Foundation the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any message posted in Forums (in whole or in part) worldwide or to incorporate any message in other works in any form, media, or technology now known or later developed.

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
5331 SW Macadam Ave., #269
Portland, Oregon 97239

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.

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