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Terms of Use

This page describes the terms and conditions that govern your use of the Arthur L. Garnes Society Website (www.garnessociety.org) (the “Site”), and the services related to or offered on the Site (the “Services”). This Site is owned and operated by the Arthur L. Garnes Society (“ALGS”, “we”, or “us”), a California Nonprofit Corporation. Please read the following Terms of Use (“Terms”) carefully before using this website.

1. Consent to Terms


These Terms constitute a binding legal agreement between you and ALGS outlining your legal rights, obligations, and remedies arising from your use of the Site and the Services. These Terms apply to anyone who accesses or uses the Site and/or Services, whether or not you have registered for an account with ALGS or are a member of ALGS. By choosing to use the Site and/or Services, you agree to be bound by these Terms, and by the terms of ALGS’s Privacy Policy, including any dispute resolution, arbitration, limitation of damages, and choice of law provisions without limitation. If you do not agree to be bound by all these Terms, you may not access the Site or use the Services.

Updates to Terms
ALGS may change, add, or remove portions of these Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Site and by continuing to use this Site, you agree to any changes.

 

Privacy
Any information you or other users provide to ALGS, or which we collect about you or others, is subject to our Privacy Policy. To learn more about how ALGS collects, uses, shares, and secures your information, please review ALGS’s Privacy Policy, which is incorporated into this agreement by this reference.

Eligibility to Use the Site and Services
The Site and the Services are not intended for children under the age of 13 and children under the age of 13 should not use the Site or Services.

 

License to the Site
ALGS grants you a non-exclusive, non-transferrable, limited right and license to access, use, and privately display the Site and the materials thereon for your personal use only, provided that you comply fully with these Terms. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in much materials and information.

 

Email Notifications
As part of your use of the Services, you may be asked to elect to receive certain email notifications from ALGS and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails form ALGS related to the Services. You may opt-out of receiving certain notifications in association with the Services by completing the opt-out process provided to you with each email message. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important Services announcements or notifications even if you have opted-out from other messages.

 

User Obligations
By using the Site and Services, you represent, warrant, and agree:

You will abide by all applicable local, state, national, and international laws and regulations , including the Health Insurance Portability and Accountability Act (HIPAA), with respect to your use of the Site and Services;
You will use the Site and Services only for lawful purposes, and you will not use the Services for sending, storing, or distributing any unlawful material or for fraudulent purposes;
You will not use the Site or Services to cause nuisance, annoyance, or inconvenience;
You will not impair the proper operation of the Site or Services or any network which is used to support or access the Site or Services;
You will not try to harm the Site or Services in any way;
You will not copy, or distribute content included on the Site without written permission from ALGS;
You will use the Site and Services only for your own use and will not resell any aspect of the Site or Services to a third party;
You will keep secure and confidential your account password or any identification we may provide you which allows access to the Site and Services; and
You will provide us with whatever proof of identity we may reasonably request.
Accounts and Registration
In order to use or access certain Services or features of the Services, you may be asked to register for a user account (an “ALGS Account”) and become a registered user of the Site and Services (a “Registered User”). By becoming a Registered User, you agree to: (1) provide accurate, current, and complete information about yourself during the registration process; (2) maintain and promptly update such information to keep it accurate, current, and complete; (3) maintain the security of your password and login information, and that you will not disclose your password or login information to any third party; (4) accept full responsibility for all use of any ALGS Account you register, and for any actions that arise from or take place using your ALGS Account, whether or not you have authorized such actions or use; and (5) immediately notify ALGS of any unauthorized use of your ALGS Account. Failure to abide by these Terms may result in immediate termination of your ALGS Account.

Your ALGS Account Information:
You may not select or use an ALGS Account name, handle, or login that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and ALGS; or (4) that, in ALGS’s sole discretion, is offensive, vulgar, or obscene. ALGS reserves the right to refuse registration of an ALGS Account, or cancel any account name, it its sole discretion.

ALGS’s Termination of Access to the Services:
ALGS maintains the right to suspend or disable your access to the Services and any ALGS Account you may have created, or terminate these Terms, at its sole discretion and without prior notice to you if you breach the Terms, or if ALGS otherwise determines such action is warranted. ALGS reserves the right to revoke your access to and use of the Services at any time, with or without cause, whether or not you have established an ALGS Account or are a Registered User.

Your Cancellation of Your ALGS Account or Use of the Services:
You may cancel your ALGS Account or your access to the Services at any time by contacting ALGS using the information below. Upon cancellation of your ALGS Account, ALGS may: (1) retain your information and content indefinitely; (2) continue to use your information for research purposes indefinitely; and (3) retain, use, and continue to show information about your use of the Site and Services.

Acceptance of Community Guidelines
You are entirely responsible and liable for all activities conducted by you and your ALGS Account. Listed below are some, though not all, violations that may result in ALGS terminating or suspending your ALGS Account. You agree not to do any of the following actions:

Harass, threaten, embarrass, or cause distress or discomfort upon another ALGS Member, Site user, or other individual or entity;
Transmit any content to another ALGS Member that ALGS considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or otherwise objectionable;
Misrepresent yourself, your age or your affiliation with any person or entity, or impersonate any person or entity;
Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the comments section on the Blog;
Invade the privacy or violate any personal or proprietary right of any person or entity;
Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity;
Use the Site or Services in any manner that could damage, impair, disable, overburden, or harm the Site or circumvent the intended functionality of the Site;
Collect information identifying users of the Site or Services by electronic or other means without authorization from the person(s) affected;
Upload, post, transmit, send, share, store, distribute, or otherwise make available on the Site any private or sensitive information or content about any third party, including addresses, phone numbers, e-mail addresses, Social Security numbers, and credit card numbers; and
Upload, post, transmit, send, share, store, distribute, or otherwise make available any viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or other electronic or telecommunications equipment

Content on the Site and in Publications
The contents of the Site are intended for your personal, noncommercial use. All materials published on the site (including, but not limited to news articles, photographs, images, illustrations, audio clips, and video clips, collectively referred to as the “Content”) are protected by copyright, and owned or controlled by ALGS or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site.

Linking to the Site
ALGS reserves the right in its sole discretion to disallow you to link to the Site at any time. If ALGS exercises such right, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with ALGS specifying how you may link to the Site, use the following guidelines for adding one or more links to the Site from your website:

The link must be a text-only link that clearly includes the URL of the applicable Site;
The appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with ALGS’s good name;
The appearance, position, and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by ALGS;
The link, when activated by a user, must display the Site full-screen and not within a “frame” o the linking website and linking may not trigger any interstitial or pop-up or pop-under windows; and
The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory, or otherwise malicious.
Disclaimer Regarding Linked Third-Party Sites
The links on the Site and/or any of the Services will let you leave the particular Sites or Services you are accessing in order to access a linked third-party site (the “Linked Sites”). ALGS provides these links as a convenience, but ALGS neither controls nor endorses these Linked Sites, nor has ALGS reviewed or approved the content which appears on the Linked Sites. ALGS is not responsible for the legality, accuracy, or appropriateness of any content, advertising, products, services, or other materials on or available from any Linked Sites. You acknowledge and agree that ALGS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods, or services available on or through the Linked Sites.

Termination
ALGS may change, suspend, or discontinue the Site and/or Services for any reason, at any time, including the availability of any Services, features, or Content, without notice to you. ALGS may also impose limits on certain Services, features, or Content, or restrict your access to parts or all of the Services with or without notice to you.

ALGS may also terminate or suspend your use of or access to the Site or Services at any time, immediately, and without notice for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Site and Services, and agree not to access, re-download, re-register, or otherwise make use of the Site and Services.

International Use
The Site and Services are controlled and operated by ALGS from within the United States. ALGS makes no representations that materials contained within the Site and Services are appropriate or available for use in other locations. Those who choose to use the Site and Services from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.

Indemnification
You agree to indemnify and hold harmless ALGS, its subsidiaries, affiliates, successors, or assigns and their respective directors, officers, shareholders, and employees against any and all claims, damages, losses, costs, or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from the Site or Services, your use of the Site or Services, violation of these Terms, or the infringement by you of any Intellectual Property, or violation of any right of any person or entity by you or any third party using your information, login, or password.

Disclaimers
 
• Linked Third-Party Sites

The links on the Site and/or any of the Services will let you leave the particular Sites or Services you are accessing in order to access a linked third-party site (the “Linked Sites”). ALGS provides these links as a convenience, but ALGS neither controls nor endorses these Linked Sites, nor has ALGS reviewed or approved the content which appears on the Linked Sites. ALGS is not responsible for the legality, accuracy, or appropriateness of any content, advertising, products, services, or other materials on or available from any Linked Sites. You acknowledge and agree that ALGS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods, or services available on or through the Linked Sites.

• Unavailability

The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. ALGS is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers, providers, telephone networks or telephone services, computer or mobile phone equipment, or software on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site or Services.

• Assumption of Risk

You acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk. You should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, ALGS is not responsible for the security of any information transmitted to or from the Site. ALGS reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.

• Warranties

The Site and Services are provided “as is,” “as available,” and without warranties of any kind, either express, implied, or statutory, as to the description, quality, merchantability, fitness for a particular purpose, non-infringement, or completeness of any Services provided hereunder or described herein, or as to any other matter, all of which warranties by ALGS are hereby disclaimed. Neither ALGS nor any parent companies, subsidiaries, affiliates, licensors, employees, or agents warrant that the Site and Services will be uninterrupted or error free and no warranty is made as to the results to be obtained from use of the Site or Services.

• Limitation of Liability

Neither ALGS nor its affiliates, employees, agents, or third-party content providers shall be liable to you or anyone else for any loss relating in any way to (i) the use of or inability to use the Site and/or Services; (ii) any content contained on the Site and/or Services; (iii) statements or conduct posted or made publicly available on the Site and/or Services; (iv) any action taken in response to or as a result of any information available on the Site and/or Services, (v) any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the Site and/or Services; or (vi) any other matter relating to the Site and/or Services.

• Governing Law

These Terms and the relationship between you and ALGS shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. You and ALGS irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Orange County, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

• Waiver and Severability

The failure of ALGS to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

• Assignment

This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of ALGS, and any attempt to do so will be void.

• Entire Agreement

These Terms, including the incorporated ALGS Privacy Policy, constitutes the entire agreement between users of the Site and Services and ALGS regarding users’ use of and access to the Site and Services. Your use of the Site and Services is intended for your enjoyment and benefit and the provision of the Site and Services to you constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to the Site and/or Services.
 

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