TERMS OF USE

Effective Date: June 9, 2014

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY USING THIS WEBSITE OR THE INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST EXIT THIS WEBSITE IMMEDIATELY AND DISCONTINUE ANY USE OF INFORMATION, PRODUCTS OR SERVICES AVAILABLE AT THIS WEBSITE.

1.            ACCEPTANCE OF TERMS

The American Foundation for Suicide Prevention (“AFSP”) grants you access to this website and others it operates (together, the “Site”), and to the information, Services (defined below) and Products (defined below) available at the Site, only if you accept the terms and conditions contained in these Terms of Use.  These Terms of use constitute a legally binding agreement between you and AFSP.  For purposes of these Terms of Use, “Services” means our Ask The Experts program, our Survivor e-Network, lists of local AFSP support groups, access to our Drop-In Conference Calls for Facilitators, access to our fundraising portal and volunteer manuals, e-mail updates and other services provided by AFSP through the Site.  “Products” means the education and training materials, apparel and other merchandise offered by AFSP for purchase through the Site.  Also, you are subject to any additional terms and conditions posted in connection with particular information, Products or Services (“Additional Terms”).  “Terms of Use” shall be understood to include “Additional Terms.”  AFSP may modify these Terms of Use at any time, and will post the modified Terms of Use on this Site.  Any modification is effective immediately upon posting.  Your continued use of the Site or the information, Products or Services available at the Site, will be conclusively deemed to signify your acceptance of such modifications.

2.            PROPRIETARY RIGHTS IN WEBSITE

This Site contains copyrighted material, trademarks and other proprietary material belonging to AFSP, its licensors and others, including but not limited to text, data, photos, graphics and other images, and audio and video files (“Proprietary Material”) that are protected by patent, copyright, trademark and other intellectual property laws.  You should assume that everything you see or read and everything available on this Site is protected by these laws, and except as provided in these Terms of Use, may not be used without the written permission of AFSP. 

You are hereby granted a limited, non-exclusive, non-transferable, revocable license to access, download and/or make copies of the Proprietary Material, but only for your informational purposes in learning about suicide and suicide prevention and volunteering with AFSP, and provided that if you download or print a copy of any  Proprietary Material, you retain all copyright and other proprietary notices thereon.  All other rights are reserved to us and our affiliates. 

Except as provided above or in Additional Terms, you may not reproduce, distribute, modify, adapt, create derivative works from, display, transmit, broadcast, sell, license or in any way exploit the Proprietary Material, in whole or in part, without the advance written consent of AFSP.  Commercial use of any of the Proprietary Material is strictly prohibited.

All trademarks, service marks, trade names and trade dress that appear on the Site (collectively, the “Marks”), whether registered or unregistered, are proprietary to AFSP or their respective owners. You may not display or reproduce the Marks without the prior written consent of AFSP, and you may not remove or otherwise modify any trademark notices from any Proprietary Material received through the Site.      

3.            USER CONTENT – OWNERSHIP AND USE

By submitting, uploading or transmitting any e-mail, blog posts, ideas, feedback, information, questions, suggestions, submissions or other materials (“User Content”) to the Site, you represent and warrant that you own or have all rights necessary to submit, upload or transmit such User Content and otherwise use it for your intended purpose.  You hereby grant AFSP an irrevocable, perpetual, non-exclusive, royalty-free, unrestricted license to reproduce, distribute, sub-license, modify, edit, adapt, translate, create derivative works of, display, transmit, broadcast or otherwise exploit all or any portion of your User Content, for any purpose, in any and all media now known or later developed.  You waive all rights to any claim against AFSP for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with the User Content, and you acknowledge and agree that you are not entitled to receive any compensation for any User Content you submit, upload or transmit in connection with this Site.

4.            RESTRICTIONS ON USE

The Site is provided solely as a convenience to you.  You agree that you will not:

a.            access or attempt to access any systems or servers on which the Site is hosted, or modify or alter the Site in any way;

b.            submit, display or transmit any images, photographs, graphics, links, audio files, video files or similar User Content that exceeds AFSP’s capacity limits;

c.            submit, display or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters or pyramid schemes;

d.            forge headers, misrepresent your identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via the Site;

e.            use the Site or the Services to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including, without limitation, rights of privacy or publicity;

f.             publish, post, display or disseminate any User Content that is, or offer, sell, broker, purchase or seek any products or services that are, profane, obscene, pornographic, indecent, unlawful, threatening, or that promote racism, bigotry, hatred or physical harm of any kind  against any group or individual, or are other wise offensive or objectionable;

g.            collect, store, publish, post, sell, transmit or disclose personal data about other users of the Site unless authorized by such users to do so;

h.            upload or otherwise transmit files that contain viruses, worms, Trojan horses, spyware, adware, sniffers, corrupted files or other computer code designed to interrupt, destroy or limit the functionality of any computer hardware, software or telecommunications equipment; or

i.             restrict or prevent any other user of the Site from using the Site and/or the Services.

j.             violate any applicable state, national or international law or regulation

5.            MATERIAL POSTED BY THIRD PARTIES

AFSP does not endorse or guarantee the accuracy, reliability or appropriateness of any opinion, statement, information or material displayed or distributed through this Site by parties other than AFSP.  You acknowledge that by using this Site you may be exposed to information that is inaccurate or unreliable or material you find objectionable, and in this respect your use of the Site and your reliance upon any such third party material is at your own risk.  AFSP will have no responsibility for the conduct, on-line or off-line, of any user of this Site and no obligation to monitor use of the Site.  However, we reserve the right to review any User Content, and remove, delete, redact or otherwise modify such User Content in our sole discretion, at any time, without notice or other obligation to you.  AFSP reserves the right to disclose, at any time, any User Content that AFSP deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute resolution process or government request.

6.            COPYRIGHT INFRINGEMENT

We expect users of this Site to respect the intellectual property rights of others.  We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer.  If you believe a work protected by a U.S. copyright you own has been posted on this Site without authorization, you may notify our copyright agent, and provide the following information: 

a.            A physical or electronic signature of the person authorized to act on behalf of the copyright owner

b.            Identification of the copyrighted work or works claimed to have been infringed

c.            A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears,

d.            Your name, mailing address, telephone number and e-mail address

e.            A statement by you that you believe in good faith belief that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law

f.             A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.

To notify AFSP of claimed copyright infringement, please contact: 

Jonathan Dozier-Ezell, Manager of Digital Communications

American Foundation for Suicide Prevention

120 Wall Street, 29th Floor

New York, NY 10005

Phone:  212-363-3500 x 2015

email:  JDozier-Ezell@afsp.org

 

7.            LINKS; LINKS TO THIRD PARTY WEBSITES

This Site may contain links to websites operated by others.  Such links are provided solely as a convenience to you.  AFSP does not control such websites and is not responsible for the content, products or services offered through such websites.  AFSP's inclusion of links to websites operated by others does not imply sponsorship, affiliation or endorsement of such websites, or the content, products or services offered through such websites, or of any company or person.  If you link to another website, you do so at your own risk, and you will be subject to the terms of use and the privacy policy of such website.

8.            REGISTRATION

Some Products and Services offered at this Site are available only to those who register (“Registered Users”).  Registered Users must be eighteen (18) years of age or older and must complete the registration process.  You agree that the registration information you provide is accurate, complete and current, and you further agree to promptly update that information to keep it accurate, complete and current.  If you register on behalf of a business entity or other organization, you represent and warrant that you have the authority to provide the information required and to bind the organization to these Terms of Use

Once you have registered, you will receive a user id and password. You are responsible for maintaining the confidentiality of your user id and password, and are responsible for all activities that occur using your user id and password, whether or not expressly authorized by you.  AFSP will not be responsible for any damages resulting from the unauthorized use of your user id or password.  You agree to notify us immediately at JDozier-Ezell@afsp.org, of any such unauthorized use or any other breach of security.

9.            TERMINATION OF ACCESS AND USE

You agree that AFSP, in its sole discretion and without notice or other obligation to you, may suspend or terminate your access to and use of this Site if we believe that the information you provide is inaccurate, incomplete or not current, or if you violate any of these Terms of Use.

10.          ACCESS OUTSIDE OF THE UNITED STATES           

Your personal information will be hosted and processed by AFSP (or service providers acting on behalf of AFSP) in the United States, where data protection and privacy regulations may not afford the same level of protection as the laws of certain other countries, such as the member nations of the European Union.  AFSP makes no claims that our Site or any of its contents are appropriate or may be downloaded or accessed outside of the United States.  If you access our Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country.     

11.          INTERACTIONS WITH OTHERS

You are solely responsible for your interactions, both on-line and off-line, with other visitors to or Registered Users of this Site, and with persons you meet through such visitors or Registered Users.  You understand and acknowledge that we do not screen Registered Users, inquire into their backgrounds or attempt to verify the information they provide.  In all interactions, whether on-line or off-line, with other visitors to or Registered Users of this Site and with persons you meet through such visitors or Registered Users, you agree to take all precautions necessary to protect yourself, your property and your personal and financial information.  IN NO EVENT SHALL AFSP BE LIABLE FOR AND YOU AGREE TO RELEASE AFSP FROM LIABILITY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGE TO OR LOSS OF PROPERTY, EMOTIONAL DISTRESS, BODILY INJURY OR DEATH RESULTING FROM YOUR COMMUNICATIONS OR OTHER CONTACT, WHETHER ON-LINE OR OFF-LINE, WITH VISITORS OR REGISTERED USERS OF THIS SITE, OR PERSONS YOU MEET THROUGH SUCH VISITORS OR REGISTERED USERS.   

12.          PRIVACY POLICY

For information on our data collection practices, please read our Privacy Policy located at www.afsp.org.  You agree to the use of your data in accordance with our Privacy Policy.

13.          FEES

AFSP may charge fees for certain Products and Services from time to time.  To the extent applicable, You are responsible for any fees incurred in connection with your use of the Site and the Products and Services offered at the Site, and all applicable charges, expenses, tariffs and taxes.

14.          MODIFICATIONS TO WEBSITE

AFSP may, directly or indirectly, make improvements or changes in the Site or any portion thereof at any time without notice or obligation to you.  AFSP may modify or discontinue any Products or Services offered on the Site at any time, without notice or obligation to you. 

15.          DISCLAIMER OF WARRANTIES

THE SITE AND ALL INFORMATION, PRODUCTS AND SERVICES AVAILABLE AT THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFSP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE AND THE INFORMATION, PRODUCTS AND SERVICES AVAILABLE AT THIS SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS OR OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE.  IN ADDITION, AFSP DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT.

16.          LIMITATION OF LIABILITY

NEITHER AFSP NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR THIRD PARTY PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF AFSP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE, THE INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE, OR ANY LOSS, BUSINESS INTERRUPTION OR OTHER DAMAGE SUSTAINED IN CONNECTION WITH YOUR USE OF THE SITE OR THE INFORMATION, PRODUCTS OR SERVICES AVAILABLE AT THE SITE.  WITHOUT LIMITING THE FOREGOING, AFSP'S LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE OR THE INFORMATION, PRODUCTS OR SERVICES AVAILABLE AT THE SITE SHALL BE LIMITED TO THE GREATER OF ONE DOLLAR ($1.00) OR FIFTY PERCENT (50%) OF THE AMOUNT PAID TO AFSP FOR THE APPLICABLE PRODUCT OR SERVICE IN CONNECTION WITH SUCH USE.  THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 

17.          INDEMNIFICATION

You agree, at your expense, to indemnify, defend and hold harmless AFSP and its officers, directors, employees, agents, suppliers, licensors and third party partners from and against all claims, losses, expenses, damages and costs (collectively, “Damages”), including reasonable attorneys' fees, arising out of your use of this Site, including but not limited to the unauthorized use of your id or password, material you access, download, submit, post, transmit or make available through this Site, your violation of these Terms of Use and your violation of any rights of a third party.

18.          DISPUTE RESOLUTION

In the event of any controversy, dispute or claim arising out of or related to your use of the Site, the Products or Services, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association.  However, AFSP will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the Site, the Products, the Services, the Marks or the Proprietary Material.

In the event that you have a dispute with one or more visitors to or Registered Users of the Site, you hereby irrevocably release AFSP and its directors, officers, employees, agents, affiliates, subsidiaries, successors and assigns from any claims, demands or damages, direct or consequential, of any kind, known or unknown, disclosed and undisclosed, arising out of, related to or in connection with any such dispute. If you are a California resident, you hereby waive California Civil Code § 1542, which states that “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

19.          GOVERNING LAW

Except as provided in the second sentence of Section 18, all litigation, arbitration, mediation and other proceedings initiated in connection with the Site, the Products or Services will be venued exclusively in Philadelphia, Pennsylvania, USA.  These Terms of Use and the relationship between you and AFSP will be governed by the laws of the Commonwealth of Pennsylvania, USA, without giving effect to principles of conflict of laws of any jurisdiction.

20.           MISCELLANEOUS

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable under applicable law, then the invalid, illegal or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and AFSP as a result of these Terms of Use, or your use of the Site, the Products or the Services.  These Terms of Use and our Privacy Policy constitute the entire agreement between you and AFSP with respect to the Site, the Products and the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AFSP with respect to the Site, the Products and the Services.  In the event of a conflict between these Terms of Use and the terms and conditions of any of the foregoing, the Terms of Use  shall control with respect to their subject matter.  The Section titles in these Terms of Use are for convenience only and have no legal or contractual effect.  A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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