Project Alive & Kicking provides information to help advance pregnancy health research, services and health professional and public education. The materials contained on the Project Alive & Kicking website, including but not limited to text, graphics and images, are not intended to be used for the diagnosis or treatment of a health problem, or as a substitute for consulting a licensed medical professional or obtaining either emergency or first aid treatment, and are provided for informational purposes only. If you are in a life threatening or emergency medical situation, seek assistance from a medical professional immediately.
Please read these terms of use (“Terms”) carefully before accessing or participating in any chatroom, newsgroup, bulletin board, mailing list, website, transaction or other on-line forum available at ProjectAliveandKicking.org (the “Site”). By accessing, browsing, using and participating in the Site, you signify that you have read these Terms, accept and agree to, without limitation or qualification, be bound by and comply with them, and acknowledge that any other agreements between you and Project Alive & Kicking are superseded and of no force or effect with respect to your access and use of the Site. If you do not agree to be bound by the Terms, please promptly exit the site.
Project Alive & Kicking maintains the Site for your personal information, education, and communication. Please feel free to browse the Site. In consideration for your agreement to the Terms, Project Alive & Kicking grants you a personal, non-exclusive, non-transferable license to access and use the Site. You may use the Site for legal purposes only. You may download material displayed on the Site for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text and images, without Project Alive & Kicking’s written permission. You understand that Project Alive & Kicking makes no representation that the information on the Site is appropriate or available for use in locations outside of the United States, and access to the Project Alive & Kicking Site from territories where the content of the Site may be illegal or inappropriate is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
The Site does not provide medical advice. Project Alive & Kicking is not engaged in the provision of medical or similar professional services or advice, and the information provided on the Site is not intended to replace medical advice offered by a licensed medical professional. If you desire or need such services or advice, you should promptly consult a physician or professional health care provider.
You should assume that everything you see or read on the Site is copyrighted, unless otherwise noted, and may not be used except as provided in these Terms or in the text on the Site without the written permission of Project Alive & Kicking or the identified trademark holder. Project Alive & Kicking neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Project Alive & Kicking.
Project Alive & Kicking respects the intellectual property rights of others. If you believe your copyright has been violated on the Site, please give notice to DMCA_Agent@projectaliveandkicking.org, the agent designated in accordance with Title II of the Digital Millennium Copyright Act (DMCA) to receive notification of a claimed copyright infringement for Project Alive and Kicking domain: www.projectaliveandkicking.org.
The trademarks, trade names, logos and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Project Alive & Kicking and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Project Alive & Kicking or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. You are also advised that Project Alive & Kicking will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
While Project Alive & Kicking uses reasonable efforts to include accurate and up-to-date information on the Site. Project Alive & Kicking does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of any page on the Site, information obtained from the Site, or a link to the Site. Project Alive & Kicking does not warrant that the Site will operate in an uninterrupted or error free manner or that the Site is free from viruses or other harmful components. Use of information obtained from or through the Site is at your own risk.
Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
YOU AGREE THAT NEITHER PROJECT ALIVE & KICKING NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES, EITHER ACTION OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE SITE, OR TO YOUR PLACE OF CONTENT ON THE SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE. IN PARTICULAR, PROJECT ALIVE & KICKING ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, VIRUSES, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT OR IMAGES FROM THE SITE, OR ANY PURCHASES ON THIS SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.
Certain areas of the Site may enable you to access online forums, containing the personal opinions and other expressions of the persons who post entries on a wide range of topics, and to submit e-mails, or otherwise provide feedback to Project Alive & Kicking. Neither the topics, nor the links to other websites, are screened, approved, reviewed or endorsed by Project Alive & Kicking, and Project Alive & Kicking specifically disclaims any responsibility or liability for any such content in these fora. The text and other material on these fora are the opinion of the specific author and are not statements of advice, opinion, or information of Project Alive & Kicking. If you feel you might be offended by the content of the fora, you should not continue.
You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Site.
Any “personally identifiable information” in electronic communications to the Site is governed by the Site’s Privacy Policy. On the other hand, any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. You understand that anything you transmit or post may be used by Project Alive & Kicking or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Project Alive & Kicking is free to use any ideas, concepts, know-how, processes, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and services using such ideas, concepts, know-how, processes, or techniques.
The Site may include hyperlinks to websites controlled by others. Project Alive & Kicking is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites. Your linking to any other off-site pages or other sites is at your own risk. Once you link to another site, please be sure to review the terms and conditions or legal notice and privacy policy of the new site. They may be different from those governing the Site.
You agree to indemnify and hold Project Alive & Kicking, its officers, directors, employees, agents, licensors, and suppliers (hereinafter “Indemnified Parties”), harmless from any claims, actions, demands, losses or damages, including legal fees, resulting from your violation of these Terms, your use of the Site or your placement of any content onto the Site, and to fully cooperate in the Indemnified Parties’ defense against any such claims.
This agreement and its performance shall be governed by the laws of the State of South Carolina, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Charleston County, the state of South Carolina, United States of America, in all questions and controversies arising out of your use of the Site and these Terms or any content posted to the Site, including copies and republication thereof, whether based in contract, tort, statutory or other law. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Site must be brought within three (3) years from the date on which such claim or action arose or accrued.
Project Alive & Kicking may, at any time, revise the Terms governing use of the Site. If the Terms contained in this Legal Notice are changed, the amended notice will be posted on the Site. You are bound by any such revisions and should, therefore, periodically review this Legal Notice to familiarize yourself with any revision to these Terms.
These Terms constitute the entire agreement between you and Project Alive & Kicking with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.