- Ownership of Content and License to User Content. All the text, files, images, videos, photos, works of authorship or other materials (collectively, “Content”) provided on this Site, other than the Content that you post, is provided either by Shanti or by its licensors, third party authors, developers, vendors and members (collectively, “Third Party Providers”) and intellectual property rights in this Content are owned by Shanti or these Third Party Providers. Elements of the Site are protected by copyright and other laws and may not be copied or imitated in whole or in part. Product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. With respect to the Content posted on the Site by medical experts and other leading HIV/AIDS organizations, see 2. Information Provided by Shanti.We do not claim a copyright in the text, files, images, videos, photos, works of authorship or other materials that you post on the Site (collectively “User Content”). After posting User Content to the Site, you continue to retain ownership of such User Content. You represent that you own any User Content posted on the Site or otherwise have the right to post such User Content and grant the license set forth in this section. Except with respect to your L.I.F.E. Online Outcome Manager (“LOOM”) account, the terms of which are governed by the L.I.F.E. Online USER Agreement, by posting User Content to the Site, you grant us a perpetual, royalty-free, worldwide, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, transmit, and sublicense, such User Content in any medium. Without this limited license, we would not be able to include User Content in the Site. This license is non-exclusive. CHILDREN UNDER THE AGE OF THIRTEEN ARE NOT PERMITTED TO SUBMIT ANY USER CONTENT.
- Information Provided by Shanti. Although Shanti strives to provide Content that is both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although Shanti endeavors to use reasonable care in assembling the Content, the Content may not be up-to-date, accurate or complete. In addition, portions of the Content have been contributed to the Site by various entities and service providers. The inclusion of such information does not indicate any approval or endorsement thereof, and Shanti expressly disclaims any liability with respect to the foregoing.Shanti hopes and believes that the Content will be helpful as background reference, but the content should not be construed as legal, medical, or other professional advice on any subject matter. Shanti has endeavored to comply with legal and ethical requirements known to Shanti personnel who compiled this Site, but Shanti is not engaged in rendering legal, medical, or other professional services, and availability for use of the Content is not intended to create, and does not create, any attorney-client, doctor-patient, or other professional services relationship. Use of the Content is not an adequate substitute for obtaining legal, medical, or other professional advice from a licensed provider in your jurisdiction. You agree that you will not act or refrain from acting based on any of the Materials without first seeking the services of a competent professional.
- User License. We hereby grant you, subject to the terms and conditions of this Agreement, the right to view and use this Site for your personal, non-commercial use and to download and/or print pages or articles from the Site for your personal and non-commercial use only (the “Permitted Uses”); provided the Content is not modified in any way and all copyright and other proprietary notices are kept intact. No other use of the Content is permitted. You may not reprint or electronically reproduce any Content in whole or in part for any other purpose, without our prior written consent. Furthermore, you may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof, other than your User Content, without our prior written consent in each instance. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any portion of the Site) with or without notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Site.
- Health Information Disclaimer. The Content on this Site is intended to be used for informational purposes only. The Content is not intended to be and should not be interpreted as a recommendation for a specific treatment plan, product, course of action or medical or health care provider. Your use of this Site does not create a doctor/patient relationship. THE SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. You should not use the Site to diagnose a health or fitness problem or disease. Use of the Site is not a substitute for consultations with a qualified health or medical professional. NEVER DISREGARD THE MEDICAL ADVICE OF A PHYSICIAN OR HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF SOMETHING YOU READ ON THIS SITE. Although we strive to ensure that the information we provide on this Site is correct, we cannot guarantee that it is always accurate and up-to-date. We offer this Site “AS IS” and without any warranties.
- Usage Rules. As a condition of your use of the Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by this Agreement. By completing the registration process in the L.I.F.E. Online Outcome Manager on the Site, you establish an account with us (an “Account”) and you represent that the information you provide in the registration process is accurate and current. You are responsible for maintaining the confidentiality of your password and you agree to notify us promptly at firstname.lastname@example.org of any unauthorized use of your account. In addition, you may post to certain areas of the Site without registering, including our commenting on news, blog, or story posts. We reserve the right to delete any username that we deem inappropriate or offensive. We encourage you to report inaccurate, offensive or illegal content by writing to us at email@example.com. We reserve the right to block transmission of, and or remove any User Content that you post to the Site, at any time, for any reason, and without prior notice to you. Without limiting the generality of the foregoing, you expressly acknowledge and agree that the following rules shall apply to your use of the Site:
- You are responsible for any User Content posted to the Site.
- You may not post or transmit any User Content which is illegal, libelous or defamatory. You may not post or transmit any User Content which discloses private or personal matters concerning any person other than yourself without the consent of such person or his or her legal guardian. You may not post or transmit any User Content which is indecent, obscene or pornographic.
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features.
- You may not post or transmit any User Content which is harmful, threatening, abusive or hateful.
- You may not post or transmit spam, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services.
- You may not use any robot, spider or other automated means to access this Site for any reason without our prior written consent, unless they comply with the Robots Exclusion Protocol. If you violate this provision, we may, among other things, terminate your access to the Site, delete your Account, remove your User Content from the Site and prevent any further access by you to the Site, your Account or your User Content. To be clear, even users that access the Site through automated means are consenting to this Agreement.
- The Site, including blogs and boards, is designed for educational purposes only. Authors of articles mentioned on the Site are independent and are solely responsible for editing and fact-checking their material. Neither Shanti nor any sponsor is the publisher or speaker of posted visitors’ comments or articles.
- Review of Postings & Uploads. We assume no responsibility for monitoring User Content. We do not and cannot review all User Content posted or uploaded to the Site and are not responsible for such User Content; however, we reserve the right (but assume no obligation) to delete, move, condense or edit postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
- Trademarks. L.I.F.E.®, The L.I.F.E. Program®, L.I.F.E. en Español®, and El Programa L.I.F.E.® are registered trademarks of Shanti Project, Inc. All of the trademarks, service marks, and logos displayed on this Site (the “Trademarks”) are registered and unregistered trademarks of Shanti, its affiliates, or third parties. Nothing in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to any of the Trademarks without our express written permission or the express written permission of the owner of the applicable Trademark. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.
- Procedures for Claimed Copyright Infringement. We respect the intellectual property rights of others, and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent:
- an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material you claim is infringing is located on the Site;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
Our agent may be contacted as follows:
730 Polk St. – Third Floor
San Francisco, CA 94109
Attn: Kaushik Roy
- Linking and Framing. The Site may contain links to or advertisements for Web sites operated by other parties (the “Third Party Sites”). The links to and advertisements concerning Third Party Sites are provided for your convenience. We do not control such Third Party Sites and we are not responsible for the content and performance of these Third Party Sites or for your transactions with them. Our inclusion of links to or advertisements for such Third Party Sites does not imply any endorsement of the material, products or services on such Third Party Sites or any association with their operators.Without a written agreement with us to the contrary, you must obey the following rules for linking to the Site or any pages within the Site:
- All links must be text-only links or the official logo of Shanti, which you can find here.
- The link’s appearance, position or other characteristics must not damage or dilute the goodwill associated with our reputation or trademarks.
- The link’s appearance, position or other characteristics must not create the false impression that we sponsor, endorse or are associated with any other entity, product or service.
- The link must display the Site on the full-screen and not within a “frame.”
- We reserve the right to revoke our consent to any link at any time; in which case, you agree to remove your links to the Site.
- Geographic Disclaimer. The Site is administered by Shanti from San Francisco, CA and is intended for users who are U.S. residents. Access to the Site and the Content may not be legal in some countries outside the United States. If you elect to access and use the Site and Content from outside of the United States, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations.
- DISCLAIMER OF WARRANTIES. THIS SITE AND ITS CONTENT ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY FOR ANY PURPOSE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SERVICE. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE. ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, PLEASE NOTE THAT MEDICAL INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN ERRORS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
- We take no responsibility for User Content or third party advertisements that are posted on the Site, nor do we take any responsibility for the goods or services provided by our advertisers.
- Shanti AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON.
- NO OPINION, ADVICE OR STATEMENT OF Shanti OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Shanti SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODES OF CONDUCT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF Shanti, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE.
- Shanti DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Shanti WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
- Indemnification. You agree to indemnify, defend and hold harmless Shanti Project, Inc., its officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the “Shanti Parties”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from (a) any User Content posted through your Account, or (b) your use of the Content or Site; and/or (c) your breach of the terms of this Agreement (including infringement of any third parties’ intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your Account.
- Waiver, Release and Limitation of Liability. YOU AGREE THAT NONE OF THE Shanti PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE HEALTHCENTRAL PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE Shanti Parties) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE Shanti PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER TO Shanti FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL ANY OF THE Shanti Parties BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE.NONE OF THE Shanti PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU.CERTAIN OF THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT BE PERMITTED UNDER THE LAWS OF SOME STATES AND THEREFORE MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO YOU, FOR ANY REASON, THEN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE Shanti PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS IN THE AGGREGATE.
- Third Party Rights. The provisions of paragraphs 12 (Indemnification) and 13 (Waiver, Release and Limitation of Liability) are for the benefit of the Shanti Parties. Each of the Shanti Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.
- User Representations. You represent and warrant that you are at least 13 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. You agree to be financially responsible for your use of the Site (as well as for use of your Account by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
- Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between Shanti and you for any purpose concerning this Agreement or the parties’ obligations under this Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Arlington County, Virginia, United States, and by accessing the Site you consent to the personal jurisdiction of any state or federal court located in San Francisco, California.Any cause of action or claim you may have with respect to the Site and/or this Agreement must be commenced within one (1) year after the claim or cause of action arises. This Agreement constitutes the entire Agreement between Shanti and you with respect to your access and use of the Site. Any failure by us to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of that or any other provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
- Notice for California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
- Termination, Assignment. We may terminate your Account at any time without notice to you. We may assign our rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement to anyone else.
- Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.