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WEB SITE TERMS AND CONDITIONS OF USE
ALL PAGES WITHIN THIS WEB SITE AND ANY INFORMATION, MATERIAL, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE WEB SITE (INCLUDING, WITHOUT LIMITATION, ANY MATERIALS MADE AVAILABLE FOR DOWNLOAD) (COLLECTIVELY THE "SITE") ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS AND CONDITIONS"). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. THE CHARLES E. KUBLY FOUNDATION ("THE FOUNDATION") MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
The information contained in the Site is presented for the purpose of raising awareness of depression and other mental health issues. Nothing contained in the Site is intended to be instructional for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. You should never disregard medical advice or delay in seeking it because of something you have read in the Site. Information contained in the Site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care related questions, call or see your physician or other qualified health care provider promptly, or contact your local emergency services in case of an emergency. Always consult with your physician or other qualified health care provider with your health care related questions, or before embarking on a new treatment, diet or fitness program.
The information contained in the site is compiled from a variety of sources ("Information Providers"). Neither the Foundation nor its Information Providers directly or indirectly practice medicine or dispense medical services. The Site may contain health or medical related materials that you find offensive. The Foundation accepts no responsibility for such materials, and use of the site is at your own risk.
Although the Foundation attempts to ensure the integrity and accuracy of the web site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform the Foundation so that it can be corrected. Information contained on the Site may be changed or updated without notice. The Foundation and its Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site or any content or information contained within it. The Foundation and its information providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. The Foundation and its Information Providers cannot and do not guarantee or warrant that files available for downloading from the Site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. The Foundation and its Information Providers do not warrant or guarantee that the use of the Site will be uninterrupted or error-free or that defects in the site will be corrected.
2. Restrictions on Use
The Site is the property of the Foundation. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified or distributed in any form without the express written permission of the Foundation. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by The Foundation.
3. Trademarks and Logos
All trademarks, service marks and logos used on the Site are the trademarks, service marks or logos of the Foundation or their respective owners. You agree that you will not use any such trademarks, service marks or logos without the prior written consent of the Foundation, and in the case of third party trademarks, service marks or logos, the prior written consent of the third party owner.
4. Warranty Disclaimer/Limitation of Liability
THE SITE IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS OR USE OF THIS SITE AND HYPERLINKED WEB SITES. THE FOUNDATION, AND ITS INFORMATION PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ARE NEITHER RESPONSIBLE NOR LIABLE TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR ACCESS OR USE OF THE SITE. NOTWITHSTANDING THE FOREGOING, THE FOUNDATION, INFORMATION PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY HYPERLINKED WEB SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE HYPERLINKED WEB SITES.
You agree to indemnify, defend and hold harmless the Foundation, its Information Providers and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorney fees, resulting from any violation of these Terms and Conditions.
6. Confidential and Proprietary Information
Except where otherwise noted, the Foundation does not use encryption technology to protect the information that we collect from you. If any information you send is misdirected or intercepted, it can be read by others. Accordingly, do not send confidential information, or specific personal information related to a medical condition, to us through the Site or email.
"Cookies" are small bits of information that are stored by your browser onto your hard drive as you visit web pages. Like many other web sites, we may use these tools for purposes such as monitoring the traffic flow of visitors from other sites. Most web browsers automatically accept cookies, but you may be able to change your browser settings to prevent this. If you reject cookies from our Site, some parts of the Site may not work properly and may not be available. Contact your internet service provider for more information.
9. Links or Pointers to Other Sites
The Foundation makes no representations whatsoever about any other web site that you may access through this Site. When you access a third party web site, please understand that it is independent from the Foundation, and that the Foundation has no control over the content on that web site. In addition, a hyperlink to a third party web site does not mean that the Foundation endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. You are encouraged to use discretion while browsing the Internet on searches initiated at the Site. The Foundation links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites that contain inaccurate information, false or misleading advertising, or information that violates copyright, libel or defamation laws. The Foundation and its information providers make no representations concerning any effort to review all of the content of such sites.
10. User Representations
You represent and warrant that you are at least 18 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. If you are not 18 years of age, you are not permitted to use this Site and must exit now. You agree to be responsible for your use of the Site and to comply with your responsibilities and obligations as stated in these Terms and Conditions.
11. Choice of Law and Venue
These Terms and Conditions constitute and agreement entered into in the State of Wisconsin and shall be governed by and construed in accordance with the laws of the State of Wisconsin, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Milwaukee in the State of Wisconsin, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the Foundation will be entitled to all costs and attorney fees it incurs. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
This Site is not targeted to users in any particular locality, nor is it intended to constitute the doing of business in any jurisdiction, nor to be a solicitation of business anywhere on behalf of the Foundation, nor to constitute any contacts with any jurisdiction outside the state of Wisconsin. Any cause of action or claim you have regarding the Site must be commenced within one year after the claim or cause of action arises or the claim or cause of action is barred. Notice may be given to you as a user of this site by posting information to this site. Notice may be given to the Foundation only by delivery to the Charles E. Kubly Foundation, 1341 W. Mequon Road, Suite 220, Mequon, WI 53092.
12. Entire Agreement
These Terms and Conditions constitute the entire agreement between the Foundation and you pertaining to the subject matter hereof. In its sole discretion, the Foundation may modify these Terms and Conditions by notifying you or by posting the revised version on this site.
13. No Unlawful or Prohibited Purpose
As a condition of your use of the Site, you warrant to the Foundation that you will not use the site for any purpose that is unlawful or prohibited by these Terms and Conditions.