Terms of Service

 

We welcome you to Freefromharm.org (the “Website”), a site designed to provide information about health, food and sustainability and to create a community of like-minded people interested in the topics we discuss (the “Service”). PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.

Acceptance of Terms. This Terms of Use Agreement (the “Agreement”) sets forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered on the Website as a user). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.

General Registration Requirements. If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s application form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Free from Harm reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Use of the Service and membership on the Website is void where prohibited.

Minors. Due to the nature of the internet, we cannot prohibit minors from visiting our web site. However, all users who register with our web site must be 18 years of age or older.

Member Account, Password and Security. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Free from Harm (email: info@freefromharm.org) of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Free from Harm will not be liable for any loss or damage arising from your failure to comply with this Section 2.3.

Prohibited Conduct. You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) that:

is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

harasses or advocates harassment of another person;

exploits people in a sexual or violent manner;

contains nudity, violence, or offensive subject matter;

solicits personal information from anyone under the age of eighteen (18);

provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;

promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;

involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or

includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent.

Responsibility for Content. You, and not Free from Harm, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Free from Harm does not control the Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Free from Harm be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

Rejection/Removal of Content. You acknowledge that Free from Harm may or may not pre-screen Content posted on the Website, but that Free from Harm shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Free from Harm shall have the right to remove from the Website any Content that violates this Agreement or is otherwise objectionable, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Services by any person, please contact Free from Harm (email: info@freefromharm.org).

Preservation/Disclosure. You acknowledge, consent and agree that Free from Harm may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Free from Harm, its Members and the public. Under no other circumstances will Free from Harm disclose your account information to any third party.

Security Components. You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Free from Harm and/or content providers who provide content to Free from Harm. You may not attempt to override or circumvent any such security components and usage rules embedded into the Website.

Non-commercial Use. The Service may not be used in connection with any commercial purposes, except as specifically approved by Free from Harm. Unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges.

License to Your Content. By displaying or publishing (“posting”) any Content on or through the Website, you hereby grant to Free from Harm a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Website. This license will terminate at the time you remove such Content from the Website. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on Free from Harm’s servers after you have removed the Content from the Website, and Free from Harm retains the rights to those copies. You represent and warrant that: (i) you own the Content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Free from Harm and Third Party Content. The Website contains Content of Free from Harm (“Free from Harm Content”), which is protected by copyright, trademark, patent, trade secret and other laws, and Free from Harm owns and retains all rights in the Free from Harm Content. Free from Harm hereby grants to you a limited, revocable, non-sublicensable license to reproduce and display the Free from Harm Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Service. The Website also contains Content of other Members and other Free from Harm licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Website without prior written approval.

International Use. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Privacy Policy. Free from Harm respects your privacy and permits you to control the treatment of your personal information. A complete statement of our current privacy policy can be found in our “Privacy Policy”. The Privacy Policy is expressly incorporated into this Agreement by this reference.

Copyright Policy. Free from Harm has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website or with the Service. Free from Harm has adopted a policy that provides for the immediate suspension and/or termination of any Website or Service user who is found to have infringed on the rights of Free from Harm or of a third party, or otherwise violated any intellectual property laws or regulations. Free from Harm’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Free from Harm to delete, edit, or disable the material in question, you must provide Free from Harm with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Free from Harm to locate the material; (d) information reasonably sufficient to permit Free from Harm to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Free from Harm at info@freefromharm.org.

Member Disputes. You are solely responsible for your interactions with other Members. Free from Harm, reserves the right, but has no obligation, to monitor disputes between you and other Members.

Term and Termination. This Agreement shall remain in full force and effect while you use the Website or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the Profile page. Free from Harm reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Free from Harm believes that you have breached any of the terms of this Agreement, furnished Free from Harm with false or misleading information, or interfered with use of the Website or the Service by others. The terms of Sections 9 -13 shall survive termination of this Agreement and your use of the Service.

Disclaimer of Warranties. You expressly understand and agree that:

Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Free from Harm and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Free from Harm and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; and (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations.

Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Limitation on Liability. In no event shall Free from Harm be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the service, even if Free from Harm has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Free from Harm’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Free from Harm for the services.

Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of sections 9 and 10 may not apply to you; all other provisions of the agreement remain in full force and effect.

Indemnity. You agree to indemnify, defend, and hold harmless Free from Harm its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Free from Harm will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Entire Agreement. This Agreement, together with any other terms or policies referenced herein, constitutes the entire agreement between you and Free from Harm and governs your use of the Service, superseding any prior agreements between you and Free from Harm with respect to the Service.

Choice of Law and Forum. This Agreement and the relationship between you and Free from Harm, shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Free from Harm agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Chicago, Illinois.

Waiver and Severability of Terms. The failure of Free from Harm to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you have any questions regarding this Agreement, please contact us by email at info@freefromharm.org.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

These terms of service were last updated on March 29, 2011.