TERMS OF USE

 

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FIGHTLIKEAWARRIOR.ORG IS NOT IN A POSITION TO ASSIST THOSE CONTEMPLATING SUICIDE OR SELF-INJURY. IF YOU ARE HAVING THOUGHTS OF EITHER, PLEASE SEEK IMMEDIATE, PROFESSIONAL ASSISTANCE. YOU MAY CALL 911 (OR, IF NOT IN THE UNITED STATES, THE COMPARABLE EMERGENCY NUMBER IN YOUR COUNTRY), VISIT A HOSPITAL EMERGENCY ROOM, OR CALL THE NATIONAL SUICIDE PREVENTION HOTLINE, CURRENTLY 800-273-TALK (800-273-8255).

 

ACCEPTANCE OF TERMS

The Fightlikeawarrior.org website (the “Web Site”) is intended for a thriving community concerned about chronic illness, and a comfortable place for visitors to share information, views, opinions, suggestions and experiences.

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LIMITATIONS ON USE

Your use of the Web Site will constitute your acceptance of and willingness to abide by the Terms of Use. Please take the time to familiarize yourself with these important Terms. The Terms of Use may be changed at any time. The changes will appear in these Terms of Use, and your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms of Use. Therefore, you should read these Terms of Use each time you access the Web Site, before you begin using it.

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THIS WEB SITE IS NOT PART OF A MEDICAL OR OTHER HEALTHCARE PROVIDER OR ORGANIZATION. NOTHING CONTAINED ON THE WEB SITE IS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, NOR SHOULD IT BE CONSIDERED A REPLACEMENT FOR CONSULTATION WITH A MEDICAL OR OTHER HEALTHCARE PROFESSIONAL. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR PHYSICAL OR MENTAL HEALTH, YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A MEDICAL OR OTHER HEALTHCARE PROFESSIONAL.

 

CONTENT

This Web Site contains material, which may include, but shall not be limited to, text, graphics, images, photos, audio, video, names, likeness, data, messages, postings, sound and software ("Content"). This Web Site and the Content may be used by you only for your personal and non-commercial use. You agree not to copy, reproduce, modify, display, perform, publish, create derivative works from, or store any Content from the Web Site.

Fightlikeawarrior.org does not endorse, and specifically disclaims any responsibility or liability for any information, view, opinion, recommendation or Content displayed or distributed through the Web Site by third parties, regardless of the whether a topic is first raised by Fightlikeawarrior.org or a user. You acknowledge that by using this Web 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 Web Site and your reliance upon any such third party information or material is at your own risk.

By uploading, posting or otherwise transmitting Content to or through this Web Site, you represent and warrant that you are the owner of such Content or have all rights necessary to upload, post, or otherwise transmit and use such Content for your intended purpose and that the Content is not confidential. In addition, you grant Fightlikeawarrior.org and its affiliates, partners, officers, directors, agents, successors and assigns a perpetual, exclusive, royalty-free and irrevocable right and license to use, edit, reproduce, disseminate, modify, distort, adapt, publish, translate, distribute, transmit, print, publicly display, publicly perform, sublicense, create derivative works from, transfer, post and sell (collectively, “Uses”) any such Content. You recognize that your Content will be accessible to other users, and you hereby remise, release and forever discharge Fightlikeawarrior.org and its affiliates, partners, officers, directors, employees, volunteers, agents, successors and assigns from any actual or alleged damages of any kind related to, arising from, or in any way connected with the Uses of such Content. Nobody under the age of eighteen (18) is permitted to upload, post or otherwise transmit content to or through this Web Site without the consent of her/his parent or guardian. 

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LINKS TO THIRD PARTY SITES

As a convenience to you, this Web Site contains links to web sites and programs operated by persons or entities other than Fightlikeawarrior.org. A link from Fightlikeawarrior.org to another web site or program does not imply or mean that Fightlikeawarrior.org endorses the content on that web site or program, or the operators or the operations of that web site or program. Fightlikeawarrior.org does not review and specifically disclaims responsibility for materials posted or activities that occur on linked sites. You are solely responsible for determining the extent to which you use any content at any web sites to which you link from Fightlikeawarrior.org, and you agree not to hold Fightlikeawarrior.org responsible for the content or operation of such web sites.

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TRANSACTIONS WITH THIS WEB SITE

If you wish to make purchases through this Web Site, you may be asked by the merchant or operator from whom you are making the purchase to supply certain information, including credit card, debit card, or other payment mechanism information. You agree not to hold Fightlikeawarrior.org liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or operator from which you are making the purchase. You agree that all information you provide in connection with such purchase shall be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make. You are reminded that third party sites are separate from Fightlikeawarrior.org, subject to their own policies and terms, including privacy policies.

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E-MAIL

Fightlikeawarrior.org will have no responsibility or liability for the deletion of or failure to post, respond to or store any e-mail or other communications from you. You may not use Fightlikeawarrior.org as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using this Web Site or any of the services or resources available here. You may not transmit to this Web Site e-mail that includes false or misleading information in the return address or in the subject line.

You may always unsubscribe from Fightlikeawarrior.org emails by clicking on the unsubscribe link at the bottom of the email.  Or you may email Fightlikeawarrior.org to indicate that you would like to unsubscribe from mailings. Please email Fightlikeawarrior.org from the email address on file in order to verify ownership.

 

RULES OF CONDUCT

You agree to abide by the following rules, and all administrative and moderator decisions, in your online communications with or through Fightlikeawarrior.org, and you acknowledge that Fightlikeawarrior.org may suspend or terminate your access to online communications in its sole discretion:

• You agree not to communicate any personally identifiable information about any person, without his or her advance written consent, and acknowledge that any person under the age of eighteen (18) must have parent or guardian consent.

• If you are eighteen (18) years of age or older, you agree not to provide your own personally identifiable information without the consent of your parent or guardian.

• You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, or participate in deliberate, repeated, hostile behavior ("cyberbullying"). You agree not to provide Content that is inappropriate, unlawful, hateful, profane, hostile, disruptive, defamatory, obscene, pornographic, hostile, or indecent.

• You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

• You agree not to violate the intellectual property rights of Fightlikeawarrior.org or others.

• You agree not to upload files, or cause users to upload files, that contain viruses, worms, "Trojan horses", corrupted files, or any similar software or programs that may adversely affect the operation of another's computer hardware, software or

• All payments should be made to Fightlikeawarrior.org. No third party is authorized to accept funds on behalf on Fightlikeawarrior.org.

• You agree not to violate any applicable local, state, national or international law in your use of this Web Site.

 

INTERACTIONS WITH OTHERS

You are solely responsible for your interactions, both on-line and off-line, with other visitors to this Web Site, and with persons you meet through such visitors. You understand and acknowledge that Fightlikeawarrior.org does not do any screening of individuals or the information they provide. In all interactions, whether on-line or off-line, with other visitors to this Web Site and with persons you meet through them, you agree to take all precautions necessary to protect yourself, your property and your personal, health and financial information. Further, if you are under eighteen (18) years of age, you agree that you will not, under any circumstance: (i) provide your full name, address or other personally identifiable information to any person; (ii) provide your Social Security number or any other financial information to any person; (iii) provide information disclosing your current or future whereabouts; (iv) any have any off-line communications or interactions of any kind with other visitors to this Web Site or with persons you meet through such visitors; or (v) rely upon any personally identifiable information provided by such persons, regardless of the form in which such information is provided.   IN NO EVENT WILL FIGHTLIKEAWARRIOR.ORG BE LIABLE FOR AND YOU AGREE TO RELEASE IT FROM LIABILITY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB 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 TO THE WEB SITE, OR PERSONS YOU MEET THROUGH SUCH VISITORS.

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PRIVACY

Fightlikeawarrior.org collects and uses information about you to communicate with you about services, promotions, programs, and events, and to customize its communications in those areas. Fightlikeawarrior.org also collects information to improve your website experience. Here are the ways information about you is obtained and used:

1. When you register, request newsletters or other information, or Contact Us via the Web Site, email or social media, you may be asked for information such as your name, address, and email address, which will be used grant your request or respond to you. Unless you consent, this information is not retained for any other purpose.

2. Fightlikeawarrior.org uses cookies and log files on the Web Site. Cookies are small text files that websites often store on the computer hard drives of visitors to their sites. A cookie contains a unique code, which is used to recognize your computer when a user of your computer returns to a website that was visited previously. Log files are small text files that websites automatically create when a user visits a site. Fightlikeawarrior.org uses cookies and log files to enhance the online experience of visitors and to better understand how the Web Site is used. Cookies and log files may tell us, for example, whether you have visited our site before or whether you are a new visitor. The “help” portion of the toolbar on most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Remember, though, without cookies, you may not be able to take full advantage of all the Web Site features.

3. When you sign up to participate in contests or sweepstakes, you may provide information such as your name, address or email address. The information will be used to enter you in the contest or sweepstakes and contact you if you win. Also, Fightlikeawarrior.org will add your email address to its newsletter list. If you do not want to receive information about Fightlikeawarrior.org, you may choose not to participate in contests and sweepstakes.

4. You also give us contact information and credit card or checking information for purchases and contributions. We use this information for that purpose and to customize our communication with you. Fightlikeawarrior.org will not share this personal information with anyone else.

The security of personal information is a high priority for us. We do our best to maintain online and offline safeguards to protect against unauthorized disclosure, use, alteration and destruction of the personal information in our possession, but cannot guarantee the safety of this information. When we work with other companies to process credit card transactions, Fightlikeawarrior.org relies upon those companies to use encryption and/or other security measures.    

 

DISCLIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

DUE TO THE NUMBER OF SOURCES FROM WHICH THE CONTENT IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, ERRORS, OMISSIONS, OR INACCURACIES IN SUCH CONTENT AND THE WEB SITE. THE CONTENT AND THE WEBSITE ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES OR REPRESENTATIONS. USE OF OR RELIANCE ON THE CONTENT AT THIS WEB SITE IS AT THE USER'S OWN RISK. FIGHTLIKEAWARRIOR.ORG AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE WEB SITE, OR OF THE WEB SITE ITSELF, AND FIGHTLIKEAWARRIOR.ORG HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES.

NEITHER FIGHTLIKEAWARRIOR.ORG NOR ANY OF ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, LICENSORS, SUCCESSORS OR ASSIGNS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY FROM USE OF THE WEB SITE AND/OR ANY CONTENT AT THE WEB SITE. IN NO EVENT WILL FIGHTLIKEAWARRIOR.ORG OR ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, LICENSORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE. FIGHTLIKEAWARRIOR.ORG AND ITS AFFILIATES, PARTNERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES), EVEN IF ADVISED OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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INDEMNIFICATION

YOU AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS FIGHTLIKEAWARRIOR.ORG, ITS AFFILIATES, PARTNERS, SUCCESSORS AND ASSIGNS, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS AND AGENTS OF EACH FROM ANY ACTUAL OR ALLEGED CLAIMS, DAMAGES, LOSSES, EXPENSES OR COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) THAT ARISE OUT OF YOUR USE OF THE WEB SITE, YOUR VIOLATION OF THESE TERMS OF USE, THE UNAUTHORIZED USE OF YOUR USER NAME OR PASSWORD, ANY MATERIAL YOU ACCESS, UPLOAD, DOWNLOAD, SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE TO OR THROUGH THE WEB SITE, OR YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.

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ADDITIONAL TERMS

These Terms of Use constitute the entire agreement between you and Fightlikeawarrior.org and supersede any prior or contemporaneous representations or agreements. All rights not expressly granted to you by these Terms of Use are reserved to us. These Terms of Use and your rights and obligations shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to principles of conflict of laws. You expressly agree that any legal proceeding between Fightlikeawarrior.org and you concerning your use of Fightlikeawarrior.org, these Terms of Use or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction in Berks County, Pennsylvania, provided that we shall be entitled to apply for injunctive relief in any jurisdiction. You hereby waive any objections to venue based upon inconvenience. You further agree that Fightlikeawarrior.org's failure to enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.