This Website Terms of Service Agreement (the or these "Terms of Service") is a binding legal contract between you ("You" either an individual or legal entity) and Immigrant and Family Health, Inc. ("I.F. Health"). The Terms of Service governs you access to and use of the websites offered by I.F. Health including without limitation www.ifhealth.org web sites and any software, programs, services, tools, features, databases, materials, content or information available through it or used in connection with it (collectively, the "Sites" and each individually a "Site"). By downloading, accessing or using any part of the Site you have accessed, You will be bound by the terms of these Terms of Service. If You do not agree to the terms of these Terms of Service, I.F. Health is not willing to grant You any right to use or access the Site. In such event, You are not granted permission to access or otherwise use the Site and are instructed to exit the Site immediately.
I.F. Health may change, add, or remove portions of the Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review the Terms of Service prior to each use of the Site, and by continuing to use the Site, you agree to any changes.
(a) In using the Services, you shall not:
(i) violate any applicable international, federal or state laws, regulations or rules or any securities exchange requirements (collectively, “Laws”), including by using any Information in a manner that violates the U.S. CAN-SPAM Act of 2003, as such statute may be amended from time to time;
(ii) Make any Information available to I.F. Health if doing so would violate any applicable Laws, industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, or employer policies or other requirements to which you are bound;
(iii) Transmit any information, data, images, or other materials that are unlawful, harmful, threatening, harassing, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another’s right of privacy or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party;
(iv) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(v) Violate or attempt to violate the security of any of the Services, including: logging in to a server or account that you are not authorized to access; attempting to test, scan, probe or hack the vulnerability of the Site or any network used by the Site or to breach security, encryption or other authentication measures; or attempting to interfere with the Site by overloading, flooding, pinging, mail bombing or crashing it;
(vi) Reverse engineer, decompile or disassemble any portion of the Services; or
(vii) “Scrape” information from the Services, or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search any portion of the Site, other than the search engine and search agents available from I.F. Health on the Site and generally available to third party web browsers (e.g., Mozilla Firefox, Google Chrome and Microsoft Internet Explorer).
(b) You shall: (i) provide true, accurate, current and complete information about yourself if prompted by the registration form; and (ii) maintain and update this information to keep it true, accurate, current, and complete.
I.F. Health may provide links to third-party websites. I.F. Health is not responsible for the content of linked third-party websites, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions for such websites. I.F. Health shall have no liability whatsoever with respect to any liabilities that you may incur with any of these third-party websites or vendors. Please carefully review the terms and conditions applicable to your purchase of goods from a third-party.
imitation of Liability
IN NO EVENT SHALL I.F.HEALTH, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED IN THE SERVICES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF I.F.HEALTH HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)), RESULTING FROM THE SERVICES; THE USE OR THE INABILITY TO USE THE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICES); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SERVICES OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, I.F.HEALTH'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED DOLLARS.
(a) Relationship. No joint venture, partnership, employment or agency relationship exists between you and I.F. Health as a result of these Terms and/or your use of the Services.
(b) Authority. The person accepting these Terms on behalf of each party represents and warrants that he or she has been duly authorized by that party to accept the Agreement and thereby bind it to these terms. The parties agree that these Terms shall be effective as of the date accepted by you.
(c) Entire Agreement. These Terms represent the entire binding agreement between you and I.F. Health with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding Services. If you use particular Services, you and I.F. Health shall be subject to any additional posted terms, guidelines or rules applicable to such Services. A printed version of these Terms and of any notice given shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
(d) Assignment and Waiver. I.F. Health may assign these Terms at its discretion. You may not assign, sublicense or transfer these Terms or the License in whole or in part to anyone else. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.
(e) Jurisdiction. These Terms shall be governed by the laws of the United States of America and the State of North Carolina, without regard to conflict of laws rules, and you hereby give your consent to have any action or dispute between you and I.F. Health resolved exclusively within the jurisdiction of the state or federal courts located in Wake County, North Carolina.
(f) Equitable Relief. In addition to money damages, I.F. Health shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms.
(g) Severability. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent.
(h) Legal Expenses. The prevailing party in any legal action brought by one party against the other that arises out of these Terms shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its legal expenses, including court costs and reasonable attorneys’ fees.
(i) Construction. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.”
(j) Notices. Notices required or permitted hereunder that are intended for you personally and not all users of the Services shall be sent to you at the most recent email address on file with I.F. Health. Notices to I.F. Health shall be sent by email to firstname.lastname@example.org.