WEB
SITE TERMS OF USE
_________________________
Last
updated: August 23, 2021
Definitions
The following terms
have these meanings: (a)
“Site” means this website;
(b) “Materials” means the
documents, commentary, and other text
included on the Site, as they may be
updated over time; and (c)
“Terms” means these Terms
of Use.
Your Agreement
Your accessing or
using the Site in any way, including
reviewing, copying, or downloading
any Materials, constitutes and
confirms your agreement to be bound
by the Terms. These Terms govern (a)
the Materials and other information
made available through the Site; (b)
the nature of the relationship
between you and Our Brave Kids; (b)
your use of this Site and Materials.
Audiences For
and Users of Site
3.1 Intended
Audience
Our Brave Kids makes
Materials available on the Site for
public service and educational
purposes. The target audiences are
individuals with disabilities,
caretakers of, providers for, parents
of, friends and family of an
individual with disabilities.
3.2
Not Intended as Self-Help Resource
The Site is neither
intended nor designed as a self-help
resource for users. That said, we
recognize that nonprofits may access
the Site and review and use
Materials, and we think it important
to be explicit about the risks and
consequences of such use.
No Legal
Advice
4.1 No Legal Advice
We are not giving
legal advice or offering self-help
guidance. You should not act on the
information on the Site or use any
4.2
Availability and Use of Materials
You acknowledge and
agree that our making Materials
available on the Site, and your
reviewing, copying, downloading, or
using any Materials, does not
constitute the delivery of legal or
advice by us
Communications
You should not send us
any confidential information in
connection with your use of the Site.
No Guarantees
and No Updates
We make no claims,
promises, or guarantees about the
accuracy, completeness, of adequacy
of any of the Materials and expressly
disclaim liabilities for errors or
omissions, if any, in the Materials
that are made available on our site.
No Warranties
You expressly
understand and agree that, to the
extent permitted under applicable
law, your use of the Site including
any Materials, is at your sole risk,
and the Site and Materials are
provided on an “as is” and
“as available” basis, with
all faults. We expressly disclaim all
warranties, representations and
conditions of any kind, whether
express or implied, related to the
Site and Materials, including,
without limitation, any implied
warranties of merchantability,
quality, fitness for a particular
purpose, non-infringement, or freedom
from computer virus.
Links to Other
Websites
Any links on the Site
that lead to outside services and
resources are provided for your
convenience only. We do not control
all of those outside services and
resources.
Ownership and
Use
Ownership
We own the copyrights
in the Materials, and those rights
protected by United States and other
copyright and other intellectual
property laws.
No Sale of
Materials
You may not sell,
redistribute, or make any other
commercial use of any Materials
without modification without the
prior written consent of the actual
owner of the content
Appropriate
Use
You will not use the
Site for any purpose that is unlawful
or prohibited by these Terms. You may
not use the Site in any manner which
could damage, disable, overburden, or
impair the Site or interfere with any
other party’s use and enjoyment
of the Site.
Termination
Notwithstanding any of
these Terms, we reserve the right,
without notice and in our sole
discretion, to terminate your access
to use the Site, and to block or
prevent your future access to the
Site.
Limitation of
Liability
To the extent
permitted by law, no OBK
Representative will be liable to you
or any other person for any damages,
whether arising from contract, tort,
or any other theory of liability,
that result from your use of or
inability to use the Site or use of
any of the Materials, or as a result
of any Materials or other content,
information, services, or resources
made available through the Site. You
understand and agree that the OBK is
making the Site and Materials
available as a public service and for
educational purposes, and that in no
event will any of the OBK Parties or
OBK Representative be liable for any
direct, indirect, incidental,
special, consequential, or exemplary
damages, arising out of or in
connection with your use of the Site,
or that no OBK Party or OBK
Representative has been advised of
the possibility of such damages.
General
Provisions
Our Brave Kids Terms
of Use
The Terms of Use applicable to Our
Brave Kids websites (“Our Brave
Kids Terms of Use”), including,
without limitation, its provisions
relating to disclaimer of warranties,
limitation of liability, trademarks,
indemnification, and copyright
complaints, are part of and
incorporated into these Terms.
Entire
Agreement
These Terms, together
with the Our Brave Kids Terms of Use,
express the final, complete, and
exclusive agreement between you and
us, and supersede any and all prior
or contemporaneous written and oral
agreements, arrangement,
communications, course of dealing, or
understanding between you and
relating to its subject matter.
Changes to the
Terms
We reserve the right
to make changes to any Materials and
other information on the Site,
including these Terms, without notice
to you. The most current Terms will
be posted here on the Site and will
be effective upon posting. When we
revise the Terms, we will update the
“Last Updated” date at the
top of the Terms of Use. If you use
the Site after we poste the revised
Terms, you will be deemed to have
agreed to such revised Terms.
Waiver
If we do not
immediately take action to address a
violation of these Terms, we are not
waiving our rights to take action in
the future.
Severability
If any particular
provision of these Terms is found to
be unenforceable, that provision will
be severable and will not affect any
of the other provisions.
Third Party
Beneficiaries
These Terms are for
the exclusive benefit of you and us,
and not for the benefit of any third
party including, without limitation,
any users.
Governing Law
The Site is owned and
operated by Our Brave Kids. Use of
the Site will be governed by Ohio
law.
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