Terms and Conditions

Terms of Use

These Terms and Conditions (“Terms”) govern your use of the PoweringForward.org Web Site (“Web Site”) provided by the Brian Grant Foundation (“Foundation”) a charitable trust under Oregon law. You are the Web Site’s “User.” These Terms are subject to change by the Foundation at any time in its discretion. Your use of the Web Site after we implement changes constitutes your acceptance of those changes. Please consult these Terms regularly. For easy access, we provide a link to the Terms of Use from our Contact Us page. We last updated these Terms on July 12, 2011.

Permitted Use

User has a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely for User’s personal educational, informational, and entertainment purposes. User will not use the Web Site for any other purpose, including any commercial purpose, without the Foundation’s express prior written consent. For example, User will not, and will not authorize any other person to, a) Co-brand the Web Site or portion thereof, or b) frame the Web Site or portion thereof (whereby the Web Site or portion thereof will appear on the same screen with a portion of another web site). “Co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Web Site or content accessible within the Web Site (the “Content”). User agrees to cooperate with the Foundation in causing any unauthorized Co-branding, framing or linking to immediately cease.

Proprietary Information

User acknowledges and agrees that the content accessible within the Web Site is the proprietary information of the Foundation and its content providers, and the Foundation and its content providers retain all rights, title, and interest in the Content. User will not reproduce, transmit, publish, or distribute Content to third parties without the Foundation’s express written consent All individuals (including celebrities) depicted on the website have released their likeness.

Medical Disclaimer

User acknowledges that the information on this Web site is provided “as is” for general information only. This Web Site does not offer medical advice or recommendations and individuals should not rely on the information posted on this Web Site as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs. The Foundation strongly recommends that you consult physicians or other qualified health care professionals, familiar with patients’ individual health situations, to make treatment and care decisions related to Parkinson’s disease and other medical conditions.

Disclaimer of Warranty

The Foundation makes no representations with respect to the information, services, products or messages on this Web Site and specifically disclaims any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application or purpose. The Foundation expressly disclaims any and all warranties express or implied, including but not limited to warranties of merchantability, title, non-infringement, and fitness for a particular purpose, usage or application. The Foundation makes no warranties of any kind regarding the Web Site’s operation, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability, or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses, worms, Trojan horses, other harmful elements or other code that manifest contaminating or destructive properties and such warranties are expressly disclaimed.

Limitation on Liability

You agree that you will hold harmless the Foundation and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Web Site or the information contained in this Web Site or other web sites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Web Site or another web site to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will the Foundation or the contributors of information to this Web Site be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for consequential, special or similar damages, even if advised of the possibility of such damages.

Indemnity

User will indemnify and hold the Foundation, its Licensors, content providers, service providers and contractors (the “Indemnified Parties”) harmless from any breach of these Terms by User, including any use of Content other than as expressly authorized in these Terms. User agrees that the Indemnified Parties will have no liability in connection with any breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User’s use of the information accessed from the Web Site.

Forums

Information posted on forums, bulletin boards, or similar portions of the Web Site (“Forums”) is supplied by third parties and other Users unless the Foundation or its authorized representative identifies itself as the content poster. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties or any other User are those of the respective author(s) and not of the Foundation. User will not post the following material in any Forum:

• material which threatens or abuses others, or which is defamatory or libelous, or which invades another’s privacy;
• material for which User does not have the right to post, including the proprietary material of a third party;
• material which advocates illegal activity or discusses an intent to commit an illegal act;
• material for advertising or commercial solicitation;
• material which is vulgar, obscene, pornographic, or indecent; or
• material which does not pertain to a particular forum’s subject matter

The Foundation reserves the right to monitor Forums to determine compliance with these Terms, as well the right to remove or refuse to post any posting. Notwithstanding these rights, Users remain solely responsible for the content of their postings. User acknowledges and agrees that neither the Foundation nor any third party content provider will assume or have any liability for any action or inaction by the Foundation or any third party content provider with respect to any posting on the Forums.

Further, User hereby grants to Foundation the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in Forums (in whole or in part) worldwide or to incorporate any message in other works in any form, media or technology now known or later developed.

Infringement of Our Rights or the Rights of Others

Our Web Site, including the Content, is protected by intellectual property laws and Users agree to obey those laws. All rights not expressly granted to you are reserved. It is our policy to terminate in appropriate circumstances any (if any) right of access for repeated infringement, and we also reserve the right to terminate for even one infringement.

Linked Sites

Our Web Site may contain links to web sites of third parties. We provide these links as a convenience, but do not endorse linked sites or anything on them. While linked sites’ information, products, services and information may be helpful to you, they are independent entities and we do not control or endorse them. Users agree that visits to linked sites are at Users’ own risk and governed by the linked sites’ privacy policies (if any). Users may not link or shortcut to our Web Site from web sites, blogs or similar applications, without obtaining prior written permission from us.

Governing Law and Exclusive Jurisdiction

The Foundation, which is headquartered in Portland, Oregon, controls this Web Site. These Terms and your use of the Web Site are governed by the laws of the State of Oregon, United States of America without regard to its choice of law provisions. Users hereby consent to exclusive jurisdiction of a state or federal court of general jurisdiction sitting in Multnomah County, Oregon, United States of America. Those who access this Web Site from other locations do so on their own initiative and are responsible for compliance with local law.

Notice

Users agree that we may give all notices we are required to give you by posting notice on the Site or by sending notice by email at our discretion, including, disclosures that we are required to give you, legal notices, notice of subpoenas or other legal process, and all other communications.

Users agree to send us legal notice by mailing it to the following:

Brian Grant Foundation
P.O. Box 82270
Portland, Oregon 97282

Termination or Cancellation

Users lack continuing rights to use the Web Site and we may deny or suspend access, or terminate or cancel this your right to use the Web Site with or without cause and at any time and without prior notice. We may give notice of termination or cancellation in the same way that we may provide other notices. Termination or cancellation will not eliminate the surviving provisions of these Terms and you will still be liable for obligations incurred before your access ended.

Entire Agreement

These Terms, including the Privacy Policy, Amendments and any notices, terms and items incorporated into any of them including additional terms and conditions contained on the Web Site for particular activities or Content constitute the entire agreement between you and the Foundation regarding the Web Site (collectively, “Entire Agreement”). If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.

Notice Regarding Copyrights and Trademarks

The copyrights and trademarks used in the Web Site are owned by a) the Foundation or b) their respective copyright and/or trademark owners, and are either copyrights, trademarks or registered trademarks of the Foundation. The names of actual companies and products mentioned in the Web Site may be the trademarks of their respective owners. User may not use any of the above or other copyrights or trademarks displayed on this Web Site or in any Content. All rights are reserved.

Miscellaneous

Our failure to act with respect to a breach by a User does not waive our right to act with respect to subsequent or similar breaches. Time is of the essence of the Entire Agreement and there are no third party beneficiaries of it. These Terms and our rights under the Privacy Policy will survive termination or cancellation of this Agreement. User may not assign these Terms or any of User’s rights or obligations under these Terms without our prior written consent.