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Terms of Use

This is the official Terms of Use (“Terms of Use”) for www.1027HealingPartnership.org (the “Site”), an Internet Web site made available by the 10.27 Healing Partnership (“we”, “us,” or “our”) to provide information, and/or services relating to the 10.27 Healing Partnership’s mission, approach, and initiatives, as well as to encourage discussion of important social issues. The contents of the Site include, without limitation, all information, content, data, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video material, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Material”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes all of the Material. These Terms of Use constitute a legally binding agreement between you and the 10.27 Healing Partnership regarding your use of and access to the Site.

ACCEPTANCE PROCEDURE; ADDITIONAL TERMS AND CONDITIONS

By accessing and/or using the Site in any manner, you acknowledge that you have read these Terms of Use and all of the terms and conditions contained herein, together with any additional terms and conditions that govern certain services made available to you via the Site (“Additional Terms and Conditions”) and that you accept and agree to comply with and be bound by the same. If you are under the age of 18, your parent or legal guardian must, on your behalf, accept and agree to comply with these Terms of Use as described in this paragraph. The Site’s Additional Terms and Conditions and the Privacy Policy are hereby incorporated in these Terms of Use by reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Site and, in the event of termination of any service or feature, you will still be bound by your obligations under these Terms of Use, the Privacy Policy, and any Additional Terms and Conditions.

MODIFICATIONS

The 10.27 Healing Partnership reserves the right, at its sole discretion, to change these Terms of Use from time to time for any reason, and your access to the Site following our posting of such changes will be deemed to constitute your acceptance of and agreement to any such changed terms and conditions. You should check back frequently and review the terms and conditions of this Agreement regularly, so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

PRIVACY POLICY

The 10.27 Healing Partnership knows that the privacy of your personal information is important to you. Therefore, we have established a Privacy Policy, which is part of these Terms of Use.

REGISTRATION

We may require you to have a unique username and password combination in order to access and use certain services, features, or functions of the Site, and we may also provide you with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which describes the personally identifiable information we collect, use, disclose, manage, and store. Your username and password are personal to you and you may not allow any others to use your username or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your username or password, disclosure of your username or password, or your authorization of anyone else to use your username or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your username or password or any other need to deactivate your username or password due to security concerns.

THE RULES OF CONDUCT

Your use of the Site is subject to all applicable local, state, and national laws and regulations. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:

  • be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, or discriminatory;
  • affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
  • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
  • transmit, distribute, or upload content materials or programs that contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
  • forge any TCP/IP packet header or part of the header information in any e-mail or posting for any reason;
  • modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
  • advocate or encourage any illegal activity;
  • infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights, or other intellectual property or proprietary rights of any third party;
  • violate the privacy of individuals, including other users of the Site; or
  • violate any applicable local, state, or national laws or regulations (anywhere in the world).

OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

The Material including, without limitation, the selection, sequence, and “look and feel” and arrangement of the same together with all trademarks, service marks, and trade names displayed, distributed, or otherwise made available via the Site, are the exclusive property of the 10.27 Healing Partnership and/or its affiliates, and any of their respective successors, assigns, licensors, and/or suppliers. You may use the Material solely for your noncommercial, non-exclusive, non-assignable, non-transferable, and limited personal use and for no other purposes. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print, or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of the 10.27 Healing Partnership or its owner if the 10.27 Healing Partnership is not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, and local laws. No information or statement contained in these Terms of Use or the Web site shall be construed as conferring, directly or by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark, or other intellectual property right of the 10.27 Healing Partnership, its affiliates, or any third party.

COPYRIGHT COMPLIANCE POLICY

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur.

How to Send a Notice of Copyright Infringement

If you are a copyright owner (or the owner’s authorized agent) and have a good-faith belief that material on the Site infringes one of your copyrights, you may notify us using the following procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.

Send your notice of infringement to our designated agent for receiving such notices:

 

Name of Agent Designated to Receive Notification of Claimed Infringement: Maggie Feinstein

Full Address of Designated Agent to Which Notification Should be Sent to:

10.27 Healing Partnership

5738 Forbes Ave

Pittsburgh, PA 15217

Telephone Number of Designated Agent: 412-339-5416.

E-mail Address of Designated Agent: mfeinstein@1027HealingPartnership.org

Your notice of infringement must be a written communication provided to the agent designated above that includes substantially the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site is covered by a single notification, a representative list of such works on the Site;
  3. Identification of the material that is claimed to be infringing 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 us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has 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
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER THE 10.27 HEALING PARTNERSHIP NOR ANY OF ITS AFFILIATES WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THIS SITE, OR TO YOUR RELIANCE UPON ANY INFORMATION OR MATERIAL. IN PARTICULAR, THE 10.27 HEALING PARTNERSHIP AND ITS AFFILIATED ENTITIES WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THIS SITE, OR TO YOUR RELIANCE UPON ANY INFORMATION OR MATERIAL, WHETHER BASED IN VERBAL AGREEMENT, CONTRACT, TORT, STATUTORY, OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE, AND ONLY TO THE EXTENT, THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. THE REMEDIES PROVIDED FOR UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.

General Disclaimer

THE INFORMATION AND MATERIAL PROVIDED ON, FROM, OR THROUGH THE 10.27 HEALING PARTNERSHIP, ITS SERVICES, AND THE SITE IS PROVIDED “AS-IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT). THE SITE AND RELATED INFORMATION, MATERIAL, AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. THE 10.27 HEALING PARTNERSHIP AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE, INFORMATION, MATERIAL, AND/OR SERVICES. THE 10.27 HEALING PARTNERSHIP MAKES NO WARRANTY OR REPRESENTATION THAT AVAILABILITY OR USE OF THE SITE, INFORMATION, MATERIAL, AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY, AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, AND SERVICES MADE AVAILABLE VIA THE SITE.

Third-Party Information

Any articles, press clippings, or other third-party publications (collectively, “Publications”) made available through the Web site are furnished by the 10.27 Healing Partnership for your convenience and information. The 10.27 Healing Partnership is a distributor (and not a publisher) of content supplied by third parties (including users). Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Web site, are those of the respective author(s) or publisher(s) and not of the 10.27 Healing Partnership or its affiliates. THE 10.27 HEALING PARTNERSHIP DISCLAIMS ANY REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

Links to Sponsors and Other Third-party Sites

Certain links on the Web site will let you leave the Web site. These linked sites — for example, those of our partners and news sources — are not under the control of the 10.27 Healing Partnership, and the 10.27 Healing Partnership is not responsible for the contents of any linked site or any link contained in a linked site. These links are provided for your convenience, and the inclusion of any link does not imply a recommendation or endorsement by the 10.27 Healing Partnership of any such linked site or the products therein.

TERMINATION

We may terminate your use of the Site and/or access to any information, content, features, functionality, or services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the 10.27 Healing Partnership and its affiliates or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers from any liability, loss, claim, and expense (including attorneys’ reasonable fees) related to (1) your violation of these Terms of Use, and (2) your use of this Site.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.

MISCELLANEOUS

These Terms of Use, together with any Additional Terms and Conditions and our Privacy Policy constitute the sole agreement between you and the 10.27 Healing Partnership and its affiliated entities relating to your use and our provision of the Site and the subject matter hereof. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable. The laws of (-INSERT WHERE THE ORG IS INCORPORATED-) govern these terms in all respects, without giving effect to conflicts of laws principles. Any cause of action brought by you against the 10.27 Healing Partnership or its affiliated entities must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

The 10.27 Healing Partnership does not discriminate against program participants and/ or beneficiaries on the basis of race, color, national origin, religion, sex, disability, age, sexual orientation, or gender identity in its delivery of services.
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