ACCEPTANCE OF TERMS
Welcome to www.gettingbackup.org (the “GBU Web Site”). The GBU Web Site is an informational service provided by Getting Back Up, an Ohio not-for-profit corporation (“GBU”). These Terms and Conditions of Use (“Terms and Conditions”), as updated by GBU from time to time, govern your use of the GBU Web Site. You should carefully read the Terms and Conditions before using the GBU Web Site. GBU reserves the right to change these terms and conditions any time, and you must consult the most recent version of the Terms and Conditions each time you view the GBU Web Site. Do not use the GBU Web Site if you do not agree to all of the Terms and Conditions. By viewing, using or accessing the GBU Web Site, you are agreeing to the Terms and Conditions.
These Terms and Conditions do not apply to your use of websites not owned and operated by GBU, even though the GBU Web Site may link to such websites. The linked websites are not necessarily under the control of GBU and GBU is not responsible for and does not certify the operation or content of any linked website or any link contained in a non-affiliated linked website.
GBU does not endorse or take responsibility for the operation or content, advertising, products or other materials available through any other website. If you decide to access any of the third party sites linked to the GBU Web Site, you do this entirely at your own risk. Under no circumstances will GBU be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of or reliance on, any content, goods or services available on any other website.
The contents of the GBU Web Site such as text, graphics, images, video, and other material contained on the GBU Web Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The GBU Web Site and its Content do not constitute any medical, nursing or other professional health care advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition before you begin an exercise plan or act on any information provided on the GBU Web Site. Never disregard professional medical advice or delay in seeking it because of something you have read on the GBU Web Site. You and your medical advisor must independently assess the information provided on this site and determine whether it would be helpful or appropriate for your specific situation and condition. Medical advice regarding your condition should only be provided by a physician or other qualified health care provider. None of the suggestions, procedures, treatments or other information contained on the GBU Web Site are either recommended or endorsed by GBU.
GBU does not assume any responsibility or liability for the contents of any material on the GBU Web Site. You agree that GBU shall have no liability or responsibility for any injuries or damages arising from any use of information, ideas or instructions contained on the GBU Web Site. Use of the GBU Web Site or reliance on any information provided by or on the GBU Web Site or by other visitors to the GBU Web Site is solely at your own risk. GBU makes no representation or warranty of any kind regarding the GBU Web Site and its Content or the results that may be obtained from use of the GBU Web Site or its Content.
The GBU Web Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our site.
The messages submitted to the GBU Web Site via the Share Your Story link (the “SYS link”) or elsewhere and any opinions, advice, statements or other information contained in any messages posted or transmitted by any third party are not the responsibility of GBU. The fact that a particular message is posted on or transmitted using the GBU Web Site does not mean that GBU has endorsed that message in any way or verified the accuracy or completeness of the message. If you are an author (including direct poster to the SYS link) you agree that by submitting messages, you warrant that you have the right to do so and you are granting GBU an irrevocable, perpetual, worldwide license to use, display, publish, transmit, modify and edit the messages in any way GBU deems fit and you agree to indemnify GBU for any claims related to such messages against GBU.
GBU and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the GBU Web Site. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the GBU Web Site or submitted to the GBU Web Site.
Except as expressly provided by relevant intellectual property law, copying, redistribution, commercial use, or publication of posted materials must be with the express permission of GBU and the owner(s) or such authorized person(s), if other than GBU. GBU respects the intellectual property rights of others, and GBU expects you to do the same.
NO WARRANTIES BY GBU
GBU provides the information on the GBU web site “as-is” for general information only and without any warranties. GBU disclaims all express and implied warranties, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability and fitness for a particular purpose. GBU makes no warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
GBU does not endorse, warrant, or guarantee any products or services offered on the GBU web site. We are not a party to, and do not monitor, any transactions between users and third party providers of products or services.
LIMITATION OF LIABILITY
In no event will GBU, nor anyone who helped develop, create, produce or deliver the material and information on the GBU, web site, be liable for any loss of profits, business, use, or data or for indirect, special, incidental or consequential damages of any kind whether based in contract, negligence or other tort. If applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), the total liability to you of GBU, shall in no event exceed the amount paid to GBU, by you, if any, for accessing the GBU, web site.
You agree to indemnify and hold GBU and its officers, directors and employees harmless from any claims and expenses, including reasonable attorney’s fees, related to your violation of these Terms and Conditions or 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, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Web site or another Web site to which it is linked to be obscene, offensive, defamatory or infringing upon your intellectual property rights. In no event will SCIC or the contributors of information to the GBU 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 any consequential, special or similar damages, even if advised of the possibility of such damages.
Choice of Law and Forum. These Terms and Conditions and the relationship between you and GBU shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You and GBU agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cuyahoga, Ohio.
Waiver and Severability. The failure of GBU to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.