Terms of Use
Introduction
Welcome to the Jason Heigl Foundation web site https://jasonheigl.foundation (the “Site”) which is owned by Jason Heigl Foundation, a 501(c)(3) non-profit organization (“Jason Heigl Foundation”, “JHF”, “JDHF”, “Jason Debus Heigl Foundation”, “Heigl Foundation”, “The Foundation”, “website”, “website owner”, “we”, “us” or “our” hereinafter) provides the information contained on this website or any of the pages comprising the website to visitors (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms of use, the privacy policy and other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and the JHF.
Information On The Website
Whilst every effort is made to update the information contained on this website, neither the website owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. The website owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for business purposes. You rely on the information contained on this website at your own risk.
Copyright, Proprietary Rights and Trademarks
The trade marks, names, logos and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trade marks of the website owner and third party content providers. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the website owner.
All materials published on the website (including, but not limited to articles, photographs, images, graphics, illustrations, video clips and audio clips (collectively, the “content”)) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by the website owner or the party credited as the provider of such content. The website and content is protected by copyright pursuant to U.S. copyright laws, international conventions and treaties. You may not reproduce or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission from the owner of the copyright or other propriety right.
External Links
External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use.
Public Forums & User Submissions
The website owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website). Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the website owner. The website owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to:
defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the website owner’s and/or a third party’s computer system and/or network;violate any copyright, trade mark, other applicable United States or international laws or intellectual property rights of the website owner or any other third party; submit contents containing marketing or promotional material which is intended to solicit business.
Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the website owner against any loss, liability, damage or expense of whatever nature which the website owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
Warranties
The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, or your personal information or material and information transmitted over our system.
Disclaimer Of Liability
The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Use Of The Website
The website owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than the United States ). By accessing the website, you warrant and represent to the website owner that you are legally entitled to do so and to make use of information made available via the website.
Entire Agreement
These website terms of use constitute the sole record of the agreement between you and the website owner in relation to your use of the website. Neither you nor the website owner shall be bound by any express tacit or implied representation,warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the website owner in respect of your use of the website.
Alteration
The website owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Conflict
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Copyright Infringement
Claims of web copyright infringement on the Jason Heigl Foundation website should be sent to our designated agent. Send your claim via postal mail to:
Jason Heigl Foundation
PO Box 92
Oakley, UT 84055
USA
Or email: info@jasonheigl.foundation
Subject Line: Jason Heigl Foundation DMCA
The Digital Millennium Copyright Act (DMCA, 17 U.S.C. §512(c)(3) and §512(d)) requires that a claim of copyright infringement sent to our designated agent in writing and must contain certain information. The required information is specified below:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
As an electronic signature, we accept a digitized image of your signature attached to electronic mail.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
If the copyrighted work(s) are on the web, please provide the complete web address(es).
(iii) 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 the service provider to locate the material.
Please include a complete web address, identifying the claimed infringing material on our web site.
(iv) Information reasonably sufficient to permit the service provider 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.
(v) 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.
(vi) 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.
What we will do with claim of infringement
If all required information does not accompany the claim of infringement, we will contact the claimant in an effort to obtain all the required information. If the claim is in proper order, we will promptly remove or disable access to the material claimed to be infringing. We will then notify the individual responsible for the posting of the alleged infringing material that access to the material has been removed. If we receive a counter notice in proper form from the individual who posted the material, we will forward the counter notice to the person reporting the original claim of infringement, informing the original claimant that we will be restoring the original material to the Web within 10 business days. At this point, the original claimant has the option of accepting the counter notice, or taking further legal action.
Waiver
No indulgence or extension of time which either you or the website owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
Cession
The website owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
Severability
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Applicable Laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of the United States without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the United States in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
Comments or Questions
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us via email or by using the contact form on the Contact page of this web site.