ONLINE ACCESS AGREEMENT
Less Alone Endeavor
d/b/a/ LessAlone.org
Please read this Agreement carefully before accessing LessAlone.org. As a condition to and in consideration of receiving and accessing LessAlone.org website, the User agrees to be bound by the terms of this Agreement. Use of or access to LessAlone.org constitutes acceptance of and agreement to be bound by the terms of this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS LessAlone.org. If you have any questions about this Agreement, please contact us at (877) 374-6798.
LessAlone.org Access Agreement
THIS AGREEMENT (the "Agreement") is made and entered into by and between Less Alone Endeavor (herein and hereafter known as "LessAlone.org") and any individual, corporation, association, agency, company, or other entity that accesses or uses LessAlone.org ("you" or the "User").
LessAlone.org is a World Wide Web site on the Internet that is designed to allow Users to create an online account for the purpose of locating and securing a “contact companion” for the benefit of each registrant member with a current and valid account. Further, Users may register to volunteer their services to the organization and/or submit donations for the organization through the website. LessAlone.org is owned and operated by Less Alone Endeavor. LessAlone.org contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, the "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of LessAlone.org that can be modified by Users, such as registering User profiles (the "Interactive Areas") for creating and managing their online member accounts, securing personal matches for possible contact companions, posting blogs and articles relevant to the scope and purpose of the website, volunteering services, and/or donating to the organization.
1. User Rights and Responsibilities
1.1 Access To LessAlone.org
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access LessAlone.org, and you are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing LessAlone.org.
1.2 User Conduct
You agree to access and use LessAlone.org only for lawful purposes. You are solely responsible for the knowledge of, and adherence to, any and all laws, rules and regulations pertaining to (i) your use of LessAlone.org, including any Interactive Area, (ii) the use of any networks or other services connected to LessAlone.org, and (iii) the communications means by which you connect your modem, computer, or other equipment to LessAlone.org. By accessing LessAlone.org, you specifically agree that you will NOT:
1) Restrict or inhibit any other User from using and enjoying the interactive features;
2) Upload, post, e-mail or otherwise transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, rule or regulation;
3) Upload, post, e-mail or otherwise transmit any information, software, or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
4) Upload, post, e-mail or otherwise transmit any information, software, or other material which contains a virus or other harmful component;
5) Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
6) Alter, damage or delete any Content or other communications that are not your own Content, or otherwise interfere with the ability of others to access LessAlone.org;
7) Disrupt the normal flow of communication in the Interactive Areas;
8) "Stalk" or otherwise harass another User of the service;
9) Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such relationship or speak; or violate any operating rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 LessAlone.org Content
You acknowledge that Content on LessAlone.org is generally provided by LessAlone.org, individual contributors of Content ("Contributors"), third party licensees, and other Users. You acknowledge that LessAlone.org permits access to Content that is protected by copyrights, trademarks and other proprietary rights including intellectual property rights (collectively, "Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed, and that except as is specifically provided below, your use of Content shall be governed by applicable laws governing the use of intellectual property.
You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display, or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided. However, you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, and (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "LessAlone.org" and its URL address. You acknowledge that LessAlone.org, its Contributors and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided By User
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute on or through LessAlone.org only Content that comports with section 1.2 of this Agreement and that is not subject to Intellectual Property Rights or in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on LessAlone.org. Any Content submitted with the consent of an Intellectual Property Rights owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be you or a third party, has expressly granted to LessAlone.org the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sub-license, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit LessAlone.org to sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.
3. Interactive Areas
You acknowledge that LessAlone.org may include various Interactive Areas, including, but not limited to, blog posting and blog comments section. These Interactive Areas allow feedback to LessAlone.org and real-time interaction between Users. You further understand that LessAlone.org does not control the messages, information, or files delivered to such Interactive Areas, and that LessAlone.org may offer you and other Users the capability of creating and managing an Interactive Area. However, neither LessAlone.org, its parent, subsidiary or affiliate companies, nor their respective directors, officers, employees or agents, are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that LessAlone.org cannot, and does not intend to, screen communications in advance. Moreover, because LessAlone.org encourages open and candid communication in the Interactive Areas, LessAlone.org cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. LessAlone.org is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that LessAlone.org has the right to monitor any Interactive Area at any time and to disclose any information as necessary (i) to satisfy any law, regulation, rule or other governmental request or requirement, (ii) to operate the Interactive Area, or (iii) to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, LessAlone.org may investigate the allegation and determine in its sole discretion whether to remove, or request the User to remove, such Content. LessAlone.org reserves the right to prohibit conduct, communication or Content with an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, that LessAlone.org deems in its sole discretion (i) violates the then-standard provisions of this Agreement or any other standard or policy in effect at the time, (ii) is harmful to the rights of any User, LessAlone.org, or third parties, (iii) violates applicable law or regulation, or (iv) is otherwise objectionable.
4. Termination
Your only right with respect to dissatisfaction with any policies, guidelines, or practices of LessAlone.org, or with any change in Content, is for you to discontinue accessing LessAlone.org. LessAlone.org may terminate or temporarily suspend your access to all or any part of the LessAlone.org site without notice for conduct that LessAlone.org believes is a violation of this Agreement or any policies or guidelines posted by LessAlone.org, or for other conduct which LessAlone.org believes, in its sole discretion, is harmful to LessAlone.org or to other Users. LessAlone.org may discontinue operating the LessAlone.org site and terminate this Agreement without notice at any time and for any reason or no reason, in its sole discretion. In the event this Agreement is terminated, you are no longer authorized to access the LessAlone.org site, including the Interactive Areas, and the restrictions imposed on you regarding Content downloaded from LessAlone.org, as well as the disclaimers and limitations of liabilities contained in this Agreement, shall survive its termination.
5. Links; Disclaimers of Warranties; Limitations of Liability
5.1 Links
You understand that except for Content, products or services expressly available at LessAlone.org, neither LessAlone.org, its parent, subsidiary or affiliate companies or their respective directors, officers, employees or agents control, provide or are responsible for any Content, goods or services available through sites on the Internet linked to or from LessAlone.org. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of LessAlone.org or controlled by LessAlone.org. LessAlone.org neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from LessAlone.org, and your use thereof is solely at your own risk. Neither LessAlone.org, its parent, subsidiary or affiliate companies or their respective directors, officers, employees or agents are or shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from LessAlone.org or your inability to access the Internet or any site linked to or from LessAlone.org.
5.2 Disclaimer of Warranties.
Please use your best judgment in evaluating all information contained or expressed on LessAlone.org. LessAlone.org does not endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor or third party. YOU EXPRESSLY AGREE THAT YOUR USE OF LessAlone.org IS AT YOUR SOLE RISK. NEITHER LessAlone.org NOR ANY PARENT, SUBSIDIARY OR AFFILIATE COMPANY OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANT THAT LessAlone.org OR ANY INTERNET SITE LINKED TO OR FROM LessAlone.org WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LessAlone.org OR ANY INTERNET SITE LINKED TO OR FROM LessAlone.org OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH LessAlone.org OR ANY SITE LINKED TO OR FROM LessAlone.org. LessAlone.org IS PROVIDED ON AS "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL LessAlone.org, ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING IN CONNECTION WITH THIS AGREEMENT, LessAlone.org, OR ANY INTERNET SITE LINKED TO OR FROM LessAlone.org, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR OR MALFUNCTION, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT DESTRUCTION, ALTERATION OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL LessAlone.org, ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR LICENSORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED IN LessAlone.org SITE OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM LessAlone.org. THE CONTENT CONTAINED IN THE LessAlone.org SITE AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM LessAlone.org MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT AND WILL BE INCORPORATED IN NEW OR UPDATED VERSIONS OF THE LessAlone.org SITE. LessAlone.org AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER LessAlone.org NOR ANY PARENT, SUBSIDIARY OR AFFILIATE COMPANY, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, ARE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY LessAlone.org CONTENT OR WITH THIS ACCESS AGREEMENT, WHETHER IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING LessAlone.org.
6. Indemnification
You agree to indemnify and hold harmless LessAlone.org, its parent, subsidiary and affiliate companies and their respective directors, officers, employees and agents from and against any and all liabilities, claims and expenses, including reasonable attorneys' fees, arising under, in connection with, or in any way related to this Agreement and any other policy of LessAlone.org, your use of LessAlone.org or any Internet site linked to or from LessAlone.org, and the transmission of any Content on LessAlone.org.
7. Miscellaneous
This Agreement is the entire agreement between LessAlone.org and you concerning the subject matter hereof, and it supersedes all written and oral prior and contemporaneous agreements or negotiations concerning the subject of your access to and use of LessAlone.org. LessAlone.org may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision on LessAlone.org. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing LessAlone.org. Your continued accessing and use of LessAlone.org following notice of any such revision shall conclusively be deemed acceptance of all such revisions. If any provision of this Agreement or any other policy is held by a court to be invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of LessAlone.org and you, and the remaining portions will continue in full force and effect. The failure of LessAlone.org to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico of the United States of America. This Agreement is personal to you, and you may not assign your rights or obligations hereunder to anyone.
8. Cookies
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