Terms of Use

Last updated: March 1, 2010

General

Crutches To Haiti, Inc. (“Crutches To Haiti”) welcomes you to our website (“the Crutches To Haiti Website”). The Crutches To Haiti website comprises discussion forums, blogs, data portals, document and information sharing, tools, download areas, and updates hosted by Crutches To Haiti. The purpose of the Crutches To Haiti website is to provide an information and communication resource for interested donors and donation centers for relief goods to go to Haiti, to exchange information and build communities of donation centers.

User’s Acceptance of Terms of Use

These Terms of Use shall govern your access, visits, and participation in the Crutches To Haiti Website. By using, visiting, or registering for a Crutches To Haiti Website account, you are subject to the Terms of Use. If you do not agree to all the Terms of Use, you should not access, visit or participate in the Crutches To Haiti Website. Crutches To Haiti may occasionally change, modify, or update these Terms of Use at its sole discretion. When we post changes to the Terms of Use we will revise the “last updated” date at the top of the statement. You will be deemed made aware of, and will be subject to, the changes to the Terms of Use after the changes have been posted. No change shall apply to a party if there is a legal dispute of which Crutches To Haiti had actual notice on the date of the change.

Registration

Some features of the Crutches To Haiti Website may require you to register or open an account. If you wish to use these features you must provide current, accurate, and complete information about yourself during the registration process. You may also be asked to choose a password and a user name. You are responsible for maintaining the confidentiality of your Crutches To Haiti Website password and account, and assume all liabilities and responsibilities for any and all activities that occur under your account. You agree to notify Crutches To Haiti immediately of any unauthorized use of your account or any other breach of security. Crutches To Haiti will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without you knowledge. However, you could be held liable for losses incurred by Crutches To Haiti or another party due to someone else using your account. You may not use anyone else’s account at any time without the permission of the account holder. Crutches To Haiti reserves the right to refuse access to the Crutches To Haiti Website to anyone, at any time, without notice, and for any reason.

Privacy and Protection of Personal Information

See the Privacy Statement for Crutches To Haiti’s policies on collection and use of your information.

Conduct

You must abide by the following rules of conduct:

Do not use the Crutches To Haiti Website for any purpose that is unlawful or prohibited by these Terms of Use. Do not use the Crutches To Haiti Website in any manner that could damage, disable, overburden or impair any Crutches To Haiti server or network(s) connected to any Crutches To Haiti server, or interfere with any other party’s use of the Crutches To Haiti Website.
Do not attempt to gain unauthorized access to the Crutches To Haiti Website, other accounts, or computer systems through hacking or any other means. Do not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Crutches To Haiti Website.
Do not post, publish, or distribute any infringing, defamatory, obscene or other unlawful material or information on the Crutches To Haiti Website.
Treat others in the community as you would expect them to treat you. Do not engage in personal attacks or any type of “flaming” of other users. Do not “troll”, i.e. post topics or opinions that are offensive, controversial or divisive designed to provoke a negative response.
Do not use offensive language. If you have doubts about whether a particular statement might be offensive then do not post it.
Do not engage in disruptive activities such as persistent off-topic contributions or comments that might incite others users to violate these Terms of Use or participate in illegal activities.
Do not contribute, or otherwise make available, content that contains documents, images, photographs, software, data, or other material protected by intellectual property law (or by rights of privacy or publicity) unless you own or control the rights or have received the necessary consent to do the same.
Do not use any material or information, including images or photographs, which are made available through the Crutches To Haiti Website that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Do not contribute or upload any files that contain viruses, spyware, rootkits, Trojan horses, worms, malware, or other destructive features.
Do not use the Crutches To Haiti Website to spam other users, including sending identical and irrelevant submissions to many different forums, discussion groups, or mailing lists.
Do not advertise or offer to sell or buy any goods or services for any business purpose, unless such sub-community allows such messages.
Do not harvest or otherwise collect information about others, including email addresses.
Do not create a false identity or impersonate any other person on the Crutches To Haiti Website, including Crutches To Haiti employees or agents.
Do not misrepresent the source of anything you contribute.
Any space provided to you in the Crutches To Haiti Website is for your own personal use, and may not be sold, licensed, exchanged or bartered for any purpose, including advertisements.
You are responsible and liable for all your activities while participating in the Crutches To Haiti Website, including anything you contribute.
Do not rely on the Crutches To Haiti Website for the safe storage of any materials such as documents, data, photos, and software. The Crutches To Haiti Website are not designed as the primary place to store these materials and Crutches To Haiti is not responsible for the deletion, alterations, or loss of these materials. Keep a copy of any materials that you contribute to the Crutches To Haiti Website.
Some users may post content which includes Internet website links. Crutches To Haiti is not responsible for the content on the website associated with these links. Similarly, some users may post pointers to web data sources on the Crutches To Haiti portal site. Crutches To Haiti is not responsible for the content or accuracy of the web data sources associated with these pointers.
You are responsible for any actions you may take based on information or advice you receive while online. Use your own good judgment when evaluating information provided through the Crutches To Haiti Website. The decision to share information, use information, or conduct transactions with anyone is your own; therefore conduct your own research prior to making any decisions.

Crutches To Haiti is under no obligation to monitor the Crutches To Haiti Website. However, Crutches To Haiti reserves the right to review materials posted to the Crutches To Haiti Website and to remove any materials in its sole discretion. Crutches To Haiti reserves the right to terminate your access to any or all of the Crutches To Haiti Website at any time, without notice, for any reason whatsoever.

Contributions

There are opportunities for you as a user of the Crutches To Haiti Website to actively participate by sharing, providing, creating, and uploading information to the Crutches To Haiti Website such as information, comments, data, articles, documents, discussion forum threads, blog entries, URL links, pointers to web data sources, computer code, such as software samples code, source code, Crutches To Haiti behaviors, scripts, patches, bug fixes, binaries or executables, ideas or suggestions for new or improved software products, technologies, marketing/advertising campaigns or product names, or other information (collectively “Contributions”). Contributions in the Crutches To Haiti Website are subject to the Terms of Use. Crutches To Haiti assumes no responsibility or liability over the sharing of Contributions among users.

Any contribution provided by you to the Crutches To Haiti Website may be editable and freely used by Crutches To Haiti and other users. Crutches To Haiti shall have the right to retain and use Contributions, in edited or unedited form, for any purpose in any way including but not limited to re-posting to other areas of the Crutches To Haiti Website, by using Contributions in current or future products or services, or even give or sell your Contributions to others. Therefore, do not upload or post Contributions to the Crutches To Haiti Website unless you agree to these Terms of Use. Crutches To Haiti is under no obligation to post or use any Contribution provided by users and Crutches To Haiti may remove any Contribution at any time at its sole discretion for any reason.

Contributions Ownership, Rights and Liabilities

Crutches To Haiti does not claim ownership of any Contribution that you or other users post, upload, submit, or otherwise provide to the Crutches To Haiti Website. By providing Contributions to the Crutches To Haiti Website, you grant to Crutches To Haiti a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute such Contributions and derivative works. Additionally, by providing Contributions to the Crutches To Haiti Website, you grant to Crutches To Haiti a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable patent license to make, have made, use, offer to sell, export, and otherwise transfer or sublicense such Contributions. You also grant Crutches To Haiti and all users of the Crutches To Haiti Website the permission to use your Contributions in other areas of the Crutches To Haiti Website and for other commercial or noncommercial uses. No compensation will be paid with respect to the use of your Contributions.

By uploading Contributions to the Crutches To Haiti Website, you warrant that you are not uploading viruses, spyware, rootkits, worms, malware, or other malicious, illegal or unlawful code which could interrupt, destroy, or limit the functionality of any software or hardware.

All contributions available for download and/or use are provided on an AS IS and AS AVAILABLE basis, without any warranty of any kind and you assume all risks associated with the Contributions you use, access, or download. Crutches To Haiti expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. In no event will Crutches To Haiti be liable for any direct or indirect damages for any claims arising out of your download and/or use of such Contributions.

All Contributions are deemed to be provided on a non-confidential basis. Crutches To Haiti is under no obligation to and does not control the Contributions created, provided or uploaded to the Crutches To Haiti Website. The nature of some Contributions may be offensive, harmful, or inaccurate, and in some cases will be mislabeled or deceptively labeled. Crutches To Haiti reserves the right to take down or remove Contributions that are flagged by users or deemed by Crutches To Haiti as objectionable. However, Crutches To Haiti is under no duty to take down or remove any Contributions.

Disclaimer

THE CRUTCHES TO HAITI WEBSITE AND ALL CONTRIBUTIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CRUTCHES TO HAITI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CRUTCHES TO HAITI MAKES NO WARRANTY THAT THE CRUTCHES TO HAITI WEBSITE WILL MEET YOUR REQUIREMENTS, THE CRUTCHES TO HAITI WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CRUTCHES TO HAITI WEBSITE OR ANY CONTRIBUTION WILL BE ACCURATE, COMPLETE OR RELIABLE; OR THE QUALITY OF ANY SOFTWARE OR CONTRIBUTION OBTAINED THROUGH THE CRUTCHES TO HAITI WEBSITE WILL MEET YOUR EXPECTATIONS. THE INFORMATION FOUND ON THE CRUTCHES TO HAITI WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

ANY CONTRIBUTIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CRUTCHES TO HAITI WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. CRUTCHES TO HAITI SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR INACURATE COMPUTATIONS THAT RESULTS FROM THE USE OF THE CRUTCHES TO HAITI WEBSITE, DOWNLOAD, OR USE OF CONTRIBUTIONS.

IN NO EVENT SHALL CRUTCHES TO HAITI OR ANY OF ITS PARTNERS OR AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE CRUTCHES TO HAITI WEBSITE OR CONTRIBUTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CRUTCHES TO HAITI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CRUTCHES TO HAITIS MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE CRUTCHES TO HAITI WEBSITE OR YOUR USE OF CONTRIBUTIONS REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) WILL NOT EXCEED ONE U.S. DOLLAR ($1).

Indemnification

If Crutches To Haiti and/or its subsidiaries, affiliates, directors, officers, agents, and employees should incur any liability to a third party arising out of or in any way related to your use of the Site, you agree to indemnify and hold Crutches To Haiti free and harmless from any such liability, and from all loss, claims, costs, demands, debts and causes of action in connection therewith, including reasonable attorney’s fees.

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