Legal

The Gary and Mary West Foundation Website Terms and Conditions Scope of These Terms

These terms of use apply to your use of the gmwf.org website.

Our Information

We may include information on gmwf.org, including health and medical articles, references, news, and other tools. You should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information on our website, and we encourage you to confirm the information with other sources before undertaking any treatment based on it. If you are a not a healthcare professional, you should evaluate the information together with your physician or another qualified healthcare professional. We follow a standard set of editorial procedures for information that we put on gmwf.org. Some information on our website comes from other sources. We are not responsible for that information. Whether the information comes from us or from others, we are not liable for any damages resulting from your use of the information on our website. Although we are selective about the organizations we link to, we do not assume any responsibility for any websites that are linked to our site or that you browse to after following a link from our site. We specifically disclaim any warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose.

Ownership of gmwf.org
Copyright

We or our affiliates own the information on gmwf.org. In fact, the entire contents and design of gmwf.org are protected under U.S. and international copyright laws. You may look at our website online, download individual articles to your personal or handheld computer for later reading, and even print a reasonable number of copies of pages for yourself, your family, or friends. You may redistribute individual articles or embed content on your website, provided you utilize the social media tools we provide. You must not remove any copyright notices from our materials. We reserve all our other rights. Among other things, this means you must not sell our information, rewrite or modify it, or use it for any commercial purpose without our prior written permission.

Trademarks

An ® following a name on our site indicates that the trademark has been registered in the United States. All trademarks are the property of their respective owners. If your activities are noncommercial, you may make use of our trademarks by linking to us or discussing us with others, as long as you make it clear that we are the owner of the trademark. Any other uses of our trademarks require our prior written approval. You may not use gmwf.org trademarks in any of the following ways:

  • In a non- gmwf.org name or publication title.
  • Within or as part of your own trademarks.
  • To identify non- gmwf.org research or services.
  • In a manner which will likely cause confusion.
  • In a manner that implies that gmwf.org sponsors, endorses or is otherwise connected with your own activities, products, or services.
  • In a manner that disparages gmwf.org.

Linking to Us

Usually, we do not mind if you have a simple link from your website to ours. However, you must first ask our permission if you intend to frame our site or incorporate pieces of it into a different site or product in a way that is not clear to our users. You are prohibited to link to us if you engage in illegal, obscene, or offensive content, or if the link in any way has a negative impact on our reputation.

Information that You Put on Our Website

When you place materials or information on our web site that are available publicly, you give us an irrevocable, perpetual license to use that information. For example, we have the right to display a comment that you post on one of our discussion boards for as long as we want. We will consider requests to remove information that you make publicly available on our website on an individual basis (contact us at the email address on our website). For information and materials you place on our website that is not publicly available, please see our privacy policy for an explanation of how we use that information and your rights to change or delete it. We provide the link for our privacy policy later in this document. We ask that you not post any messages with misleading, false, or inappropriate language or statements. We reserve the right to remove any offensive or fraudulent content at any time without your consent.

Software Products

We may make some software and accompanying documentation available for downloading from our website. These materials are the copyrighted work of gmwf.org or organizations that have licensed the software to us. We do not transfer any ownership rights in software to you when you download it from our website; rather, you are allowed to use the software and documentation under the terms of a license agreement. You must read the license agreement that accompanies each product and indicate your agreement to those terms prior to downloading. You are not authorized to attempt to recreate or reverse engineer our software. In addition, some software available on our website is subject to United States export controls. By downloading or using such software, you are representing to us that your download of such software complies with these controls.

Passwords

gmwf.org may have several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor and control access to and use of your account and password; and, (3) promptly inform us of any need to deactivate a password. You grant us and all other persons or entities involved in the operation of the website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the website. gmwf.org cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using our tools and services.

U.S. Government End Users

If you are affiliated with the U.S. government, then you should know that the software and documentation available on our website are “commercial items,” as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 27.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.

Laws that govern this agreement

The Gary and Mary West Foundation controls the gmwf.org website from operations within the State of California in the United States of America. The website can be accessed from any State in the U.S. and from other countries worldwide. Since the laws of each State or country able to access the website may differ, by accessing the website both you and gmwf.org agree that the statutes and laws of the State of California, without regard to choice of laws principles, will apply to all matters relating to use of our Web sites. GMWF makes no representation that materials on this website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access these sites from other locations do so on their own initiative and are responsible for compliance with local laws.

Acceptance Procedure

By accessing materials on our website or registering you agree with all the terms and conditions of this agreement. We reserve the right, at our sole discretion, to change the terms and conditions of this Agreement from time to time, and your continuing use of our website constitutes your acceptance of and agreement to any changed terms and conditions. We will post any such changes in a timely manner, and draw your attention to any significant changes.

Consequences

If you do not comply with these terms, we have the right to suspend or remove your account, and also remove any information you have placed on our site. We may also take any legal action we feel is appropriate. If your violation of this agreement causes harm to others, you agree to hold gmwf.org harmless against any liability for that harm. If there is any dispute between us concerning this agreement or your use of our website, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for such will be in the State of California, in the County of San Diego.