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Terms of Use

Last Updated: May 2017

Thank you for being a part of the Jesse Lewis Choose Love Movement!

ACCEPTANCE

Please read our Terms of Use (“Terms”) carefully. By accessing or using Jesselewischooselove.org (“Website”) provided by the Jesse Lewis Choose Love Movement (JLCLM, we, our), you agree to the acceptance of these Terms. If do not agree to these Terms, please do not use the Website.

Please note these Terms do not change the terms or conditions you may have with JLCLM for other JLCLM products and/or services. If you are using the Website on behalf of an entity, you represent that you are authorized to accept these Terms on the entity’s behalf, and that the entity agrees to be responsible to JLCLM if you violate these Terms.

MODIFICATION OF THE TERMS

We have the right to change any of these Terms at any time. If we makes changes to these Terms, we will provide notice of such changes by:

 

  • Providing notice on the Website, and/or by
  • Updating the “Last Updated” date at the top of these Terms.

 

Your continued use of the Website following any notice of changes will constitute an acceptance of the modified Terms. If you do not agree to the modified Terms, you should stop using the Website.

PRIVACY POLICY

For information about how we collect, use or disclose your information, please refer to our Privacy Policy. Our Privacy Policy is incorporated into these Terms.

ACCOUNTS

To access certain aspects of the Website, you must register an account with JLCLM and create a username and password. The registration information you provide must be true, accurate, complete and current at all times. You are responsible for maintaining and updating your account information and for security of your account. If you discover or suspect any security breaches related to your account or the Website, you must promptly notify JLCLM.

COPYRIGHTS/TRADEMARKS

The Website and all content and other materials located within the Website (collectively, the “JLCLM Materials”) are the proprietary property of JLCLM or its licensors, including specifically the following:

  • Designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof;
  • The Jesse Lewis Choose Love Movement trademark and logo, and
  • The Jesse Lewis Choose Love Enrichment Program trademark and logo.

Jesse Lewis Choose Love Movement”, “Choose Love Enrichment Program,” the JLCLM logos, and any other JLCLM product, service name or slogan contained in the Website are trademarks and trade dress of JLCLM.

LIMITED LICENSE

Pursuant to these Terms, you are given a limited, non-exclusive, non-sub licensable, revocable license for your informational, non-commercial and personal use to:

  • Access and use the Website, and
  • Download JLCLM Materials that are expressly provided through the Website for download, to the extent not subject to other terms or conditions you may have with JLCLM for other JLCLM products and/or services.

WHAT YOU CANNOT DO WITH THE LIMITED LICENSE

Unless expressly permitted on the Website or under a separate written agreement between you and JLCLM, you do not have the right use the JLCLM Materials in the following ways:

  • Sell, resell or commercially use the Website or the JLCLM Materials;  
  • Distribute, publicly perform or publicly display any part of the JLCLM Materials;
  • Publish or reproduce any part of the JLCLM Materials on the Internet or any external websites, networks or servers;
  • Modify or make derivative uses of any part of the Website or the JLCLM Materials;
  • Use any data mining, robots or similar data gathering or extraction methods with respect to the Website;
  • Download JLCLM Materials that are not expressly provided by JLCLM for download; or
  • Use any part of the Website or the JLCLM Materials for anything other than for their intended purposes.

Any unauthorized use of the Website or the JLCLM Materials is strictly prohibited and will terminate the limited license granted to you according to these Terms.

DIGITAL MILLENNIUM COPYRIGHT ACT

Respect of intellectual property rights is important to us. In accordance with the Digital Millennium Copyright Act (“DMCA”), JLCLM reserves the right to terminate any account of an account holder or user who infringes any intellectual property rights of others. In addition, JLCLM reserves the right to terminate, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers of another person’s copyright rights.

If you believe that anything on this Website infringes any of your copyrights, please notify our designated agent in writing and include this information:

(i) A physical or electronic signature of a person authorized to act on your behalf.

(ii) Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are claimed to have been infringed, provide a representative list of such works on the Website.

(iii) Identify the material that is claimed to be infringing and that you wish to have removed or access to which you wish to have disabled, and provide reasonably sufficient information to permit JLCLM to locate the material.

(iv) Provide JLCLM reasonably sufficient information to permit JLCLM to contact the copyright owner, such as a postal address, a telephone number, and, if available, an electronic mail address at which it may be contacted.

(v) State that the copyright owner has a good faith belief that use of the material in the manner complained of is not authorized by it, the owner’s agent, or the law.

(vi) State that the information in the notification is accurate, and under penalty of perjury, that the person signing is authorized to act on behalf of the owner of the copyright that is allegedly infringed.

The name, address, and electronic mail address of JLCLM’s designated agent are:
Scarlett Lewis, PO Box 605, Newtown, CT. 06740
info@jesselewischooselove.org

HYPERLINKS

You are granted a limited, non-exclusive right to create a text hyperlink to the home page of the Website for noncommercial purposes. You may not use any JLCLM logo or other proprietary graphic of JLCLM to link to the Website without JLCLM’s express written permission. The link must not portray JLCLM in a misleading or false light, or be other otherwise defamatory. The linking site must not contain any offensive or illegal material, such as pornographic, sexually explicit, harassing, or offensive material, or material relating to violence or firearms.

There may be third-party website links on the Website; this does not constitute any affiliation, endorsement or adoption by JLCLM. JLCLM has no control over these third-party websites and accepts no responsibility for the quality, content, nature or reliability of any third-party websites accessible via hyperlink or linking to the Website. When you visit other websites via links or embedded content, you should understand that these Terms no longer apply to you and that the terms and conditions of that third-party website will now apply.

NO UNLAWFUL OR PROHIBITED USE

You represent that you will not use the Website for any purpose that is unlawful or prohibited by these Terms, any notices, policies, or guidelines contained within the Website, or any other agreement you may have with JLCLM. You may not use the Website in any manner that could damage or impair the functioning of the Website or that could interfere with or inhibit any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Website.

INTERACTIVE AREAS AND USER CONTENT

As JLCLM continues to grow, we expect the Website and available features to improve and increase. New features may include interactive areas or services (“Interactive Areas “), including discussion forums, blogs, private messages, emails or other interactive features or areas in which you or other users can create, post, transmit or store content (collectively, “User Content”).

The User Content posted on Interactive Areas may be viewable to others on the Website. JLCLM is not responsible for any User Content posted to the Interactive Areas and does not confirm the accuracy or quality of any User Content posted. Any and all User Content posted to the Interactive Areas is the sole responsibility of the account holder from which that content originates. You agree to use the Interactive Areas at your own risk and agree that any User Content posted by you will not:

  • Provide instructions for a criminal offense, violate the legal rights of any party, or violate any local, state, national or international law;
  • Abuse, harass, threaten, impersonate or intimidate any person;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Share corrupt or harmful content that would adversely affect other user’s software or computers or potentially expose JLCLM or JLCLM’s users to any harm or liability;
  • Politically campaign, solicit, advertise or share promotional material unless the applicable Interactive Areas specifically allow such messages or material;
  • Harvest, collect or share private information of any third party, any JLCLM user or JLCLM account holder, including addresses, phone numbers email addresses, Social Security numbers, and/or payment card information;
  • Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels associated with uploaded material;
  • Use or attempt to use any account you are not authorized to use;
  • Use any robot, spider, crawler, scraper or other automated means or interface to access services or to extract data;
  • Attempt to circumvent any content filtering techniques JLCLM employs, or attempt to access any service that you are not authorized to access; or
  • Reverse engineer any aspect of the Website or JLCLM Materials or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code associated with the Website or the JLCLM Materials.

Your use of the Website, the JLCLM Materials and Interactive Areas is at your own risk.  As a provider of interactive services, JLCLM is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page, or other Interactive Areas. JLCLM reserves the right, but has no obligation to remove, screen, or edit, any User Content posted or stored through the Website.

RIGHTS IN USER CONTENT

By submitting or posting User Content to the Website, you are granting JLCLM a nonexclusive, world-wide, royalty-free, perpetual, irrevocable, and sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media on or in connection with the Website and the promotion of the Website or JLCLM’s products and services, including the right to use your name, likeness, voice or identity. Accordingly, you represent that:

  • The User Content is not confidential;
  • You are the owner of the rights to the User Content that you post, or otherwise have the right to post such User Content to the Interactive Areas;
  • The User Content is accurate and not misleading or harmful in any manner; and
  • The use and posting of the User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

WARRANTY DISCLAIMER

THE WEBSITE AND JLCLM MATERIALS ARE PROVIDED “AS IS.” JLCLM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE WEBSITE AND THE JLCLM MATERIALS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. JLCLM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE ERROR FREE OR ACCESS TO JLCLM MATERIALS WILL BE CONTINUOUS OR UNINTERRUPTED.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF THE WEBSITE, THE INTERACTIVE AREAS AND/OR THE JLCLM MATERIALS. IN NO EVENT SHALL JLCLM OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “JLCLM PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, WITH THE JLCLM MATERIALS, OR WITH RELATED SERVICES OR THEIR CONTENT, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM JLCLM OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF INFORMATION, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE OR JLCLM MATERIALS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANY OF THE JLCLM PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PART OF THE JLCLM MATERIALS, OR WITH ANY OF THESE TERMS, YOU SHOULD NOT CONTINUE USING THE WEBSITE OR THE JLCLM MATERIALS.

INDEMNIFICATION

You agree to indemnify and hold the JLCLM Parties harmless from and against any third party claims, damages of any kind, costs, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or related to your use of the Website, your conduct in connection with the Website, your violation of any of these Terms, your violation of the rights of another, and any User Content you provide to the Interactive Areas.

TERMINATION

JLCLM reserves the right, without notice, and in its sole discretion, to terminate your license to use the Website and to block or prevent your future access to and use of the Website. JLCLM reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or parts thereof, without prior notice, and disclaims all liability for any modification, suspension or discontinuance of the Website, or any part thereof.

GOVERNING LAW AND VENUE

The State of Connecticut, U.S.A. laws, without regard for its choice of law provisions, will prevail in regards to any dispute arising out of these Terms, the Website, or the JLCLM Materials. You agree to the exclusive jurisdiction and venue of courts in Fairfield County, Connecticut. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms (including this paragraph).

NO WAIVER

Enforcement of these Terms is solely at JLCLM’s discretion. No breach of any parts of these Terms will be waived.  A failure or delay to enforce any part of these Terms does not amount to a waiver of JLCLM’s rights or remedy with respect to these Terms.

SEVERABILITY

If any provision of these Terms is held invalid or unenforceable, that provision will be edited to the extent necessary by an enforceable provision that most closely matches the intent of the original provision. The other Terms will remain valid.

ENTIRE AGREEMENT

These Terms and our Privacy Policy (which is incorporated in these Terms by reference) make up the entire agreement, supersede all prior agreements, representations, and understandings.