License and Access
Part 1: ACCESS
Part 2: COPYRIGHT, ACCESSIBILITY, AGREEMENT & OTHER
PART 1: ACCESS
You agree to use our Website in a manner consistent with any and all applicable laws and regulations in the jurisdiction where you are accessing our Website. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the isurvive.org site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real-time basis and is proprietary or is licensed to isurvive.org by our users or third parties.
Members must be age 18 or older to access our Website. Members suspected of being younger than age 18 may be suspended from forums or chat without warning or banned from accessing the website. If you are under the age of 18, please contact the Director for other resources at firstname.lastname@example.org or email email@example.com.
Research and Advertising Not Permitted
Using isurvive.org for academics, journalism or other research purposes including blogs is strictly prohibited and constitutes a violation of these Terms and Conditions of Use. What our members have endured and what they communicate is not meant to be used for research. Any person using our Website for research may be denied further access and may be reported to law enforcement, academic discipline boards and professional ethics licensing authorities. Questions regarding this policy can be referred to the Director of isurvive.org at firstname.lastname@example.org or email email@example.com.
You may not engage in advertising to, or solicitation of, other Members to buy, sell or promote any products or services through the Service. You will not transmit any chain letters, junk email or marketing posts to other isurvive.org Members. Although isurvive.org cannot, and does not, monitor the conduct of its Members off the isurvive.org site, it is also a violation of these rules to use any information obtained from the Service to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
Removing Inappropriate Member Content
isurvive.org shall have the ability to and may choose to investigate and take appropriate legal action, at its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Site or Service and terminating the Membership of such a violator. The following list is a partial list of the kind of content that is illegal or prohibited on the Site. It includes, but is not limited to, content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of “junk mail”, “chain letters,” or unsolicited commercial e-mail or “spamming”; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material that is commercial in nature; provides material that exploits people under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves, falsifying gender, impersonating another Member, threat of suicide or harm to others; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; promotes, advertises or links to blogs, websites or professional services including but not limited to those of a therapeutic and healing nature.
Anybody leaving any posts or messages that disrespect or cause harm to a Member may be contacted by a moderator or the Director and their access to forums, chat or our Website may be immediately suspended.
We assert all our copyrights. All content included in or made available through isurvive.org, such as text posts, documents, graphics, logos, images, audio clips, digital downloads and data compilations is the property of isurvive.org or its contractors and protected by United States and international copyright laws. The compilation of all content included in or made available through our Website is the exclusive property of isurvive.org and protected by U.S. and international copyright laws.
isurvive.org asserts all trademark rights. All Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any portion of our Website are trademarks or trade dress of isurvive.org in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not part of isurvive.org, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits ISURVIVE.ORG. All other trademarks not owned by isurvive.org that appear on our Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by isurvive.org.
When you access our Website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
isurvive.org complies with all applicable disability access laws and does not intend to discriminate against any individual with a handicap, disability or medical condition. A Member or visitor who has difficulty using our Website because of a handicap, disability or medical condition should contact the Director at firstname.lastname@example.org or email email@example.com for assistance or to notify us of problems.
This Agreement in association with any and all agreement(s) You may have or enter into in future with isurvive.org regarding Content provided to You at, in or through our Website, or in association with services provided by isurvive.org, contains the entire agreement between You and isurvive.org regarding Your access to, and use of, our Website, Content, and all other materials and services available in, at, through or in association with, our Website, and all features and functionality directly and indirectly related to our Website. This Agreement supersedes all prior written and oral understandings, writings and representations, including those, if any, made by any third party or other person. This Agreement may be amended at any time by isurvive.org by updating the online version of this Agreement on our Website.
Choice of Law
You agree that this Agreement and all disputes or controversies of any kind arising under, or related to the materials, services, features or functions available in, at, through or in association with, or in any way relating to, our Website, any Content or services provided by any Website Content Providers or affiliates and/or this Agreement, shall all be governed by and construed under the laws of California and the federal government of the United States. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. You further agree that notwithstanding any judicially or statutorily created choice of law rule that would otherwise require the application of the law of some other jurisdiction, all provisions of this Agreement and all matters or controversies of any kind arising out of, or related to this Agreement or the rights or liabilities of the parties hereto shall be governed solely by the substantive statutory and common law of California and the federal government of the United States.
You agree that any dispute or claim relating in any way to your use of our Website, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You and isurvive.org agree that if any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and all other portions of this Agreement shall remain in full force and effect (i.e., if any part of this Agreement is unlawful, void or otherwise unenforceable, only that part will be deemed severable and, such severance will not affect the validity and enforceability of any and all the remaining provisions).
You acknowledge and agree that the failure of isurvive.org or any Website Content Providers or affiliates, or any of either’s assignees or successors, to enforce any of the specific provisions of this Agreement shall not comprise a waiver of, or preclude or prevent any later, further or other enforcement of such provision(s), or any other provision(s), or waive, preclude, prevent or diminish the exercise of any other right hereunder.
Affirmation of Agreement
Mutually Drafted Negotiation Option
For purposes of construction and interpretation of this Agreement, both You and isurvive.org shall be deemed to have mutually drafted this Agreement and all parts thereof. If You would like to negotiate other terms or otherwise modify this Agreement before providing your assent and agreement, please contact the Director at firstname.lastname@example.org or email email@example.com. You hereby acknowledge and agree that this is not a contract of adhesion and that as a material inducement for isurvive.org to provide a license to You to use our Website. You hereby agree that You shall not make any claim or support any action on the claim that this Agreement constitutes a contract of adhesion or is unconscionable in any way. This is a legal contract. Like all legal contracts, You are advised to procure appropriate legal advice before entering into this agreement. You acknowledge and agree that Company did not require You to enter into this Agreement without having sufficient time and opportunity to consult with an attorney. You hereby further acknowledge that You have either consulted with an attorney prior to agreeing to the provisions of this Agreement or You expressly and knowingly have opted not to seek legal counsel prior to your full agreement hereto.
Paragraph and subparagraph headings of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.