TERMS OF USE

Introduction

Welcome to The Scooty Fund’s website (“Site”). These Terms and Conditions (“Terms of Use”) apply to your access to and use of the Site, regardless of domain name or IP address and the features and applications accessible through the Site (collectively, the “Content”). These Terms of Use are in addition to the terms and conditions of any other agreement you may have with The Scooty Fund. By using the Site, you agree to the following Terms of Use. If they are unacceptable to you, you should immediately cease all use of the Site.

 

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING ANY OF THE SITE OR THE CONTENT, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH THE SCOOTY FUND, THE TERMS OF WHICH GOVERN YOUR USE OF THE SITE. BY YOUR ACCESS OR USE OF THE SITE OR CONTENT YOU UNCONDITIONALLY AND IRRIVOCABLY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE OR THE CONTENT.

 

Disclaimer

The Scooty Fund strives to provide educational materials related to mental awareness and suicide prevention. The Scooty Fund, however, is neither a medical nor professional provider. Nothing in the Content should be construed as specific or general medical or psychological advice. You should always seek competent professional advice appropriate for specific individuals or situations should the need arise, including but not limited to whenever there is a possibly of violence, self-harm or suicidal ideation.

The Scooty Fund disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Content. The Scooty Fund does not represent or warrant that the Content is accurate, complete, reliable, current or error-free. The Scooty Fund does not represent or warrant that the Site, Content, or host server are free of viruses or other harmful components.

Copyright Protection; Limited License for Use

You acknowledge the Content contains information, text, graphics, designs, images, photographs, audio and video clips, digital files, and other material that are protected by copyright, trademark or other proprietary rights of The Scooty Fund or third parties. All Content on the Site is copyrighted as a collective work of The Scooty Fund pursuant to applicable copyright law. You are granted a limited license to access and use the Site and the Content only for your informational, personal, and noncommercial use.

You may not modify, transmit, reproduce, distribute, publish, transfer or sell, or in any way exploit any of the Content, in whole or in part, unless you have received prior written permission to do as the result of personally contacting The Scooty Fund. Nothing on the Site shall be construed as permission for use other than as outlined above. In consideration of your use of any of the Site and Content, you agree to accept all risks of unauthorized access to or use of any other information you provide to The Scooty Fund.

 

The Site may contain links to other sites on the Internet which are owned and operated by third parties (“External Sites”). You acknowledge that The Scooty Fund is not responsible or liable in any manner for the availability of, or the content located on or through, any External Site, or for any loss, liability, harm or damages incurred as the result of your use thereof. The Scooty Fund makes no representations or warranties in connection with any External Site, which at all times and in each instance is provided “as is.” Your use of External Sites is at your own risk. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or their content.

 

Digital Millennium Copyright Act (“DMCA”) Notice

In operating the Site, we may act as a “Content provider” (as defined by DMCA) and offer Content as an online provider of materials and links to External Sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Site. If you believe any material available via the Site infringes a copyright, you should notify us at tsf@scootyfund.org using the notice procedure for claimed infringement under the DMCA. We will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content.

 

Submissions Relating to Site or Content

You acknowledge and agree that any materials provided by you on the Site or related to the Site are non-confidential and become the sole property of The Scooty Fund. Upon your submission of such materials, you assign without additional consideration all rights, titles, and interest you may hold in such materials to The Scooty Fund. Upon submission, The Scooty Fund is entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without your review, acknowledgement, or compensation.

Indemnification; Limitation of Liability

You agree to defend, indemnify and hold harmless The Scooty Fund, its directors, officers, employees, shareholders, members and agents (together, “Indemnified Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Site and the Content, including without limitation, any actual or threatened suit, demand or claim made against the Indemnified Parties, or any of them, arising out of or relating to your conduct, your violation of these Terms of Use, as it may be amended from time to time, or your violation of any laws, regulations or third party rights. In no event shall the aggregate liability of The Scooty Fund, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Site exceed any compensation you pay, if any, to The Scooty Fund for access to or use of the site.

 

Applicable Law and Venue

These Terms of Use and your use of the Site and the Content (except as otherwise may be provided with respect to Third Party Applications) shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and performed entirely within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law, contract or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Termination

Notwithstanding any provision of these Terms of Use, The Scooty Fund reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and any of the Content, and to block or prevent your access to and use of the Site or any of the Content.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Questions & Contact Information

Questions or comments about the Site may be directed to The Scooty Fund at tsf@scootyfund.org.

The Scooty Fund

Last revised: September 15, 2019