USE OF THE Charitable Giving Foundation (CGF) WEBSITE IS STRICTLY SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.
THIS WEBSITE IS NOT INTENDED TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY. IF YOU BELIEVE YOUR SYMPTOMS OR SITUATION TO BE LIFE THREATENING, CALL YOUR EMERGENCY MEDICAL SYSTEM IMMEDIATELY (IN MOST AREAS THIS IS REACHED BY DIALING 911).
Agreement. Please read this User Agreement carefully before using the CGF website. This Agreement explains the terms and conditions governing usage of the CGF website, and it is your responsibility to read and understand them. By using the CGF website, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you may not access or use this website.
General Information Disclaimer. CGF does not make any warranty, express or implied, or assume any legal liability or responsibility for the completeness or usefulness, or the accuracy or quality of any information presented on the CGF website. While reasonable efforts have been made to ensure the accuracy of the information provided, the information is subject to change without notice and cannot be guaranteed to be current.
Health Products Information Disclaimer.The information available on CGF web site and products sold by our Merchants should not be used as a substitute for professional medical care for the prevention, diagnosis, or treatment of health problems. You should consult with your personal physician or pharmacist before taking any products (including any herbal medicines or supplements) or following any treatment or regimen. Only your personal physician or pharmacist can provide you with advice on what is safe and effective for you. The information on CGF web site (Merchant Listings) or Merchant Sites should not be used as a substitute for the diagnosis and advice of your health care professional. Nothing on this web site is to be interpreted as advocating the self-management of your health and medical condition(s) or those of your family. The information contained herein has been devised without reference to cultural, dietary, societal language, prescribing, or dispensing conditions, other than those of the United States, which might affect the information provided.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE CGF WEB SITE AND THE INFORMATION THEREON IS ENTIRELY AT YOUR SOLE RISK. CGF AND ITS AFFILIATES AND LICENSORS WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE CGF WEBSITE, YOUR USE THEREOF OR ANY OF THE INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON OUR WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST CGF, ITS AFFILIATES AND LICENSORS FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE CGF WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON THIS WEBSITE IS PROVIDED "AS IS" AND CGF AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, WRITTEN, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED ON THE WEBSITE.
Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or providers of products or services found on or through the CGF website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or provider. You agree that CGF shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or providers on the CGF website.
Links. Third party websites linked to the CGF website are not under the control of CGF and CGF is not responsible for the content of any linked website or any link contained in a linked website, or any changes or updates to such websites. CGF provides these links to you only as a convenience, and the inclusion of any link does not imply a financial or business relationship, nor endorsement by CGF of the website or its products or services. CGF is not responsible for any activities that you may engage in on any linked website, including without limitation, purchase of products or services.
Not Intended for Minors. The CGF website is not designed or intended for use by minors. You must be an individual, 18 years of age or older, to use the CGF website.
Changes to this Agreement. CGF may change the terms of this User Agreement from time to time. By continuing to use the website after we post any such changes, you accept the User Agreement, as modified.
Copyright. You may download material displayed on this website for noncommercial, personal use only, including showing the print-out to your personal physician or pharmacist, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, transfer, or use any content or information of the website for public or commercial purposes without CGF's prior written permission.
Trademarks. CGF™ is a trademark of Charitable Giving Foundation. CGF's logos and trademarks that appear throughout the CGF website belong to CGF, its affiliates or third party trademark owners, and are protected by U.S. and international trademark laws. Without CGF's express prior written permission, you agree not to display or use in any manner, the CGF logos or trademarks. Nothing on the CGF website shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of CGF, its affiliates or any third party, whether by estoppel, implication or otherwise. All contents of the CGF website are: Copyright © 1974-2012 Charitable Giving Foundation or its licensors. All rights reserved.
Indemnification. You agree to defend, indemnify and hold CGF and its affiliates and licensors harmless from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, related to your violation of this Agreement or any activity by you on this website.
Governing Law. This User Agreement shall be construed, governed by and enforced solely and exclusively in accordance with the laws of the State of California, without giving effect to its conflict of laws or provisions of your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of this User Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect. You hereby agree that the courts located in the State of California, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement and you hereby consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto.
Entire Agreement. This User Agreement constitutes the entire and final agreement between you and CGF with respect to this subject and replaces any and all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter. Any waiver of any provision of the User Agreement will be effective only if in writing and signed by CGF.
PARENTAL OR GUARDIAN PERMISSION.
You must be 18 years or older to purchase any product or service offered on or through the Website. Some of the content on the Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing the Website.
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email or by posting notices on the 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. Charitable Giving Foundation may also deliver communications to you electronically. In addition, Charitable Giving Foundation may deliver communications (including legal notices) to you at the street address provided in your Charitable Giving Foundation membership account. Finally, Charitable Giving Foundation may deliver communications to you by any means set forth in any other Charitable Giving Foundation policy or notice published on the Website.
LICENSE AND SITE ACCESS.
Charitable Giving Foundation grants you a limited license to access and make personal use of the Website and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of Charitable Giving Foundation. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Charitable Giving Foundation. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Charitable Giving Foundation without our express written consent. You may not use any metatags or any other hidden text utilizing Charitable Giving Foundation's name or trademarks without the express written consent of Charitable Giving Foundation. Any unauthorized use terminates the permission or license granted by Charitable Giving Foundation. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Charitable Giving Foundation, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Charitable Giving Foundation logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT.
DISCLAIMERS AND LIMITATION OF LIABILITY.
Users of the Website (individually and collectively, "User") expressly agree that use of the Website is at User's sole risk. Neither Charitable Giving Foundation, nor its employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. Charitable Giving Foundation does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information.
The website is provided by Charitable Giving Foundation on an "as is" and "as available" basis. Charitable Giving Foundation makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, products or individuals included or listed on the website. To the fullest extent permissible by applicable law, charitable giving foundation disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall charitable giving foundation or providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including, but not limited to, lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the website or the use of the information or the results of the use of the information provided on the website, even if charitable giving foundation is expressly advised of the possibility of such damages. In no event shall charitable giving foundation's liability exceed the price you paid for a product or service that is the subject of the claim. No oral advice or written information given by charitable giving foundation, providers or the like, shall create a warranty; nor shall user rely on any such information or advice.
Under no circumstances shall Charitable Giving Foundation or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, 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's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
The Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively "Content"). Regarding the Content supplied by Users or parties other than Charitable Giving Foundation, Charitable Giving Foundation is a distributor and not a publisher. Charitable Giving Foundation has no more editorial control over such third-party or User Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by Charitable Giving Foundation are those of the respective authors or distributors and not of Charitable Giving Foundation. Neither Charitable Giving Foundation nor any third party, including any Provider, or any User of the Website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Website represents the opinions and judgments of the respective Provider or User not under contract with Charitable Giving Foundation.org. Charitable Giving Foundation neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized Charitable Giving Foundation employees. Under no circumstances shall Charitable Giving Foundation be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Website. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through the Website.
User agrees to use the Website only for lawful purposes. User is prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. If Charitable Giving Foundation is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, Charitable Giving Foundation may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website. Charitable Giving Foundation may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of Charitable Giving Foundation, its Users or Providers. Charitable Giving Foundation reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, the Website, or any rights of Charitable Giving Foundation or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Charitable Giving Foundation nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither Charitable Giving Foundation, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Website.
LINKS TO OTHER SITES.
The Website may reference or link to third-party sites throughout the World Wide Web. Charitable Giving Foundation has no control over these third-party sites or the content within them. Charitable Giving Foundation cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. Charitable Giving Foundation does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. Charitable Giving Foundation does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party's privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against Charitable Giving Foundation for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.
Copyright © The Charitable Giving Foundation.org 1974-2013. All rights reserved. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to Charitable Giving Foundation or its content suppliers and are protected by United States and international copyright law. Charitable Giving Foundation enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
Charitable Giving Foundation, Charitable Giving Foundation.org, and the related logos and other marks indicated on our Website are the exclusive property and trademarks of Charitable Giving Foundation.org. Charitable Giving Foundation reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by Charitable Giving Foundation that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Charitable Giving Foundation.
You agree to defend, indemnify, and hold Charitable Giving Foundation and Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
The Website is created and controlled by Charitable Giving Foundation in the State of California. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Charitable Giving Foundation reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the State of California for any litigation arising out of or relating to use of or purchase made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California courts and agrees not to plead or claim in any California court that such litigation brought therein has been brought in an inconvenient forum.
In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. Charitable Giving Foundation reserves the right to make changes to the Website, these policies, and these Terms and Conditions at any time, effective immediately upon the posting on this Website. Please check these Terms and Conditions periodically. In addition, these Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website, or by signed, written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Unsolicited Idea Submission Policy.
Charitable Giving Foundation ("CharitableGivingFoundation.org"), and/or any of its employees, do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Charitable Giving Foundation.org's products or marketing strategies might seem similar to ideas submitted to Charitable Giving Foundation.org. So, please do not send your unsolicited ideas to Charitable Giving Foundation.org or anyone at Charitable Giving Foundation.org. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter, fax, or e-mail says, the following terms shall apply to your idea submission.
Terms of Idea Submission.
You agree that: (1) your ideas will automatically become the property of Charitable Giving Foundation.org, without compensation to you, and (2) Charitable Giving Foundation.org can use the ideas for any purpose and in any way, even give them to others.
Product and/or Service Feedback.
Charitable Giving Foundation.org does, however, welcome your feedback regarding many areas of Charitable Giving Foundation.org's existing business. If you want to send us your feedback, and we hope you do, we simply request that you send us an email to info@CharitableGivingFoundation.org. Please provide only specific feedback on Charitable Giving Foundation.org's existing products or marketing strategies; do not include any ideas that Charitable Giving Foundation.org's policy will not permit it to accept or consider. It's just one more way that Charitable Giving Foundation.org can learn how to best satisfy your needs.
Feedback and Information.
Any feedback you provide at this site shall be deemed to be non-confidential. Charitable Giving Foundation.org shall be free to use such information on an unrestricted basis.