PLEASE READ THESE TOU CAREFULLY. By accessing or using the Rescue Team Service, you (“You” or “Your” as applicable) are bound by the notices, terms and conditions in these TOU and, as applicable, elsewhere on www.rescueteamla.org. If You access or use the Rescue Team Service on behalf of a business, You represent to Rescue Team that You have the authority to bind that business and Your acceptance of these TOU will be treated as acceptance by that business. In that event, You and Your in these TOU will refer to that business. If You do not agree to any of these TOU, You may not use the Rescue Team Service.
THE RESCUE TEAM SERVICE
The Rescue Team Service consists of: (i) the Site, located at www.rescueteamla.org (and/or any successor or additional website(s) owned or operated by or for Rescue Team); (ii) all information, materials and applications made available on the Site; (iii) the servers operated by or on behalf of Rescue Team; and/or (iv) any other technology and/or services that Rescue Team provides on or through the Site.
USE OF SITE INFORMATION
Rescue Team either owns the intellectual property rights in the HTML, text, images, graphics, music, audio, video, data, software and other content that is made available on or through the Rescue Team Service (the “Rescue Team Content”), or has obtained the permission of the owner of such rights to make the Rescue Team Content available. Except as set forth below or as specifically authorized in a written notice posted by Rescue Team on the Site, Rescue Team strictly prohibits the redistributing or copying of any part of the Rescue Team Service and any related Rescue Team Content without express written permission from Rescue Team.
Rescue Team authorizes you to display on your computer, download and print pages from the Site provided: (a) any and all copyright notices appear on all such printouts in the same location and manner as displayed on the Site, (b) the pages and associated Rescue Team Content are not and will not be altered and (c) you do not redistribute any of the content or copy the content to any other media. Rescue Team reserves all rights not expressly granted in and to the Rescue Team Service and the Rescue Team Content.
The Site is for informational purposes only and your access, use, and/or reference of the Site does not create any business or contractual relationship between you and Rescue Team. All Rescue Team Content is provided AS IS and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, nothing on the Site shall be construed as on offer or agreement by Rescue Team to enter into any contract, agreement, or transaction.
Although You may use the Rescue Team Service without creating an account with Rescue Team, there may be portions of the Rescue Team Service that require You to register for a Rescue Team account (an “Account”). In order to create a Rescue Team Account, You must create a username and password, and provide Rescue Team with Your first name, last name, occupation, company name and email address. You must provide true, accurate and complete information as required, and You must keep Your Account information up to date at all times. You may not create an Account using another person’s name or information, including email address and/or phone number, and You shall not, if applicable, create a username with the intent to impersonate another person, or which is subject to any rights of a person or entity other than You without appropriate authorization, or which is otherwise offensive, vulgar or obscene.
You are solely responsible for the activity that occurs on Your Account and for keeping Your Account password secure. Any information concerning You or others which You provide through registration is protected by the login and password You create when registering for an Account. You can help prevent the unauthorized disclosure of Your information by choosing and protecting Your password appropriately. This includes choosing a “strong” password that includes at least 8 characters comprising at least one letter, one number and one non-alphanumeric symbol. You can also help prevent unauthorized disclosure by preventing others from using Your computer and/or password, and by completely signing off and closing Your browser after You have completed accessing the Site. You may never use another person’s Account or registration information for the Rescue Team Service without permission. You should never publish, distribute or post login information for Your Account. You must notify us immediately of any breach of security or unauthorized use of Your Account. You shall have the ability to delete Your Account by emailing firstname.lastname@example.org.
RULES OF CONDUCT
Your use of the Rescue Team Service is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Rescue Team reserves the right to seek damages from any such person to the fullest extent permitted by law. You may not engage in any activity on or through the Rescue Team Service that restricts or inhibits any other user from using or enjoying any element of the Rescue Team Service by “hacking”, “cracking”, “spoofing”, or defacing any portions of the Rescue Team Service, and You acknowledge that any attempt to do so is a violation of criminal and civil laws. You may not harvest or collect information about the Site visitors without their express written consent.
You may not reproduce or circumvent the navigational structure or presentation of the Rescue Team Content. You may not engage in any activity that could lead to the Rescue Team Service containing software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components. The Rescue Team Service may only be used by individuals who are over the age of 18, or are emancipated minors, or possess legal parental or guardian consent, and are fully able to and competent to enter into and abide by these TOU, conditions and obligations set forth in these TOU. If you are under 18 years of age, you may only access the Site with the express permission of your legal parent or guardian.
Rescue Team may terminate Your access to all or any part of the Rescue Team Service at any time, with or without cause, with or without notice, effective immediately. You may terminate Your use of the Rescue Team Service at any time, provided, however, that all provisions of these TOU, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Rescue Team and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, “Rescue Team Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of and access to the Rescue Team Service; (ii) Your violation of any term of these TOU, including any breach of any representation, warranty, covenant or agreement made by You herein; (iii) Your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that Your use of the Site caused damage to a third party; or (v) Your gross negligence or willful malfeasance (collectively, “Claims”). You are solely responsible for defending any such Claims, and for payment of any losses, costs, damages and expenses resulting from the foregoing. Rescue Team shall have the right, in its sole discretion, to select its own legal counsel to defend the Rescue Team Indemnitees from any Claims (but by doing so shall not waive Your indemnity obligations), and You shall be solely responsible for the payment of all reasonable attorneys’ fees incurred by the Rescue Team Indemnitees in connection therewith. You shall notify Rescue Team immediately if You become aware of any actual or potential Claims, suits, actions, allegations or charges related to Your use of or access to the Rescue Team Service. You shall not, without the prior express written approval of Rescue Team, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against You, if such settlement or resolution results in any obligation or liability for any Rescue Team Indemnitee. This defense and indemnification obligation will survive these TOU and Your use of the Rescue Team Service.
THE RESCUE TEAM SERVICE, TOGETHER WITH THE RESCUE TEAM CONTENT AND ANY OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY “MATERIALS”), ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FROM RESCUE TEAM AND ITS CONTENT PROVIDERS. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE RESCUE TEAM SERVICE AND MATERIALS IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY ELEMENT OF THE RESCUE TEAM SERVICE OR ANY MATERIALS. RESCUE TEAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARD TO THE RESCUE TEAM SERVICE OR ANY MATERIALS AVAILABLE ON OR THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RESCUE TEAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGMENT. YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE RESCUE TEAM SERVICE AND MATERIALS AVAILABLE ON OR THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, RESCUE TEAM MAKES NO WARRANTY THAT (i) THE RESCUE TEAM SERVICE OR MATERIALS OFFERED ON OR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE RESCUE TEAM SERVICE OR MATERIALS OFFERED ON OR THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RESCUE TEAM SERVICE OR MATERIALS WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM RESCUE TEAM OR THROUGH THE RESCUE TEAM SERVICE OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, RESCUE TEAM SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR LOSS OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT YOUR USE OF THE RESCUE TEAM SERVICE OR THE MATERIALS AVAILABLE ON OR THROUGH THE SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT IT HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RESCUE TEAM IN CONNECTION WITH THE SITE IS TO CEASE YOUR USE OF THE RESCUE TEAM SERVICE AND THE MATERIALS. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Acceptance. If You do not accept all of the terms and conditions set forth in these TOU, You may not access or use the Rescue Team Service.
Assignment. You may not assign any of Your rights or obligations under these TOU without Rescue Team’s express prior written consent. Rescue Team may assign its rights or assign or delegate any of its obligations under these TOU without restriction.
Enforceability, Waiver and Severability. If any provision of these TOU is found illegal or unenforceable, the TOU will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these TOU will not be affected. No delay or failure by Rescue Team to exercise or enforce any of its rights under these TOU will act as a waiver of such rights. Each provision of these TOU shall be severable from every other provision hereof for the purpose of determining the legal enforceability of any specific provision.
Entire Agreement. These TOU constitutes the entire understanding between Rescue Team and You with respect to the matters and transactions contemplated hereby and supersedes all previous agreements between You and Rescue Team concerning the subject matter hereof. You acknowledge and agree that You have not relied on any statement, representation or promise of Rescue Team in agreeing to these TOU.
Export and International Use. The Rescue Team Service is controlled and offered by Rescue Team from its facilities in the United States of America. Rescue Team makes no representations that the Rescue Team Service is appropriate or available for use in other locations. Those who access or use the Rescue Team Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Good Faith. You agree to act in good faith with respect to each provision of these TOU and any dispute that may arise related hereto or thereto.
Governing Law, Jurisdiction and Venue. These TOU shall be governed by and construed in accordance with the laws of the State of New York, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in New York County of the State of New York for any claim or action arising out of or relating to these TOU or Your use of the Rescue Team Service. You agree that: the Rescue Team Service shall be deemed to be solely based in the State of New York; the Rescue Team website shall be deemed a passive website that does not give rise to personal jurisdiction over Rescue Team, either specific or general, in jurisdictions other than the State of New York; and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE RESCUE TEAM SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.
Headings. The section headings and subheadings contained in these TOU are included for convenience only, and shall not limit or otherwise affect the terms hereof.
Notices. Any notices to Rescue Team required to be given in writing under these TOU shall be delivered either by hand, overnight delivery service or First Class United States mail and shall be pre-paid and addressed as follows: The Rescue Team, Inc., 4545 Willis Avenue, #5, Sherman Oaks, California 91403.
Survival. All terms of these TOU which by their nature extend beyond the termination of the TOU shall remain in effect for as long as necessary to permit their full discharge and apply to each party’s respective successors and permitted assigns.