Our Terms of Use are repurposed from the nonprofit blog, Topnonprofits.com and made available under the Creative Commons License. This means that you can tweak and edit them for your blog or website as long as you agree that they are provided to you for educational and informational purposes only and that they are not intended to substitute professional legal advice.
Definition of Terms By continuing to our Site, you agree that the website, mlifefoundation.org is owned and controlled by MLIFE Foundation (We refer to ourselves from now on as “MLIFE,” or “we” or “our” or “us”). You also agree that our Terms of Use constitute a legally binding agreement made between you and us, whether you’re acting for yourself or on behalf of an entity or entities (We refer to you as “you” or “your”). Our Terms of Use regulate how you access our website or any successor website or website(s), including any content, service, media, software, mobile website, and any mobile application linked or otherwise accessible in connection with our website (collectively, the ‘Site’). You are asked to read our Terms of Use carefully before accessing or using any part of our Site. By accessing or using any part of the Site, you agree to become bound without modification by our Terms of Use and all other terms and conditions contained herein including all applicable federal, state, and local laws and regulations, and all operating rules, policies, and procedures that may now or in future be published our Site (collectively, the “Agreement”).
Change to our Terms of Use You grant us an irrevocable right, in our sole discretion, to make changes or modification to our Terms of Use at any time and for any reason and waive any right to receive specific notice of each such change. You agree that you’ll be deemed to have accepted and made aware of any changes in our revised Terms of Use by your continued use of our Site after the date such revised Terms of Use are posted. You also agree that MLIFE may, in the future, offer new services and features through the Site (including, the release of new tools and resources) and such new features and services shall be subject to the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access our Site or use any of our services. Your continued use of or access to our Site following the posting of any changes to this Agreement constitutes acceptance of those changes.
Age verification By using our Site, you affirm that you are of legal age to enter into this agreement or if you are not, you are thirteen years of age or older and that you have obtained parental or guardian consent to enter into this agreement. If these terms and conditions are considered an offer by MLIFE, acceptance is expressly limited to these terms.
Content Creation You agree that you are entirely responsible for the content of, and any harm resulting from that content, when you comment, post material, post links, or otherwise contribute to our Site either through hard copies submissions or electronic communications, or allow any third party or parties to make material available by means of our Site (“Content”). This is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available to us, you represent and warrant that:
The downloading, copying and use of your Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; You have fully complied with any third-party licenses relating to your Content, and have done all things necessary to pass through to end users any required terms successfully; Your Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; Your Content is not spam or machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to your site or third-party sites or boost your search engine rankings or those of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); Your Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; Your Content does not include foul or derogatory language whose intention is to cause harm or incite prejudice premised on falsehoods. Your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; Your blog is not named in a manner that misleads our readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than the one you own; You have, in the case of Content that includes computer code, accurately categorized and described the type, nature, uses, and effects of the materials, whether requested to do so by MLIFE or otherwise. By submitting your Content to MLIFE for inclusion on our Site, you automatically grant MLIFE a world-wide, royalty-free, unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Content (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other tasks, such Content. You agree that distribution of your Content may occur in any media formats and through any media channels. Your license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Content, and you warrant that moral rights have not otherwise been asserted in your Content. You may request MLIFE to remove your Content from our Site for any reason. However, such request is at MLIFE’s sole discretion, and If MLIFE agrees to remove such content, you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, MLIFE has the right (though not the obligation) to, in MLIFE’ sole discretion (i) refuse or remove any content that, in MLIFE’s reasonable opinion, violates any MLIFE’s policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in MLIFE’s sole discretion. MLIFE will have no obligation to provide a refund of any amounts previously paid. Site Visitors MLIFE has not reviewed, and cannot review, all of the material, including computer software, posted to the Site, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Site, MLIFE does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MLIFE disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.
Content Posted on Other Sites We have not reviewed, and cannot review, all of the material, including computer software, made available through the Sites and webpages to which mlifefoundation.org links, and that link to mlifefoundation.org. Links on the Website that lead to outside services and resources are provided for convenience only. We do not control the accuracy or availability of those services and resources and therefore not responsible for their contents or their use. By linking to a non-MLIFE Site or webpage, MLIFE does not represent or imply that it endorses such Site or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MLIFE disclaims any responsibility for any harm resulting from your use of non-MLIFE Sites and webpages. Any concerns regarding any such service or resource, or any link, should be directed to the particular service or support.
Electronic Communication Most of our resources, services, questionnaires, and forms can be accessed and completed online. You may also select to send us an email and complete an online form on our Site or communicate to us or through a third-party site such as Facebook, Twitter, etc from accounts directly linked to our website and are independently managed by us (from now on referred to as “electronic communications”). Your use of electronic communications shall be deemed as consent by you to receive all agreements, notices, disclosures, and other communications via electronic communications and a waiver of any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. Electronic communications, including notices posted on our Site, shall satisfy any legal requirement that such notification is in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site.
Governing Law Our Terms of Use and your use of our Site are governed by and construed by the laws of the State of California applicable to agreements made and to be entirely performed within the State of California.
Intellectual Property This Agreement does not transfer from MLIFE to you any MLIFE or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MLIFE. MLIFE, mlifefoundation.org, and the MLIFE Foundation’s logo, and all other trademarks, service marks, graphics and logos used in connection with the Site are trademarks or registered trademarks of MLIFE. Other trademarks, service marks, graphics, and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any MLIFE or third-party trademarks.
Copyright Infringement and DMCA Policy We respect the intellectual property rights of others. If you believe that material located on or linked to our Site violates your copyright, you are encouraged to notify MLIFE by MLIFE’s Digital Millennium Copyright Act (“DMCA”) Policy. MLIFE will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MLIFE will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MLIFE or others. In the case of such termination, MLIFE will have no obligation to provide a refund of any amounts previously paid to MLIFE.
All communications regarding DMCA policy should be addressed as follows: Designated Copyright Agent MLIFE Foundation Attn: Copyright Agent 1909 Mission Street, Suite 105 San Francisco, CA 94103 copyright@mlifefoundation.org
Disclaimer of Warranties Our Site is provided “as is”. MLIFE and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MLIFE nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Site at your own discretion and risk.
Limitation of Liability In no event will MLIFE, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MLIFE under this agreement during the twelve (12) month period prior to the cause of action. MLIFE shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty You represent and warrant that (i) your use of our Site will be in strict accordance with the MLIFE’ Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification You agree to indemnify and hold harmless MLIFE, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Site, including but not limited to your violation of this Agreement.
Disputes You agree to settle any claim or dispute arising from or related to this agreement through conciliation, and if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker® Ministries (complete text of the Rules is available here). Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. You understand that these methods shall be the sole remedy for any controversy or claim arising out of this agreement and expressly waive your right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision. The proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California unless otherwise provided by Law.
California Residents If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Miscellaneous This Agreement constitutes the entire agreement between MLIFE and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MLIFE, or by the posting by MLIFE of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of California. If any clause or provision of this Agreement is found during the court of Arbitration or by a court of competent jurisdiction to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, the remainder of this Agreement shall not be affected thereby, and you agree that in lieu of each clause or provision that is illegal, invalid or unenforceable, there be added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable.
Termination MLIFE may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Mlifefoundation.org account (if you have one), you may simply discontinue using the Site. MLIFE Foundation can terminate the Site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Contact You are welcomed to contact us at: MLIFE Foundation 1909 Mission Street, Suite 105 San Francisco, CA 94103 hello@mlifefoundation.org.