Terms of Service and Release
Terms of Service and Release & Release The Gary S. Stevens Foundation - Go-YOUth.org - GoYOU.org This Web site (this “Site”) is owned and operated by the Gary S. Stevens Foundation (“GSSF”). If you have any questions about this Site or these Terms of Service and Release, please contact us at: The Gary S. Stevens Foundation 9101 2nd Avenue South Bloomington, MN 55420 Phone: 952 888 0888 Fax: 952 888 0888 Email: TOS@GSSFoundation.org Your Consent These Terms of Service and Release (these “Terms of Service and Release”) govern your use of this Site, including any information made available to you through this Site, and your participation in the GSSF programs and services offered on or supported by this Site, including GSSF tele-seminars, individual and group telephone coaching, coaching provided via instant messaging, and individual and group chat sessions (“GSSF Programs”). Please take a few minutes to read these Terms of Service and Release carefully. By accessing and using any part of this Site, you are representing to the GSSF that you are agreeing to comply with and to be legally bound by these Terms of Service and Release. IF YOU DO NOT AGREE TO THESE Terms of Service and Release, YOU MAY NOT USE THIS SITE OR PARTICIPATE IN ANY GSSF PROGRAMS. Your Representations By accessing and using this Site, you are representing to the GSSF that • you are at least 16 years old, • you have the capacity to enter into legally binding agreements, and • you have read and understood these Terms of Service and Release. These Terms and Conditions May Change The GSSF is continually improving and adding to the features and functionality of this Site and the GSSF Programs. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Service and Release. Accordingly, we reserve the right to update or modify these Terms of Service and Release at any time, without prior notice, by posting the revised version of these Terms of Service and Release behind the link marked “Terms of Service and Release” at the bottom of each page of this Site. Whenever these Terms of Service and Release are changed, we will alert you by posting a notice on our home page. The changes will apply going forward, not retroactively. Your continued use of this Site after we have posted the revised Terms of Service and Release constitutes your agreement to be bound by the revised Terms of Service and Release. You may review the current version of these Terms of Service and Release at any time by clicking on the link marked “Terms of Service and Release” at the bottom of each page of this Site. These Terms of Service and Release were last revised on December 9, 2004. Disclaimer THIS SITE, INCLUDING ALL INFORMATION MADE AVAILABLE TO YOU THROUGH THIS SITE, AND THE GSSF PROGRAMS ARE PROVIDED ON AN "AS IS," AS AVAILABLE BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER. TO THE FULLEST PERMITTED BY LAW, THE GSSF, ITS SERVICE PROVIDERS AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THIS SITE, INCLUDING ALL INFORMATION MADE AVAILABLE TO YOU THROUGH THIS SITE, AND THE GSSF PROGRAMS. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, THE GSSF, ITS SERVICE PROVIDERS AND ITS LICENSORS HEREBY DISCLAIM (A) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THIS SITE OR ANY PART OF IT; (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS SITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION; (D) WARRANTIES RELATING TO THE USE, VALIDITY, ACCURACY, CURRENCY, COMPLETENESS, SUITABILITY, RELIABILITY, OR THE RESULTS OF THE USE OF THIS SITE, INCLUDING ANY INFORMATION MADE AVAILABLE THROUGH THIS SITE, OR THE GSSF PROGRAMS; (E) WARRANTIES RELATING TO WEB SITES TO WHICH THIS SITE IS LINKED; (F) ALL OTHER WARRANTIES RELATING TO THE PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY THE GSSF, ITS SERVICE PROVIDERS, OR ITS LICENSORS. SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OR LIMITATION OF CERTAIN WARRANTIES. LIMITATION OF LIABILITY YOUR USE OF THIS SITE, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THIS SITE, AND/OR YOUR PARTICIPATION IN ANY GSSF PROGRAM IS AT YOUR SOLE RISK.   UNDER NO CIRCUMSTANCES, SHALL THE GSSF, ITS SERVICE PROVIDERS OR ITS LICENSORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS OF, USE OF OR INABILITY TO USE THIS SITE OR ANY WEB SITE TO WHICH THIS SITE IS LINKED; (B) YOUR RELIANCE ON ANY INFORMATION MADE AVAILABLE THROUGH THIS SITE OR ANY WEB SITE TO WHICH THIS SITE IS LINKED; (C) ANY REGISTRATION, APPLICATION OR SCREENING PROCESS INITIATED THROUGH THIS SITE; (D) YOUR PARTICIPATION IN ANY PROGRAM; (E) STATEMENTS MADE OR INFORMATION PROVIDED BY YOU OR ANY OTHER PARTICIPANT IN A GSSF PROGRAM; (F) THE BREACH OF THESE Terms of Service and Release BY ANY OTHER PARTICIPANT IN A GSSF PROGRAM; (G) ANY DECISION YOU MAKE OR ACTION YOU TAKE IN RELIANCE ON OR AS A RESULT OF ANY OF THE FOREGOING; OR THE PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS OF THE GSSF, ITS SERVICE PROVIDERS, OR ITS LICENSORS. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE GSSF, ITS SERVICE PROVIDERS OR ITS LICENSORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH THIS SITE, INCLUDING ANY INFORMATION MADE AVAILABLE THROUGH THIS SITE, OR THE PROGRAMS WILL BE TO STOP USING THE SITE AND/OR THE PROGRAMS. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE GSSF, ITS SERVICE PROVIDERS AND ITS LICENSORS COULD NOT ASSUME THE RISK OF MAKING THIS SITE OR THE PROGRAMS AVAILABLE TO YOU FREE OF CHARGE IF THEIR LIABILITY AND YOUR REMEDIES WERE NOT LIMITED AS SET FORTH IN THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE GSSF, ITS SERVICE PROVIDERS AND ITS LICENSORS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS. Release YOU UNDERSTAND AND ACKNOWLEDGE THAT “COACHING” IS NOT A FORM OF MEDICAL OR PSYCHIATRIC DIAGNOSIS, PSYCHOLOGICAL EVALUATION; THERAPY, COUNSELING, OR TREATMENT. STAFF EMPLOYED OR CONTRACTED BY THE GSSF MAY ASSESS YOUR CIRCUMSTANCES AND “COACHABILITY” FOR PURPOSES OF YOUR PARTICIPATION IN THE GSSF PROGRAMS. HOWEVER, EVEN IF A GSSF STAFF MEMBER IS PROFESSIONALLY LICENSED OR ENGAGED IN THE PRACTICE OF MEDICINE OR THERAPY OUTSIDE OF THE GSSF PROGRAMS, DURING THE COURSE OF THE GSSF PROGRAMS NEITHER THE GSSF NOR ITS STAFF WILL PROVIDE ANY DIAGNOSIS, THERAPY, COUNSELING, TREATMENT OR ANY OTHER LICENSED PROFESSIONAL HEALTH CARE SERVICES RELATED TO YOUR PHYSICAL OR MENTAL HEALTH.   BY ACCESSING AND USING THIS SITE AND/OR PARTICIPATING IN ANY GSSF PROGRAM, YOU ARE AGREEING THAT : YOU DO NOT EXPECT TO RECEIVE ANY DIAGNOSIS, THERAPY, COUNSELING, TREATMENT, OR PHYSICAL OR MENTAL HEALTH CARE SERVICES THROUGH THE PROGRAMS OR FROM THE GSSF; YOU ARE RESPONSIBLE FOR SEEING YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER FOR ANY DIAGNOSES, THERAPY, COUNSELING OR TREATMENT, AS WELL AS FOR CONFIRMING THE APPROPRIATENESS OF THE INFORMATION AND APPROACHES TAUGHT IN THE PROGRAMS.; YOU UNDERSTAND THAT THE PROGRAMS DO NOT INCLUDE, IN WHOLE OR IN PART, ANY ASPECT OF LICENSED, REGISTERED OR OTHERWISE PROFESSIONALLY REGULATED HEALTH CARE SERVICES UNDER THE LAWS OF MINNESOTA OR ANY OTHER JURISDICTION, INCLUDING BUT NOT LIMITED TO THE PRACTICE OF PSYCHOLOGY, PSYCHIATRY, LICENSED CLINICAL SOCIAL WORK, MARRIAGE OR FAMILY COUNSELING, CHEMICAL DEPENDENCY COUNSELING, OR MENTAL HEALTH THERAPY; YOU DO NOT EXPECT TO RECEIVE ANY FINANCIAL, ACCOUNTING, TAX, CAREER OR LEGAL ADVICE THROUGH THIS SITE OR FROM THE GSSF; YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE FROM YOUR OWN LAWYER, ACCOUNTANT, TAX ADVISOR, FINANCIAL ADVISOR OR OTHER PROFESSIONAL. YOU TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS THE GSSF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER PARTICIPANTS IN THE PROGRAMS, AND THEIR RESPECTIVE SUCCESSOR AND ASSIGNS, FROM ANY AND ALL CLAIMS, OBLIGATIONS, DEMANDS, DAMAGES, JUDGMENTS, COSTS, EXPENSE OR LIABILITIES OF ANY KIND OR NATURE (WHETHER IN LAW OR IN EQUITY, DIRECT OR INDIRECT, LIQUIDATED OR UNLIQUIDATED, FIXED OR CONTINGENT, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED), WHICH IT MAY HAVE, OR MAY EVER HAVE, AGAINST THEM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE, INCLUDING YOUR USE OF ANY INFORMATION MADE AVAILABLE THROUGH THIS SITE, YOUR PARTICIPATION IN THE PROGRAMS, OR ANY OTHER MATTER ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITIES OF THE GSSF, INCLUDING, WITHOUT LIMITATION, ALL LIABILITY WITH RESPECT TO INJURY, DISABILITY, DEATH OR LOSS OR DAMAGE TO PERSONAL PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OF THE GSSF OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR OTHER PARTICIPANTS IN THE PROGRAMS OR OTHERWISE. Your Privacy Responsibilities By using our Site and participating in our Programs, you agree to keep any information disclosed by other participants about themselves on this Site or during any Program activity strictly confidential. For your own protection, use only your first name and do not provide your last name or contact information when you participate in group activities through this Site or as part of any Program. Use good judgment and common sense about what and how much you disclose to other participants when you participate in such group activities, just as you would in any public meeting or forum. The GSSF Privacy Policy The GSSF Privacy Policy describes the information we collect when you and others use this Site. It also describes how we use the personal information we collect through this Site. Our Privacy Policy is part of these Terms of Service and Release. By agreeing to these Terms of Service and Release, you are also consenting to our collection, use and disclosure of your personal information in accordance with our Privacy Policy. Please take a few minutes to review our Privacy Policy. Rules Governing Your Use of this Site You agree not to use this Site to load, post, transmit or otherwise make available: any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; any content that you know to be false, misleading, or fraudulent; any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any individual or entity; any solicitation of money; any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any information about an identifiable person without that person's permission; or any content inconsistent with the values or the spirit of Go-Youth! community. You also agree not to use this Site to: harm minors in any way; promote any illegal activity; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; interfere with or disrupt the Site or servers or networks connected to the Service; in violation of any local, state, national or international law, rule or regulation; "stalk" or otherwise harass another; or collect or store personal data about other users of this Service. You understand that the GSSF does not pre-screen the content posted on bulletin boards, chat rooms, or instant messaging services, but that the GSSF shall have the right (but not the obligation) in its sole discretion to remove any content that is posted on or available through this Site. Without limiting the foregoing, the GSSF shall have the right to remove any content that violates these Terms of Service and Release or is otherwise objectionable. Under no circumstances will the GSSF be liable in any way for any content posted on or made available through this Site by you or any third party. Additional Rules Governing Specific Portions of This Site or Participation is Specific Activities We reserve the right, from time to time, to enforce to additional rules with respect to specific portions of our Site or with respect to your participation in specific Programs. These special rules will be conspicuously posted on the relevant portions of our Site or on the portions of our Site that describe the specific Programs. These additional rules are part of these Terms of Service and Release, and you agree to comply with them when you use those portions of our Sites or participate in those Programs. Copyright Notice and Limited License The entire content of our Site, including, for example, all of the text, photographs, images, illustrations, graphics, audio clips, video clips, and audio-video clips made available through this Site (collectively, the “Content”) is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by the GSSF or by third parties who have licensed their materials to the GSSF. The entire Content of our Site is copyrighted as a compilation under United States copyright law and applicable international copyright laws and treaties, and the GSSF owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may download, store, print, and copy selected portions of the Content of this Site for your personal, non-commercial use, provided that You do not modify or alter the Content in any way; You do not delete or modify any copyright or trademark notices or language of attribution; You do not publish, perform, display, or post any part of the Content on any other Internet site; You do not publish, perform, display, or broadcast any part of the Content in or on any other media; You do not rent, lease, license, sell, or otherwise use any part of the Content for profit. Except as expressly stated above or as expressly stated on this Site, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, abridge, or in any other way transform or adapt all or any part of the Content of this Site without first obtaining written permission from the GSSF. Trademark Notice All of the trademarks, service marks, and logos displayed on this Site belong exclusively to the GSSF or their respective owners and may not be reproduced, displayed, or used without the written permission of the trademark owner. Links to Third-Party Web Sites This Site contains hyperlinks to Web sites that are not operated by the GSSF. The GSSF does not control these third-party Web sites. These links are provided for your convenience only. The GSSF does not endorse and shall not be responsible or liable for any content, products, or other materials on or available from these third-party Web sites. The GSSF does not warrant or represent that the information and other resources available through these third-party Web sites is current, accurate, complete, or reliable. It is your responsibility to evaluate these third-party Web sites and determine how you wish to use them. You access and use these third-party Web sites, and the resources available through these third-party Web sites, solely at your own risk. These Terms of Service and Release do not apply to third-party Web sites. If you access other Web sites through a link on this Site, please take a few minutes to review the terms of use posted on each Web site you visit. Third-Party Information Some of the information, articles, and other materials available through this Site are provided to the GSSF by third-parties. These third-party materials are provided for your convenience only. The GSSF does not endorse these materials or the third parties who supplied them to us, nor does the GSSF represent or warrant that these materials are current, accurate, complete, or reliable. It is your responsibility to evaluate these materials and determine how you wish to use them. Right to Change Web Site and Programs The GSSF reserves the right to alter the content or functionality of this Site in any way, to restructure, redesign, or alter the content of any Program; to limit your access to this Site; to deny you access to any Program; to shut down this Site, and to cancel or reschedule any Program, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. Interpretation As used in these Terms of Service and Release, the term “including” means “including, but not limited to.” Waiver The GSSF’s failure at any time to require performance of any provision of these Terms of Service and Release or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by the GSSF of any breach of any provision of these Terms of Service and Release or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Service and Release. Severability If any provision of these Terms of Service and Release is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service and Release shall remain in full force and effect. Governing Law, Jurisdiction, and Venue These Terms of Service and Release shall be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Service and Release shall be venued exclusively in state or federal court in Minneapolis, Minnesota, and you hereby irrevocably consent and submit yourself to the personal jurisdiction of said courts for all such purposes. Entire Agreement These Terms of Service and Release contain the entire understanding and agreement between you and the GSSF with respect to your access to and/or use of this Site and/or participation in GSSF Programs and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic between you and the GSSF with respect thereto. M1:1162167.02 January 15, 2005