The Pete Foundation
Terms of Service
Effective January 1, 2017
Welcome to The PeteFest website. These Terms of Service are provided in order to state the agreement under which The Pete Foundation (“TPF”, “PeteFest”, “we” or “us”) provides you with various services through the website located at www.thepetefoundation.org, and any other related or successor sites (the “Site”). TPF makes the Site, and its related sites and services, to you subject to your agreement with and compliance with the terms of service as contained herein, including any revised agreements that we may post from time to time with or without notice (the “Terms of Service”). All services provided by TPF on the Site are collectively referred to as the “Services”. The accessing of, the browsing and/or using the Site and/or the Services, is deemed your understanding of and acceptance of these Terms of Service. Further by such action, you agree to be bound by the Terms and Service with respect to the use of the Site. If it is your intent to be bound to the Terms of Service, you may not access, browse or use the Site or any of the Services we provide. You hereby represent and warrant that (a) you are (i) of legal age in your jurisdiction to form a legally binding contract with TPF and (ii) allowed to receive the Services under the laws of the United States, your country of residence, or the country in which you are located, and are not otherwise legally barred from doing so, and (b) the information you submit to TPF is accurate, true, current and complete.
- THIS SITE DOES NOT PROVIDE HEALTH ADVICE.
The contents of the Site (including, but not limited to, text, graphics and images) (“Content”) is presented in a summary fashion and is intended to be used for informational purposes only. Such Content is not intended to be, and should not be interpreted as, a recommendation for a specific treatment plan, product, course of action or medical or healthcare provider, or a substitute for medical advice, diagnosis or treatment, and we make no recommendations or endorsements of any specific tests, physicians, products, opinions, or other information that may be mentioned on the Site. Use of the Site does not replace medical consultation with a qualified health or medical professional. You expressly agree that to the meet the health and medical needs of you or any other party, you should always seek the advice of your physician, psychiatrist, or other qualified health care provider with any questions or needs you may have regarding a medical condition, and this Site is not a substitute for that consultation to any extent or in any manner.
- Changes to These Terms of Service
TPF may make changes to these Terms of Service from time to time, without notice, in its sole discretion. Each time you access this Site, you agree to review these terms of service for any changes, and your continued use of our Site and/or the Services constitutes your acceptance of any such changes. Your use of the Site is also subject to all other policies, disclaimers and guidelines that may be posted on the Site from time to time.
- Customer Service
There is not customer support offered for the Site or the Services.
From time to time, TPF may offer purchase products and/or services for purchase via the Site. If you choose to place an order for products or services through the Site, you expressly agree that you are subject to the additional terms of this “Purchases” Section. Upon placing an order, you will pay to TPF the purchase price as set forth in the “shopping cart” or similar ordering mechanism. TPF may use third-party payment processors to process payments of credit cards and other accepted methods of payment, and as such, your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes will be applied to your chosen method of payment upon submission of your order. Prices and availability of all products and/or services are subject to change without notice. All sales are final and non-refundable.
- Ownership and Protection of Intellectual Property Rights
The Contents of the Site are intended for the personal, noncommercial use of our users. All right, title and interest to the content displayed on the Site, including but not limited to the Site’s data and information, text, graphics, photographs, fonts, images, its look and feel, sound or video materials, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of TPF. The Site and its components are protected by copyright, trademark, patent or other proprietary rights and laws, and cannot be reproduced, duplicated, copied, published, sold, visited, or otherwise exploited for any commercial purpose without express written consent from TPF. You may not use any TPF logo or other proprietary graphic or trademark as part of a link without express written permission from TPF. Any unauthorized use automatically terminates any agreement or licenses and permission granted above by TPF. TPF reserves the right to block access, refuse services, or remove or edit content in connection with this website. Except as expressly authorized by TPF, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any Content (including without limitation any software) available through the Site.
- License Grant to Access Content on Our Site
By accessing this Site for strictly personal usage, you are granted a personal, nonexclusive, nontransferable, revocable, limited license to access, view, reproduce, print, cache, store and distribute content retrieved from the Site for personal use via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, discover or attempt to discover any source code whether through reverse engineer, reverse assemble or any other method. Nor shall you sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site or its Services or remove or obscure the copyright notice or other notices displayed on the content. You may not print, cache, store, reproduce, or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of TPF or the copyright holder identified in the relevant copyright notice. Except as expressly provided in these Terms of Service, nothing contained in these Terms of Service or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of TPF’s content or under any third party’s content. Any rights not expressly granted herein are hereby reserved.
- Site and Services Access; Security
You agree that you are solely responsible for all activities and usage occurring under your internet access account. You understand and agree that you are solely responsible for obtaining Internet access to the Site, and that the equipment and software necessary to access and use the Site and its Services, including but not limited to payment of any Internet service provider fees and telecommunication charges, is your responsibility. You fully understand that you should never provide your password(s) to anyone else and are responsible for maintaining the confidentiality of your password(s) used for the Services.
- User Responsibility
You agree that you are solely responsible for any information that you communicate, whether intentionally or not, to others. You fully understand that you should not use the Site for information you wish to discuss only with your health care provider. You are responsible for any use of the Site by your agents or dependents, and you agree to inform such agents or dependents of these Terms and Conditions and their obligations to comply with them. You may not assign the rights and obligations accruing to you under these Terms and Conditions without the prior written consent of TPF, and any attempted assignment not in compliance with this sentence shall be void.
- Links to Third Party Sites
TPF makes no warranties and disclaims any responsibility for the content, products, or services offered or provided by licensees and contained on the Site. The Site contains links to other Internet sites (“Third-Party Sites”) that are not owned or maintained by TPF. These Third-Party Sites and may also contain content provided by third parties. Links to Third-Party Sites do not imply approval of or endorsement by TPF of those sites or their content, and information provided by Third-Party Sites are included for your convenience only, and TPF makes no warranties or representations and disclaims any responsibilities for the content of and products or services offered by Third-Party Sites.
- Termination of Access; Discontinuation
TPF may limit your access to the Site at any time, without notice, and with or without cause. You agree that any termination of your access to the Site may be effected without prior notice. Further, you agree and acknowledge that TPF may bar any further access to the Site and/or the Services. TPF may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that TPF shall not be liable to you or to any third party for the discontinuation or termination of your access to the Services, or collection of information notwithstanding in the case of your violation of these Terms of Service, even if advised of a claim for damages. TPF reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Site and Services (or any part thereof) with or without notice. You agree that TPF will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Site and Services. You may cease using the Site and Services at any time. No notice to TPF is needed if you cease using the Services.
- Warranties and Disclosures
(a) THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON THE SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. TPF AND OTHER PARTIES THAT POST OR OTHERWISE PROVIDE INFORMATION, SERVICES OR MATERIAL ON THE SITE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES, WHETHER DIRECTLY OR INDIRECTLY, OF ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITE.
(b) YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AS SUCH, TPF ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE INFORMATION IN THE SITE. TPF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ACCURACY, COMPLETENESS OF AVAILABILITY OF CONTENT, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT, TO THE FULLEST EXTENT OF THE LAW.
- Limitations Of Liability; Indemnification
(a) YOU UNDERSTAND AND AGREE THAT TPF AND ITS DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS AND AFFILIATES, EITHER SINGLY OR TOGETHER, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, PERSONAL INJURY, MENTAL ANGUISH, EMOTIONAL DISTRESS, WRONTPFUL DEATH, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY.
(b) In addition, you will indemnify and hold harmless TPF, its trustees, officers, directors, agents, affiliates, and employees, against all actual and direct losses, liabilities, damages, claims, costs or expenses (including reasonable attorney’s fees) they may suffer as the result of third party claims, demands, actions, investigations, settlements or judgments against them arising from or in connection with any breach of these Terms of Service, or from any breaches of confidentiality or negligence or wrongful acts or omissions, by you or your dependents, or agents.
(c) The provisions of this Section entitled “Limitations of Liability; Indemnification” shall survive termination of these Terms of Service and termination of the Site.
- Applicable Laws; Arbitration; Venue; Limitation of Actions
These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to conflicts of law principles. You agree that any dispute, controversy or claim arising out of or related to these Terms of Service or your use of the Site will be solely and exclusively resolved and settled through arbitration administered by the American Arbitration Association and conducted in Louisville, Kentucky, United States of America. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. The prevailing party shall be entitled to costs and reasonable attorney’s fees arising out of such arbitration. You agree that any claim or cause of action arising out of your use of the Site, the Services or these Terms of Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. The provisions of this Section 14 shall survive termination of these Terms of Service, and termination of the Site.
(a) These Terms of Service constitute the entire agreement between you and TPF and govern your use of the Site and Services. This agreement supersedes any prior version of these Terms of Service and any agreements between you and TPF relating to the access and/or use of the Site and Services. No modification or attempted modification of these Terms of Service by you shall be binding on TPF.
(b) A waiver of any breach of any provision of these Terms of Service shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of these Terms of Service. The failure of TPF to exercise or enforce any right or provision of the Terms of Service shall not constitute a wavier of such right or provision.
(c) If any provision of the Terms of Service is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect.
(d) These Terms of Service are only between you and TPF, and are not for the benefit of any other person.
(e) You agree that regardless of any statute or law to the contrary, any claim arising out of or related to use of this Site or the Terms of Service must be brought to arbitration within one (1) year after such claim arose or be forever barred.
(f) The use of this Site is unauthorized in any jurisdiction that does not give effect to the Terms of Service contained herein.
(g) All rights not expressly granted herein are hereby reserved.
- Contact Information. If you have any questions or concerns with respect to this Agreement or our Site, you may contact a representative of TPF by e-mail at [email protected]
- Acceptable Use Policy.
(a) TPF takes intellectual property issues seriously and has a policy to respond to notices of alleged infringement that comply with applicable international intellectual property law (including the U.S. Digital Millennium Copyright Act) and to terminating the access rights of repeat infringers.
(b) You agree that you will not use the Site or the Services to post or otherwise provide any prohibited content, meaning any content that: (i) is inappropriate or offensive (such as inappropriate photographs); (ii) promotes racism, bigotry, hatred or physical harm of any kind; (iii) harasses or advocates harassment of another person; (iv) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming”; (v) is false, misleading or promotes, endorses or furthers illegal activities; (vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright, trademark, trade secret or other intellectual property law; (vii) is involved in the exploitation of minors, or solicits personal information from such persons; (viii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (ix) otherwise violates this Agreement or creates liability for TPF.
(c) TPF has the right (but not the obligation) to preview, review, screen, flag, filter, edit, refuse or remove any or all user-generated content either by itself, through third parties, or its community of users, for any reason whatsoever, and has no responsibility to convey any reason, explanation, or justification.
(d) You may find some content, including user-generated on the Site and viewed through the Services to be offensive or objectionable, and you use the Site and the Services at your sole risk with respect to such. You accept and agree that TPF has no liability or responsibility for any user-generated content.
- Infringement Policy.
(a) It is the policy of TPF to respond to clear notices of alleged copyright and trademark infringement. Regardless of whether TPF would be found to be liable for such copyright or trademark infringement under United States law or the law of the applicable country, we may respond to allegations of such infringement by removing or disabling access to content that is claimed to be infringing or by terminating particular users’ ability to access the Site and the Services. In the event we terminate access to the Site and/or Services, we will make a good-faith effort to contact the site or content owners or administrators in order to permit them to make a counter-notification. You expressly agree that, in the event you materially misrepresent that a particular material or activity is infringing your copyright or trademark, you will be liable for all damages incurred (including costs and attorneys’ fees) as a result of such misrepresentation. Accordingly, we suggest that you contact an attorney before notifying TPF of infringement.
(b) If you believe your copyright or trademark is being infringed on TPF’s website, please send us a written notice and include the following information:
i. An identification of the copyrighted or trademarked work you believe has been infringed;
ii. An identification of the allegedly infringing content within the work listed in item (i) above, and sufficient information to permit TPF to identify it on the website (including the web address (URL) of the particular web page you allege contains infringing material);
iii. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law;
iv. A statement by you that you swear and attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner’s behalf of an exclusive right that is allegedly infringed;
v. Your signature (in either physical or electronic format), along with your name, address, telephone number and, if available, e-mail address.
(c)Counter-Notice. While it is our policy to respond to clear notices of trademark and copyright infringement, if you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice. Such counter-notice must include the following information:
i. An identification of the work that was removed or disabled, and the location (such as a URL) and date of the website on which it would have been found prior to its removal;
ii. A statement by you that you swear and attest, under penalty of perjury, that you have a good faith belief that the search result and/or content was removed or disabled as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
iii. A statement that you consent either to the jurisdiction of (a) the Federal District Court for Louisville, Kentucky. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to TPF, or an agent of such person; and
iv. Your signature (in either electronic or physical form), along with your name, address, telephone number and, if available, email address.
(d) It is our policy to respond to all such notices we receive and to comply with the provisions of applicable law. TPF reserves the right, in its sole discretion, to remove any content that is alleged to infringe any copyright or trademark without prior notice and to terminate the access rights of any user who TPF has determined to be a repeat infringer.
(e) Please send all infringement notices and counter-notices to the following address:
The Pete Foundation, 2323 Lime Kiln Lane, Louisville, KY 40222.
Note: This address is provided exclusively for notifying us that your copyrighted or trademarked material may have been infringed. Inquiries regarding any other topics, such as technical support requests, reports concerning email abuse, and reports of instances of piracy, may not receive a response through this process.