This Terms and Conditions of Use Agreement (referred to herein as the “Agreement” or “Terms”) sets forth the terms and conditions that apply to your access and use of the internet web site owned and operated by Positive Influence Team, Inc., an Ohio not for profit corporation (referred to herein as “we”, “PIT” or the “Company”) and located at www.positiveinfluenceteam.org (the “Site”). By accessing and using the Site, you agree to be bound by this Agreement and the Company’s Privacy Policy, as they may be amended from time to time. Be sure to check this page periodically for updates, as your continued use of the Site constitutes your acceptance of any amendments hereto.
1. ACCEPTANCE OF TERMS
By using the tools, features and information provided on the Site (collectively the “Services”), you agree to be bound by these Terms, whether you are a student, a candidate, a PIT employee or volunteer, or a visitor to the site. A student shall be anyone currently enrolled in the PIT program. A candidate shall be anyone who has submitted an application to be considered as a PIT finalist. A PIT employee shall be anyone employed by PIT. A PIT volunteer shall be anyone who provides volunteer services to PIT, including but not limited to Directors, mentors and Selection Committee members. Anyone who merely browses the Site shall be considered a visitor. As used herein, the terms “you” and “user” shall refer to students, candidates, PIT employees, PIT volunteers, and visitors to the Site.
You may not use the Services nor accept these Terms if you are not of legal age to form a binding contract with the Company. By accepting these Terms, you represent that you have the capacity to be bound by this Agreement, or, if acting on behalf of a separate legal entity, that you have the authority to bind such entity.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, members, managers, officers, directors, suppliers, partners, sponsors, and advertisers, and includes, without limitation, all parties involved in creating, producing, and/or delivering the Site and the Services.
We reserve the right to modify these Terms from time to time and with or without notice. You acknowledge and agree that it is your responsibility to periodically review the Site and these Terms. Your continued use of the Site and the Services after any such modifications will constitute acknowledgement and acceptance of the modified Terms.
BY USING THIS SITE AND THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, THE SERVICES, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THE SERVICES.
2. SERVICES
The Company provides a number of services for users on the Site, including but not limited to the ability to register for PIT classes and events, submit assignments, apply to be a PIT finalist, access resources and sponsor information, donate to PIT, volunteer for PIT, and connect with previous PIT participants. Although the Company works hard to provide quality Services, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or the Services. Further, you understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or services that we may use to provide you with the Services. You agree that the Services available on this Site are provided “as is”, “where is”, “as available”, and “with all faults” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to receive, process or store any content, user communications or personalization settings. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY OF CONTENT, SYSTEM INTEGRATION, OR NON-INFRINGEMENT. We assume no responsibility for any data loss or other loss suffered by any user. You are fully responsible for maintaining your computer equipment and internet access to use the Site.
3. REGISTRATION AND USER ACCOUNTS
While visitors do not need to register for an account in order to browse the Site, all students, candidates, volunteers and employees are required to register for an account in order to use the Services. It is the responsibility of such a user to ensure that his/her registration information is kept up to date. Users registering for Services agree to provide true and accurate information during the registration process. The Company reserves the right to terminate the access of any user should it know or have reasonable grounds to suspect that a user has entered false or misleading information during the registration process.
Upon registering for an account, each user will receive a username and password. A user is solely responsible for maintaining the confidentiality of his/her username and password. Each user acknowledges and agrees that he or she, and not PIT, is responsible for his or her account and all activities occurring in connection with the use of that account, whether or not the user has authorized such activities, and further agrees to immediately notify the Company at info@positiveinfluenceteam.org should he or she know, or have reasonable grounds to suspect, that his or her username and password have been compromised.
All registered users must be of legal age to register. Children under the age of 18 shall not be permitted to register unless under the strict supervision of a legal guardian. The Company reserves the right to require proof of legal age. The Company shall not be responsible for a user’s failure to abide by the provisions of this Section 3.
4. PAYMENT
Use of the Site is free. However, users may choose to use the Site to register for PIT classes or events. The payment of all registration fees for classes or events are processed through Event Brite, and users utilizing this service are subject to Event Brite’s terms and conditions of use. Users are solely responsible for payment of any registration fees, any fees incurred, and any associated taxes.
5. CONTENT
By using the Site and the Services, you understand and acknowledge that all information, data, text, software, music, sound, photographs, images, video, comments, responses, messages or other materials communicated or transmitted using the Site or the Services (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You are fully responsible for any and all Content that you upload, post, e-mail, transmit, or otherwise make available using the Services or that is otherwise made available through the use of your account, whether or not authorized by you. Under no circumstances shall the Company be held liable for any errors or omissions in any Content transmitted by users.
The Company does not and cannot control the Content users transmit through the Site, and does not guarantee the accuracy, integrity or quality of Content. By using the Site and the Services, it is possible that you may be exposed to Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Under no circumstances shall the Company be held liable for any such Content. While the Company is not obligated to do so, it may review all Content and may block, modify, terminate access to, or remove any Content that the Company determines, in its sole discretion, does not comply with the requirements of these Terms. The Company reserves the right to purge Content from its databases at any time and from time to time without notice. It is the sole responsibility of each user to back up any Content uploaded to the Site by the user or received by the user through the use of the Services. PIT is not liable for any such purging, deletion or failure to retain any such Content. The Company may disable a user’s account and access to the Site and/or the Services, and may recover from a user any losses, damages, costs or expenses incurred by it, and resulting from or arising out of such user’s non-compliance with these Terms.
6. USER CONDUCT
By using the Site and the Services, you agree not to use the Site to:
Upload, post, or transmit any Content that is unlawful, threatening to another person or entity, defamatory, vulgar, obscene, libelous, or that invades the privacy of another or is otherwise objectionable;
Harm minors, send materials to minors unless he/she is permitted to do so under all applicable laws, or send materials to minors that would subject the Company to the Children’s Online Privacy and Protection Act;
Collect personal information of a user, “cyberstalk” or harass another user, or engage in conduct that negatively affects the online experience of another user;
Impersonate another user, person or entity, including any official or employee of the Company;
Intentionally or unintentionally violate any local, state or federal law, including but not limited to violations of the Copyright Act, the CAN-SPAM Act of 2003, and rules and regulations promulgated by the U.S. Securities and Exchange Commission;
Upload, post or transmit any software or files that contain software viruses or other harmful computer code;
Interfere with the operation of the Company’s web servers or other computers, internet or network connections;
Upload, post or transmit any Content that is the copyrighted, patented, or trademarked intellectual property of another, or the trade secret of or confidential information of another;
Upload, post or transmit any unsolicited or unauthorized advertising, including “spam” or “junk mail”;
Engage in excessive usage of the Site, as determined by the Company in its sole discretion, including usage that adversely affects the speed, responsiveness or functionality of the Site, or disrupts the availability of the Site and the Services for other users;
Attempt to damage, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Site or the Services in any manner;
Upload links to message boards or newsgroups that are not relevant to the subject matter of the event, or that prohibit such uploading, without the Company’s prior written consent; or
Use the Site to collect, process or otherwise handle “Protected Health Information” (as defined in 45 C.F.R. §160.103) without the Company’s prior written consent.
The Company does not pre-screen uploaded, posted or transmitted Content, but it does reserve the right to inspect, edit and delete any Content that it knows, or has reason to know, has violated these Terms. The Company reserves the right to alter, edit or remove such Content, or it may immediately, and without notice, terminate the account of any user found to have violated these Terms. The Company may disclose any Content users post, upload or transmit to the Site if such disclosure is necessary to enforce these Terms, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of the Company, the public, or other users.
7. INDEMNITY
You agree to indemnify and hold the Company, its subsidiaries, affiliates, directors, officers, employees and agents harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Content that you submit, post, transmit, or make available through the Services, your use of the Services, the use of the Services by a third party using your account (whether or not authorized you), your connection to the Services, your violation of these Terms, or your violation of any rights of another or applicable law.
8. NO RESALE
You shall not reproduce, copy, duplicate, or sell any portion of the Site.
9. LIMITS AND MODIFICATIONS
The Company may establish, without notice, limits on the use of the Site, including the maximum number of times you access the Site or post to or participate in the Services. If you engage in excessive usage of the Site or the Services, as prohibited by Section 6(J) above, the Company may take such action as it considers necessary to prevent such excessive usage and to restore the availability of the Site and the Services to other users. Such actions may include limiting or suspending your access to the Site and the Services, cancelling your account and terminating this Agreement, or any other means deemed necessary by the Company.
The Company further reserves the right to modify, suspend or discontinue, temporarily or permanently, any and all portions of the Site and the Services and your access thereto without notice. Under no circumstances shall the Company be liable to a user or any third party for such limits or modifications identified in this Section 9.
10. TERMINATION
These Terms shall automatically become effective upon your first use of the Site or the Services and shall continue indefinitely until they are terminated. If you have an account on the Site, the Company may, in its sole discretion, terminate that account for any reason, and shall not be held liable to you or any third party for such termination. Upon termination of this Agreement for any reason you shall immediately cease all use of the Site and the Services. You acknowledge and agree that the Company may, in its sole discretion, take any measures it reasonably deems necessary or desirable to prevent your further use of the Site or the Services, including blocking your IP address. Upon termination of this Agreement, the Company shall not be obligated to retain any of your Content or to provide the same to you, but may elect to do so in its sole discretion. You shall not be entitled to a refund of any funds paid in the event this Agreement is terminated.
Notwithstanding the foregoing, the following shall survive termination of this Agreement for any reason:
All of user’s representations, warranties and indemnities given hereunder;
All disclaimers of warranties, limitations and exclusions of liability; and
The following specific provisions of this Agreement:(1) The Company shall not be liable for any purging, deletion or failure to retain any Content (Section 5)
(2) Indemnity (Section 7)
(3) Termination (Section 10)
(4) Intellectual Property Rights (Section 13)
(5) Limitations of Liability (Section 15)
11. THIRD PARTY SPONSORS
The Company may allow third party sponsors to advertise on the Site. The Company takes no responsibility for your dealings with, including any online or other purchases from, any third party sponsors. The Company shall not be liable for any loss or damage you may incur in your dealings with third party sponsors.
12. HYPERLINK POLICY
The Site contains hyperlinks to other internet sites not under the editorial control of the Company. The inclusion of such links is provided merely as a convenience to you and does not imply the Company’s endorsement of, or association with, the site or the party, or any warranty of any kind, either express or implied.
13. INTELLECTUAL PROPERTY
The Site, the Services and all information and screens appearing on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of PIT, or its third party licensors (“Intellectual Property”). Except as otherwise required or limited by applicable law, you shall not distribute, license or create derivative works from any such Intellectual Property without the express written consent of the Company. The Company reserves all rights in the Site and the Services that are not expressly granted. PIT and Positive Influence Team are trademarks of Positive Influence Team, Inc. in the United States. Other trademarks, names, and logos on this Site are the property of their respective owners. Nothing in these Terms shall be deemed to assign or transfer to you any rights to any such Intellectual Property. You acknowledge and agree that Content made available to you through the Services may be subject to the intellectual property rights of third parties.
In the event the Company is notified of Content on the Site which is alleged to infringe on the copyright or trademark rights of another, it may decide to remove or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”). The Company may also make a good faith attempt to contact the user who submitted the affected Content so that a counter-notification can be made to the infringement claim. If you believe that a copyright has been infringed upon by Content provided on this Site, you (or the owner or rights holder, collectively the “Rights Holder”) should send notification to the Company at info@positiveinfluenceteam.org immediately. Prior to sending notice to the Company, the Rights Holder may wish to consult a lawyer to determine his/her rights and legal obligations under the DMCA and any other applicable laws. Nothing here or on the Site is intended as a substitute for qualified legal advice. If a Rights Holder wishes to provide the Company with notice of potentially infringing Content, he/she should send the following information to the Company at info@positiveinfluenceteam.org:
Reasonably sufficient details about the nature of the copyrighted work in question, including title, author, any U.S. copyright registration number, URL, etc.;
Reasonably sufficient details to enable the Company to identify and locate the material that is allegedly infringing the Rights Holder’s work (for example, the file name or URL of the page(s) that contain the material in question);
The Rights Holder’s contact information;
A statement that the Rights Holder has a good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
The Rights Holder’s electronic signature.
If you have had Content which you posted to the Site taken down based on an infringement claim, you may file a counter-notification that contains the following details:
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement, under penalty of perjury, that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the material in question;
Your contact information;
A statement that you consent to the jurisdiction of the Federal District Court for the Southern District of Ohio, and that you will accept service of process from the person who provided the notification in compliance with §512(c)(1)(C) of the DMCA, or an agent of such person; and
Your electronic signature.
Subject to our Privacy Policy, any Content you transmit through this Site, whether by e-mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retail all rights to such Content which you transmit and the Company does not claim ownership of any such Content, you grant the Company, including its employees and Affiliates, a non-exclusive, royalty free, perpetual and worldwide license to use, copy, distribute, reproduce, publish, translate, adapt, modify, and publicly display any Content submitted to the Site for any purpose whatsoever, regardless of the form or medium in which it is used. This license exists only so long as you allow the Content to remain on the Site and will terminate in the event that you remove it.
14. NO WARRANTIES
THE INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND ALL WARRANTEIS, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTEIS OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPTUER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY OF CONTENT, SYSTEM INTEGRATION AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, AND SERVICES CONTAINED IN OR AVAILABLE THROUGH THE SITE OR THE SERVICES, INCLUDING INFORMATION, SOFTWARE, AND SERVICES MADE AVAILABLE BY OTHER USERS OF THE SITE OR THE SERVICES, MAY INCLUDE INACCURACIES OR ERRORS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU, AND NOT THE COMPANY, ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, RELIABILITY, COMPLETENESS, AND USEFULNESS OF ANY INFORMATION OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY OR LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS OF THE SITE OR THE SERVICES, OR THE ACCURACY OF SUCH INFORMATION, SOFTWARE AND SERVICES.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE OF DATA, OR COSTS OF COVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES ARISING OUT OF:
THE USE OR PERFORMANCE OF, THE DELAY IN PROVIDING, THE FAILURE TO PROVIDE, OR THE INABILITY TO USE THE SITE OR THE SERVICES, OR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES CONTAINED IN OR AVAILABLE THROUGH THE SITE;
THE SERVICES, INCLUDING INFORMATION, SOFTWARE, PRODUCTS AND SERVICE MADE AVAILABLE BY OTHER USERS OF THE SITE OR THE SERVICES;
UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR THE SERVICES OR IN RELIANCE UPON ANY INFORMATION OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES;
ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF A THIRD PARTY’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OR
ANY CONTENT SENT USING OR INCLUDED IN THE SITE OR THE SERVICES BY ANY THIRD PARTY.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USING THE SITE AND THE SERVICES. THE COMPANY IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, OR INCIDENTAL LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT THE COMPANY, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS IS FOUND TO BE LIABLE TO YOU FOR ANY AMOUNTS UNDER THIS AGREEMENT BASED ON ANY THEORY OF RECOVERY, THE COMPANY’S MAXIMUM LIABILITY IN RESPECT OF SUCH AMOUNTS SHALL NOT EXCEED THE LESSER OF THE AMOUNT YOU PAID FOR THE INFORMATION YOU RECEIVED (IF ANY) FROM THE SITE AND THE SERVICES, AND $100.00. YOU FURTHER AGREE TO BRING ALL ACTIONS WITHIN ONE (1) YEAR OF THE DATE OF THE ACCRUAL OF THE CAUSE OF ACTION, AND THAT ACTIONS BROUGHT AFTER THAT DATE WILL BE BARRED. YOU ACKNOWLEDGE AND AGREE THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE COMPANY WOULD NOT BE ABLE TO OFFER THE SITE OR THE SERVICES, AND THAT SUCH EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY, EVEN IF THEY WOULD CAUSE YOUR REMEDIES UNDER THESE TERMS TO FAIL OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENCIAL DAMAGES, SOME OF THE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
16. PRIVACY AND PERSONAL INFORMATION
For information about the Company’s privacy practices and use of any personal information which you provide, please see the Company’s Privacy Policy which is hereby incorporated into these Terms by reference. The Privacy Policy may be updated from time to time at the Company’s discretion, and you are encouraged to check it periodically for any changes. Any amendments to the Privacy Policy will become effective as of the date and time they are posted to the Site.
Any information submitted or provided by you when accessing or participating in the Services may be publicly accessible. You should take care to protect private information or information that is important to you. The Company is not responsible for protecting such information and is not liable for the privacy protection of e-mail or other information transferred through the internet or any other network that you may use. If you decide to disclose personally identifiable information while using the Site or the Services, please be aware that this information may become public. The Company does not control and shall not be responsible for the acts of you or any other users of the Site or the Services.
17. NOTICES
Notices may be posted to the Site or e-mailed to users by using the e-mail address provided during the registration process. Any such notices shall be deemed properly given on the date when posted on the Site or sent by e-mail or postal mail to a user’s address last recorded by the Company. A user may give notice to the Company by e-mail to info@positiveinfluenceteam.org.
18. GENERAL
You acknowledge and agree that you, and not the Company, are responsible for determining which laws may apply to your use of the Site and the Services and assessing your obligations under such laws.
This Agreement comprises the entire agreement between you and the Company relating to the Site and the Services.
The use of the terms “includes” and “including”, and similar terms, shall be deemed not to limit what else might be included.
You may not assign this Agreement without the Company’s prior written consent, which may be given or withheld in the Company’s sole discretion. The Company may assign this Agreement at any time without notice to you.
This Agreement shall be governed by the laws of the State of Ohio, without reference to its conflicts of law rules, and the parties hereby submit to the exclusive jurisdiction and venue of the courts of the State of Ohio. In any dispute arising out of this Agreement, the substantially prevailing party shall be entitled to payment of its reasonable attorney’s fees and costs.
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions of this Agreement shall remain in full force and effect.