TERMS & CONDITIONS

 

The following Terms and Conditions govern the use of this Life Rescue Foundation (“the Foundation" or “LRF”) Site and any other site owned or operated by Life Rescue Foundation that links to these Terms and Conditions (“the Foundation website” or “this Site”). By visiting this Site, you specifically and automatically agree to abide by these Terms and Conditions. The Life Rescue Foundation reserve the right to modify these Terms and Conditions at any time. You agree that neither Life Rescue Foundation nor any affiliate of the Foundation (collectively, “Affiliated Entities”) shall be liable to you or any third party for any modification, suspension, or discontinuance of this Site, in whole or in part, or of any service, content, feature, or product offered through this Site. Your continued use of the Site after such changes, including but not limited to any changes to these Terms and Conditions, will indicate your acceptance of such changes.

Use of Materials on this Site:

In keeping with the Life Rescue Foundation's goals and mission, virtually all of the materials posted on this Site, except for (a) images, and (b) materials that contain a copyright notice for a third party other than Life Rescue Foundation, are licensed to the public through the Creative Commons license. This allows users to download those materials from this Site (that are not specifically restricted) and to share them as long as

a) the particular article, section, audio, or video clip is reproduced in its entirety in its original form and is not edited or modified in any way.

b) all copies include attribution to the original author (if noted) and the Life Rescue Foundation.

c) the copies are distributed only for noncommercial purposes and are distributed at no charge.

Other than as specifically described in the preceding paragraph, you may not copy, reproduce, distribute, modify, display, republish, transmit, repost, or otherwise use the content on this Site without prior written permission from the Life Rescue Foundation. To request such permission, please contact us via available sources. The name “Life Rescue Foundation,” the swirl logo, and all related indicia are the trademarked properties of the Life Rescue Foundation, and in no event may they be reproduced separately from the textual content associated with them on this website. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of LRF’s trade names, trademarks, or service marks without our express prior written consent. All trademarks and service marks on the Site not owned by Life Rescue Foundation are the property of their respective owners. The trade names, trademarks, and service marks owned by Life Rescue Foundation, whether registered or unregistered, may not be used in connection with any product or service that is not ours.

Jurisdiction:

The Site is controlled and operated by the Life Rescue Foundation from India, and is not intended to subject the Foundation to the laws or jurisdiction of any state, country, or territory other than that of India. Life Rescue Foundation does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than India. Those who choose to access the Site do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules, and regulations. You are also subject to Indian export controls and are responsible for any violations of such controls, including any Indian embargoes or other government rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.

Information Submitted Through the Site:

Be aware that your decision to send personally identifiable information through your use of this Site will subject such information to the privacy laws and standards of India. Your submission of information through the Site is governed by Life Rescue Foundations' Privacy Policy, (the “Privacy Policy”). Your use of the Site is also subject to our Cookie Policy (the “Cookie Policy”). These Terms & Conditions are incorporated by reference to the terms and conditions of the Privacy Policy and Cookie Policy. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete, or incomplete, we may terminate your use of the Site and/or any of the services. Besides, Life Rescue Foundation and the Affiliated Entities have no control over and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information voluntarily made public through your profile, a forum, or any other part of the Site. If you choose to make any of your personally identifiable or other information publicly available on the Site, you do so at your own risk.

Rules of Conduct:

While using the Site you will comply with all applicable laws, rules, and regulations, and with our Community Guidelines. Besides, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the following rules of conduct.

You will not post, transmit, or otherwise make available, through or in connection with the Site:

  • anything that is or may be (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity, or any other proprietary right without the express prior consent of the owner of such right;

  • any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking”;

  • any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;

  • any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” or investment opportunity, or any other form of solicitation;

  • use the Site for any fraudulent or unlawful purpose;

  • use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity;

  • use the Site to harvest or collect personally identifiable information about other users of the Site;

  • impersonate any person or entity, including without limitation any representative of Life Rescue Foundation or an Affiliated Entity; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;

  • interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies, or regulations of such networks;

  • restrict or inhibit any other person from using the Site, including without limitation by hacking or defacing any portion of the Site;

  • use the Site to advertise or offer to sell or buy any goods or services without the Foundations’ express prior written consent;

  • reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;

  • modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site;

  • remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site;

  • frame or mirror any part of the Site without Life Rescue Foundations’s express prior written consent;

  • create a database by systematically downloading and storing Site content;

  • use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without Life Rescue Foundation’s express prior written consent.

Security:

The Life Rescue Foundations work to maintain the privacy of any personally identifiable information (name, mailing address, email address, etc.) that may be collected through our websites. Please note, however, that, though this Site has security measures in place, the Foundation does not represent, warrant, or guarantee that personal information will be protected against unauthorized access, loss, misuse, or alterations. Similarly, the Foundation disclaims liability for personal information submitted through this Site. Users are hereby advised that they submit such personal information at their own risk.

No Liability for Third-Party Content:

Site visitors may not post messages or make statements in connection with profiles and/or forums that are inaccurate, misleading, or deceptive. Life Rescue Foundation and the Affiliated Entities neither endorse nor are responsible for any opinion, advice, information, or statements made in Profiles and/or Forums by third parties. Without limitation, Life Rescue Foundation and the Affiliated Entities are not responsible for any information or materials made available through Profiles and/or forums (including without limitation errors or omissions in postings or links or images embedded in messages) or results obtained by using any such information or materials. Under no circumstances will Life Rescue Foundation, the Affiliated Entities, or their respective sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers, or members be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in Profiles and/or Forums reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of the Life Rescue Foundation.

Registration; Usernames and Passwords:

You may be required to register with Life Rescue Foundation to access certain Services or areas of the Site. Concerning any such registration, we may refuse to grant you, and you may not use, a username (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

Your username and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or username. You agree to immediately notify Life Rescue Foundation of any unauthorized use of your password or username or any other breach of security related to your account or the Site, and to ensure that you log off/ exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

Children:

Except as otherwise indicated, Life Rescue Foundation does not knowingly or intentionally collect personal information from children under age 18. The content of our website is directed at adults, and therefore this site is intended for use only by adults over the age of 18. If you are under the age of 18, please consult a parent or guardian for help in using this website.

License:

For purposes of clarity, you will retain ownership of any materials that you submit through the Site (each, a “Submission”). You hereby grant to Life Rescue Foundation, the Affiliated Entities, and their designees a worldwide, nonexclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you:

a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display, and publicly perform such Submission, in any media now known or hereafter developed, for Life Rescue Foundation’s and the Affiliated Entities' nonprofit purposes.

b) to sublicense the foregoing rights, through multiple tiers of distribution (i.e., viral media), to the maximum extent permitted by applicable law. Besides, if you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to this Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Life Rescue Foundation or the Affiliated Entities under any fiduciary or other obligation. For each Submission, you represent and warrant that you have all rights necessary for you to grant the license granted in this section and that such Submission, and your provision thereof, to and through the Site are complete and accurate and are not fraudulent, tortious, or otherwise in violation of any applicable laws, rules, or regulations, or any right of any third party. You further irrevocably waive any “moral rights” or other rights concerning attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

Monitoring:

You acknowledge and agree that;

a) we reserve the right (but have no obligation) to evaluate each Submission before allowing it to be posted on the Site or any forum;

b) we may do one or all of the following, at our discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party to operate the Site; to protect Life Rescue Foundation, the Affiliated Entities, and their respective sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement or for any other reason or purpose.

Links:

The Site may provide links to other web sites and online resources. Because Life Rescue Foundation has no control over such sites and resources, you acknowledge and agree that neither Life Rescue Foundation nor the Affiliated Entities are responsible for the availability of such external sites or resources, and neither LRF nor the Affiliated Entities endorse or are responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. Other websites may provide links to the Site with or without our authorization. You acknowledge and agree that Life Rescue Foundation and the Affiliated Entities do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products, or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

Rights:

Life Rescue Foundation shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.

Indemnity:

You agree to defend, indemnify and hold harmless Life Rescue Foundation and the Affiliated Entities and their respective sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers, and members from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of:

a) your use of, or activities in connection with, the Site;

b) any violation of this Agreement by you or anyone using your username and/or password.

Copyright:

If you are a copyright owner or an agent thereof and believe that any content posted by a user of this Site infringes upon your copyright, you may submit a notification to Life Rescue Foundation by providing our Copyright Agent with the following information in writing for further detail:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

  • information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;

  • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Life Rescue Foundation’s designated Copyright Agent has to receive notifications of claimed infringement. You acknowledge that if you fail to comply with all of the requirements of this Section, your notice may not be valid.

Counter-Notice. If you believe that your posting that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or according to the law, to post and use the content in your posting, you may send a counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;

  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;

  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the court and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Life Rescue Foundation may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Termination:

This Agreement is effective until terminated. Life Rescue Foundation, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if Life Rescue Foundation believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice and that Life Rescue Foundation may immediately deactivate or delete your password and user-name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Life Rescue Foundation and the Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Site or any such information or files, and shall not be required to make such information or files available to you after any such termination.

Miscellaneous:

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Life Rescue Foundation or any Affiliated Entities. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. Life Rescue Foundation may assign, transfer, or sublicense any or all of its rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire agreement between you and Life Rescue Foundation relating to the subject matter herein and supersedes all prior or contemporaneous written or oral agreements or understandings between you and Life Rescue Foundation relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in Life Rescue Foundation's discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Life Rescue Foundation will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Disclaimer of Warranties and Limitations of Liability:

THE SITE AND ANY MATERIALS OR SERVICES MADE AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ARE PROVIDED TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE (INCLUDING ANY THIRD-PARTY CONTENT SUBMITTED). OSF AND THE AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES CONCERNING THE SITE AND ANY PRODUCT, SERVICE (INCLUDING WITHOUT LIMITATION, THIRD-PARTY PRODUCTS, AND SERVICES) OR MATERIALS OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

NEITHER LIFE RESCUE FOUNDATION NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER LIFE RESCUE FOUNDATION NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY MATERIALS POSTED ON THE SITE BY LIFE RESCUE FOUNDATION OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF LIFE RESCUE FOUNDATION FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO LIFE RESCUE FOUNDATION TO ACCESS AND USE THE SITE.

BY USING THIS WEBSITE, YOU ACCEPT THESE TERMS.