Welcome to the SAY AH! Internet website, operated by SAY AH!, Inc. (“SAY AH!” or “we” or “us”). This Terms of Use Agreement (“Terms of Use” or “Agreement”) sets forth the legally binding terms and conditions for your use of the website at www.justsayah.org and/or www.say-ah.org (including all data, contents, and computer code contained on this site, the “Site”) and the Services (as defined below) provided by SAY AH! on the Site. Please carefully read the terms and conditions set forth below before using the Site and Services that we provide.
By using the site in any manner, including by browsing, REGISTERING AND LOGGING INTO the Site, you aCKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND Agree to BE BOUND BY THESE TERMS OF USE AND all of the terms, CONDITIONS AND POLICIES REFERENCED HEREIN, AND THAT YOU WILL PERIODICALLY CHECK THE POLICIES ON THE SITE FOR ANY UPDATES TO THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR BROWSE THE SITE OR USE THE SERVICES.
1. Access. You agree that SAY AH! shall have the right to control the terms of all access to and use of the Site and all Goods, Services, and materials contained therein that are transmitted through the Site. Except as expressly stated otherwise in writing, you are responsible for all payments and taxes associated with your use of the Site and the Services. SAY AH! reserves the right to revise or alter the Site, the Services or our policies, including these Terms of Use at any time, and SAY AH! will post the amended Services, policies or Terms of Use on the Site and notify you of the posting through an announcement on the Site’s home page, by email, or by other means that SAY AH! deems to be appropriate. Your continued use of our Site and our Services after such notification will constitute your consent to such changes. SAY AH! reserves the right to cease offering the Site or the Services at any time.
2. This Site Does Not Provide Medical Advice. The contents of the Site, including any information, suggestions, tips, and other text, graphics, images, information obtained from third parties, and any other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be, or be a substitute for, professional medical advice, diagnosis, or treatment. You should always seek the advice of your doctor or other qualified health provider with any questions you may have regarding a medical condition, treatment options, insurance coverage or other medical advice or information. Under no circumstances should you disregard professional medical advice or delay in seeking it because of something you may have read on the Site. In case of a medical emergency, please call your doctor or 911 for assistance. Please do not contact us for the same, since we are not equipped to assist you in this regard.
3. Intellectual Property Ownership: As between you and SAY AH!, you agree that the Site and its contents are SAY AH!’s property, and that SAY AH! retains all rights and title to them, including all copyrights, patents, trademarks, trade secrets and all other intellectual property rights in the same. No rights to the Site are granted to you and you agree that you shall not acquire any ownership or intellectual property rights in or to the Site or other property owned by SAY AH! as a result of your use of the Site or the Services.
a. Permissible Uses. You may view the content on the Site on your computer or other internet compatible device, and make single copies or prints of the content on the Site for your personal, non-commercial use only. The Site and the services offered on or through the Site, including any content and materials thereon, are only for your personal, non-commercial use. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of SAY AH! or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. SAY AH! will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
b. Copyright. The Site, its contents, and all materials contained therein are protected by copyright: Copyright © 2012 SAY AH!, Inc. All rights reserved.
c. Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of SAY AH! and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by SAY AH! that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of SAY AH! or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. SAY AH! will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
4. User Information. In the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). If you choose to provide personal information to SAY AH!, you hereby consent to the collection, processing and use of your personal information and to receiving communications from SAY AH! and SAY AH’s affiliates and partners, in accordance with the terms of SAY AH!’s Privacy Policy. You also consent to SAY AH! sharing your personal information with third parties as necessary to process transactions using the Site or the Services and as otherwise described in the Privacy Policy. If you choose to create a unique username and password for your access to the Site, you are responsible for maintaining the confidentiality of the password and your account. You may only use your account, and you may not transfer your account to another User. You are fully responsible for all activities that occur under your username, and you agree to notify SAY AH! immediately of any unauthorized use of your account. You also agree that SAY AH! will not be liable for any loss or damage arising from your failure to keep your password secure.
4. Unsolicited Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material, including any confidential medical information, from you through the Site, by e-mail or in any other way. Any information, creative works, demonstrations, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site’s Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
5. User Conduct. As a condition of your use of the Site, you agree to comply with all laws applicable to you and your use of the Site and the Services. You acknowledge that your User Content is subject to SAY AH!’s approval and may be removed by SAY AH! in its sole discretion. You also agree to comply at all times with SAY AH!’s policies that apply to you, including its Privacy Policy, and other policies that may be posted on the Site or otherwise provided to you by SAY AH!. Such policies are incorporated by reference into this Agreement.
Proper usage of the Site and the Services does not include, and you agree not to do any of the following: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); or (c) attempt to gain unauthorized access to other computer systems through the Site.
In addition, you may not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; or (iv) use the Site or the Site’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
SAY AH! may, from time to time, make messaging service, chat service, bulletin board, other forums and the like available on the Site. In addition to any other rules or regulations that we may post in connection with a messaging service, chat service, bulletin board or other forum on the Site or offered through a service on the Site, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site or any service offered on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact.
This list is not definitive or complete but is intended to demonstrate some of the prohibited uses.
You alone are responsible for the content and consequences of any of your activities. SAY AH! reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Site or through the Site’s services by users, and SAY AH! is not responsible for any such materials posted by users. SAY AH! reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in SAY AH!’s sole discretion are objectionable or in violation of this Terms of Use, SAY AH!’s policies or applicable law.
6. User Indemnification: You agree to defend, indemnify and hold SAY AH! and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions. SAY AH! reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with SAY AH!’s defense of such claim.
7. Third Party Web Sites. You may be able to link from the Site to third party Web sites (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advice, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such web sites or the information, content, products, services, advice, advertising, code or other materials presented on or through such web sites.
The inclusion of any link to such sites on our Site does not imply SAY AH!’s endorsement, sponsorship, or recommendation of that site. SAY AH! disclaims any liability for links (1) from another web site to this Site and (2) to another web site from this Site. SAY AH! cannot guarantee the standards of any web site to which links are provided on this Site nor shall SAY AH! be held responsible for the contents of such non-SAY AH! sites, or any subsequent links. For this reason, SAY AH! does not represent or warrant that the contents of any third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, SAY AH! is not responsible for web casting or any other form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
8. Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to SAY AH!’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your
- Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Copyright Agent:
SAY AH!, Inc.
450 W. 24 Street, Suite 9E, New York, NY 10011
voice: 1-866-355-0646
e-mail: info@say-ah.org
9. Disclaimer of Warranties. The Site, including, without limitation, all services, content, functions and materials, is provided “AS IS,” “AS AVAILABLE”, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. We do not warrant that the site or the services, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on the site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the site.
We make no warranty that the site will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from us or through the site shall create any warranty not expressly made herein. No advice, information, suggestions, opinions or other materials contained in the site shall be deemed to be, or be a substitute for, medical advice, diagnosis or treatment. Say ah! Also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.
10. Limitation of liability. You agree that you are solely responsible for compliance with all applicable laws and regulations that may apply to you, your business, your Goods or your postings, including all applicable intellectual property, privacy and data protection and security laws and regulations. SAY AH! reserves the right to remove any Postings or User Content which we consider in our absolute discretion to be offensive or otherwise in breach of these Terms of Use or general community standards and notions of decency.
In no event shall SAY AH! or its affiliates be liable to you or any other person for any direct, special, indirect, consequential, lost profit, exemplary or punitive damages, wrongful death, or any damages whatsoever, arising from, or directly or indirectly related to, the use of, or the inability to use, the Site or the content, materials, advice, information and functions related thereto, or your provision of information via the Site, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the site. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the site exceed, in the aggregate, $100 (one hundred dollars).
12. Termination. You agree that SAY AH! may immediately terminate, change, suspend or discontinue any aspect of the Site or the Site’s service at any time. SAY AH! may restrict, suspend or terminate your access to all or any part of the Site at any time with or without cause upon written notice to you. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of applicable laws, the terms of this Agreement, or other incorporated policies, (b) your use of illegal, obscene or objectionable conduct, User Content, or repeated complaints from other Users regarding your conduct, or User Content, or (c) your violation of any person’s rights, including intellectual property rights.
13. Changes to Terms of Use. SAY AH! reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Terms of Use, in whole or in part, at any time. Changes in this Terms of Use will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to this Terms of Use are posted will be considered acceptance of those changes.
14. Governing Law and Dispute Resolution. This Agreement shall be construed and interpreted in accordance with the laws of the State of New York, without regard to conflicts of laws principles. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of New York, County of New York. The parties consent to the jurisdiction of any such court and waive any objection they may have in any action before such courts based on lack of personal jurisdiction, improper venue or inconvenient forum.
Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction 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 and Conditions remain in full force and effect.
15. General. The provisions of this Agreement are severable. If any part of this Agreement is found to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision. This Agreement, including the policies incorporated by reference herein, is the entire agreement between you and SAY AH! and supersedes any other oral or written communications, agreements or representations with respect to the subject matter contained herein.
16. Disclosure. The Site and Services hereunder are offered by SAY AH! Inc., located at 450 West 24th Street, Suite 9E, New York, NY 10011 (“SAY AH!”).
Effective Date of Terms of Use: September 1, 2012