Legal Policies & Terms of Service

Terms of Service, Notices, and Revisions

If you choose to visit mariagruber.org, your visit and any dispute over privacy is subject to this Policy and our Terms of Service, including limitations on damages, arbitration of disputes, and application of the law of the state of California. If you have any concern about privacy at TheMariaGruberFoundation.org, please contact us with a thorough description, and we will try to resolve it.

Our foundation changes constantly, and our Privacy Policy and the Terms of Service will change also. Unless stated otherwise, our current that appears on our Website Privacy Policy applies to all information that we have about you. Notice of changes to our policy will appear solely on our Website; no notice will be sent to you. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of visitor information collected in the past without the consent of affected visitors.

Usage Agreement/Terms of Use

The Website MariaGruber.org, (the “Website”), is a complimentary information and interactive community service offered by The Maria Gruber Foundation (“TMGF”) at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. TMGF reserves the right to change these terms and conditions at any time, without notice to you, and you must consult the most recent version of this User Agreement (not an older cached version) each time you view the Websites. Use of these Websites constitutes your acceptance of all of the following terms and conditions, in their current form or as modified.

Description of Service

TMGF currently provides users access to an extensive amount of resources, including, but not limited to, public forums, health and medical content, and educational material, (the “Service”). TMGF assumes no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by you.

Privacy

Please review our Privacy Policy, incorporated herein by reference, which also governs your visit to the Websites, to understand our practices. Your use of the Websites constitutes your express agreement to be bound by the terms of this Privacy Policy.

AGE REQUIREMENTS

Use of the Websites by individuals under the age of 13 is prohibited. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand and agree to the terms and conditions in this User Agreement. If you are a parent or guardian of a child under 13 years of age, do not permit your child to use the Websites. Children under the age of 13 are hereby expressly forbidden from using the Websites.

Registered User Account, Password, and Security

As an option, users may register and create a personal account profile to provide more personalized information. Users are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under their account. TMGF does not retain liability or responsibility for such use.

General Practices Regarding Use and Storage

Users acknowledge that TMGF may establish general practices and limits concerning use of TMGF Website, including without limitation the maximum number of days that email messages, message board postings or other uploaded content is retained by the Website. You acknowledge that TMGF has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the TMGF Websites’ servers. You acknowledge TMGF has the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TMGF reserves the right to change these general practices at any time with or without notice.

Electronic Communications

When you visit the Websites or send e-mails to TMGF, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Registered User Conduct

You understand that all information, data, text, photographs, graphics, messages, or other materials (“Content”) publicly posted is the sole responsibility of the person from which such content originated. This means that you, and not TMGF, bear all risks and liabilities for all Content that you upload, post, email, transmit or otherwise make available via the service. You agree to not use the service to:

upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. (Posting the same note more than once can be considered “spam” or “spamming”);

upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, control, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

impersonate any person or entity, including, but not limited to, an TMGF official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

intentionally or unintentionally violate any applicable local, state, national or international law;

“stalk” or otherwise harass another; or

harvest or otherwise collect or store personal data about other users.

You acknowledge that TMGF and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, edit, or delete any Content that is available via the Service. TMGF and its designees shall have the right to remove any Content regardless of whether such communication(s) violate the User Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that TMGF may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TMGF, its users and the public.

User Submissions

By submitting communications or content to any part of the Websites where such content would be viewable by the public (e.g. posting on a public forum/bulletin board or Frontline Stories or other public communication), you agree that such submissions are non-confidential for all purposes. Any submission to the Website will be deemed and remain the property of TMGF. You grant – or warrant that the owner of such content has expressly granted TMGF a non-exclusive, fully-paid up and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sub-licensees) to use, copy, modify, adapt, translate, make derivative works, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the Websites’ servers after you have removed the Content from the Services, and TMGF retains the rights to those copies.

Copyright

All content included on the Websites and Web servers such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, HTML code, scripting software (e.g. javascript) and other software, is the property of TMGF or its content suppliers and is protected by United States and international copyright laws. They may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without TMGF’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard-drive cache as are necessary to browse the Websites, and the user may make one permanent printout of each page of the Websites to be used by the user for personal and noncommercial uses.

The compilation of all content on this site is the exclusive property of TMGF and protected by U.S. and international copyright laws. All software used on this site is the property of TMGF or its software suppliers and is protected by United States and international copyright laws.

License and Site Access

TMGF grants you a limited license to access and make personal use of these Websites and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TMGF.

This license will not include any resale or commercial use of the Websites or its contents; any derivative use of the Websites or its contents; or any use of data mining, robots, or similar data gathering and extraction tools, with the exception of legitimate search engines which may crawl the Websites but are limited by our Robot Exclusion Policy (found in our robot.txt file).

The Websites or any portion of the Websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. The Websites or any portion of the Websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any non-commercial purpose without express written consent of TMGF. Please see our Content Usage Policy for information on how to obtain TMGF’s written consent.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website. Please see our Linking Policy for further information.

You may not use any meta tags or any other “hidden text” utilizing TMGF’s name or trademarks without the express written consent of TMGF. Any unauthorized use terminates the permission or license granted by TMGF.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page the Websites so long as the link does not portray TMGF, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. Therefore, the linking should not (a) suggest that TMGF promotes or endorses any third party’s causes, ideas, political campaigns, Websites, products or services, nor (b) use the TMGF copyrighted information without the express written consent of TMGF, nor (c) use TMGF content for commercial or fundraising purposes.

Modifications to the Service

TMGF reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TMGF shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Termination

You agree that TMGF, in its sole discretion, may terminate your password, account (or any part thereof) or use of this Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if TMGF believes that you have violated or acted inconsistently with the letter or spirit of this User Agreement. You agree that any termination of your access may be effected without prior notice, and acknowledge and agree that TMGF may immediately deactivate or delete your account and all related information and files in your account and/or bar further access to such files or the service. Further, you agree that TMGF shall not be liable to you or any third-party for any termination of your access to the Service.

Information Disclaimer

You acknowledge that the information on the Websites is provided “as is” for general information only. It is not intended as medical advice, mental health advice, or other counseling, and should not be relied upon as a substitute for consultations with qualified professionals who are familiar with your individual needs.

Disclaimer of Warranty

TMGF makes no warranties of any kind regarding the Websites, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.

Limitation of Liability

You agree that you will hold harmless TMGF and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, the Websites or the information contained in the Websites or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from the Websites or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will TMGF or the contributors of information to the Websites be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Endorsements

You acknowledge that the opinions and recommendations contained in the Websites are not necessarily those of the TMGF or endorsed by TMGF. TMGF may provide links on the Websites to other websites that are not under the control of TMGF. These links are provided for convenience of reference only and are not intended as an endorsement by TMGF of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

Jurisdiction

These Websites (excluding linked sites) are controlled by TMGF, which is headquartered in the State of California , United States of America . It can be accessed from all 50 states, as well as from other countries around the world. As each of these places may have laws that differ from those of California, by accessing these Websites both you and TMGF agree that the statutes and laws of the State of California, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of these Websites. You and the TMGF also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County, California, and the United States District Court for the Central District, Western Division, of California with respect to such matters. TMGF makes no representation that materials on these Websites are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access these Websites from other locations do so on their own initiative and are responsible for compliance with local laws.

Content Usage Policy

Unless otherwise indicated, all information contained on TheMariaGruberFoundation.org, (the “Website”) – such as text, graphics, logos, button icons, images, and audio clips – is copyrighted by and proprietary to the Maria Gruber Foundation (“TMGF”), and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without TMGF’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard-drive cache as are necessary to browse the Websites, and the user may make one permanent printout of each page of the Websites to be used by the user for personal and noncommercial uses.

To obtain permission to use or copy TMGF-copyrighted materials (audio, text, graphics, images, artwork) from TMGF’s Websites, please e-mail your request to info@TheMariaGruberFoundation.org (Attention: “Reprints”).

Please provide the following in your request:

Information about the exact TMGF material you propose to use or copy, including the title of the document, section titles, and copyright dates;
If you would like to use information from the Websites, include the Web address (URL) and, if possible, attach a copy of the specific information you wish to use;
An explanation of how the TMGF information will be used and/or distributed and whether reprinted materials will be sold;

A description of the nature of your organization or business (for-profit, not-for-profit, etc.);
Contact information, including your fax number, e-mail address, and mailing address.
It is the policy of the TMGF to allow the reproduction of TMGF copyrighted works only for educational, non-commercial uses. TMGF may in its sole and exclusive discretion grant permission to use portions of its materials if the material will be reproduced for educational purposes. Commercial or for-profit uses are prohibited. Permission will not be granted to use any material that has been discontinued or that is under revision.

Please allow 14 business days for requests to be processed. If for any reason, after 14 business days have passed, you do not receive a response to your request, your request for permission has been denied.

Linking Policy

Can I link to The Maria Gruber Foundation Website?

The Maria Gruber Foundation (“TMGF”) encourages and permits text links to content on TMGF Website, including mariagruber.org.

However, TMGF is an organization committed to the highest ethics and standards, both in fact and appearance. Therefore, the linking should not (a) suggest that TMGF promotes or endorses any third party’s causes, ideas, political campaigns, Websites, products or services, nor (b) use the TMGF copyrighted information without the express written consent of TMGF, nor (c) use TMGF content for commercial or fundraising purposes.

Framing is not permitted under any circumstances. You may not create frames around our Websites or use any other technique that alters in any way the visual presentation or appearance of our Websites.

We reserve the right to withdraw permission for any link at any time.

Does TMGF Link to Third Party Sites?

TMGF has provided links to Internet sites maintained by third parties, over which BSFADA has no control. TMGF does not endorse the content, operators, products or services of such sites, and BSFADA is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites.

TMGF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.

The Maria Gruber Foundation

9595 Wilshire Blvd.

Suite 900

Beverly Hills, CA 90212

855-346-3588 Office

info@MariaGruber.org Email

Hours of operation: Monday – Friday 9AM to 5PM Pacific Standard Time

1 855-MG FOUND (643-6863) I Info@MariaGruber.org