Effective: July 31, 2014
Summary of Service
Stay Positive Stay Aggressive raises money to distribute to individuals with medical conditions for the sole purpose of charitable benevolence. Stay Positive Stay Aggressive will work to lower patients medical bills, and then extinguish the remainder of those medical bills (our “Service”). Through the Service, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, other materials and information, and associated trademarks and copyrightable works (collectively, “Content”). Applicants of the Service may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content (“User Submissions”).
Acceptance of Terms
Stay Positive Stay Aggressive reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. Stay Positive Stay Aggressive may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability
Registering Your Account
If you access the Services through an SNS as part of the functionality of the Website, the Application and/or the Services, you may link your Account with Third-Party Accounts, by allowing Company to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to the Company and/or grant the Company access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by such third-party service providers. By granting the Company access to any Third-Party Accounts, you understand that the Company may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Company Properties (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Company Properties via your Account. Unless otherwise specified in the Terms, all SNS Content shall be considered to be Your Content (as defined in Section 3.1) for all purposes of the Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Company Properties. Please note that if a Third-Party Account or associated service becomes unavailable or Company’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Company Properties You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND COMPANY DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. The Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and the Company is not responsible for any SNS Content.
Treatments: Fundraising and Donations
Stay Positive Stay Aggressive raises money to distribute to individuals with medical conditions for the sole purpose of charitable benevolence. You agree to be bound by this entire Agreement, including the following terms:
• You agree to provide your payment information at the time you give a donation. The payment will be collected at the time of the donation. The amount you donate is the amount you will be charged.
• You agree to provide Stay Positive Stay Aggressive with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (“Payment Provider”).
• By providing Stay Positive Stay Aggressive with your credit card number or PayPal account and associated payment information, you agree that Stay Positive Stay Aggressive is authorized to immediately invoice your Account for all donations that you make to Profiles and that no additional notice or consent is required.
• You agree to immediately notify Stay Positive Stay Aggressive of any change in your billing address or the credit card or PayPal account used for payment hereunder. Stay Positive Stay Aggressive reserves the right at any time to change its billing methods, either immediately upon posting on the Site or by e-mail delivery to you.
• Stay Positive Stay Aggressive reserves the right to cancel a donation at any time and for any reason.
• Stay Positive Stay Aggressive reserves the right to reject, cancel, interrupt, remove, or suspend a Profile at any time and for any reason. Stay Positive Stay Aggressive is not liable for any damages as a result of those actions. Stay Positive Stay Aggressive may or may not comment on the reasons for any of those actions. In the event that a Profile is rejected, canceled, interrupted, removed or suspended, all donated funds will be reallocated to other people in need.
One hundred percent (100%) of the amounts donated by users of the Website will be allotted to medical related payments to people in need. Payment fees charged by Stay Positive Stay Aggressive’s payment collectors will be paid by Stay Positive Stay Aggressive, they will not be deducted from the donations
Rules and Conduct
• infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
• you know is false, misleading, or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortuous, obscene, offensive, profane, or invasive of another’s privacy;
• constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
• involves commercial activities sales without Stay Positive Stay Aggressive’s prior written consent, such as contests, sweepstakes, barter, advertising or pyramid schemes;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Stay Positive Stay Aggressive or any third party, including but not limited to violating or attempting to violate any security features of the Service; and,
• is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or Impersonates any person or entity, including any employee or representative of Stay Positive Stay Aggressive.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Stay Positive Stay Aggressive in its sole discretion) an unreasonable or disproportionately large load on Stay Positive Stay Aggressive’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Stay Positive Stay Aggressive may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Mail list, Listserv, or any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Service. When you access third-party websites, you do so at your own risk. Those other websites are not under Stay Positive Stay Aggressive’s control, and you acknowledge that Stay Positive Stay Aggressive is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Service does not imply endorsement by or affiliation with Stay Positive Stay Aggressive. You further acknowledge and agree that Stay Positive Stay Aggressive shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
Content and License
You agree that the Service contains Content provided by Stay Positive Stay Aggressive, its sponsors and users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. Stay Positive Stay Aggressive grants to each User of the Service a worldwide, non-exclusive, non- sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from Stay Positive Stay Aggressive, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:
• Stay Positive Stay Aggressive will not have any ownership rights over your submissions. However, Stay Positive Stay Aggressive needs the following license to perform and market the Service. You grant to Stay Positive Stay Aggressive the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Service, (b) Stay Positive Stay Aggressive’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you, in connection with the provision or marketing of the Service. The foregoing license grant to Stay Positive Stay Aggressive does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
• You are publishing your User Submissions, and you may be identified publicly by your name or User ID in association with your User Submissions.
• You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
• You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant all of the license rights granted herein.
• Stay Positive Stay Aggressive shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
• All Content in any User Submissions publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that User Submission originated.
• Stay Positive Stay Aggressive will not be liable for any errors or omissions in any Content.
• Stay Positive Stay Aggressive cannot guarantee the identity of any other Users with whom you may interact while using the Service.
• All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
• The use or other exploitation of User Submissions by Stay Positive Stay Aggressive and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
• You agree that submission of any ideas, suggestions, documents, or proposals to Stay Positive Stay Aggressive through our suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Stay Positive Stay Aggressive has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Stay Positive Stay Aggressive a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit in any manner, any Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Service.
In accordance with the Digital Millennium Copyright Act (“DMCA”), Stay Positive Stay Aggressive has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Stay Positive Stay Aggressive also may terminate User accounts even based on a single infringement.
It is Stay Positive Stay Aggressive’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Stay Positive Stay Aggressive by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written 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; (6) 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.
Stay Positive Stay Aggressive has no special relationship with, or fiduciary duty to, you. You acknowledge that Stay Positive Stay Aggressive has no duty to take any action regarding any of the following: which Users gain access too the Service; what Content Users access through the Service; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. Stay Positive Stay Aggressive cannot guarantee the authenticity of any data or information that Users provide about themselves. Stay Positive Stay Aggressive cannot guarantee the accuracy or authenticity of any information contained in any Profile nor any information Submitted by any individual. You release Stay Positive Stay Aggressive from all liability for your having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Stay Positive Stay Aggressive makes no representations concerning any Content on the Service, and Stay Positive Stay Aggressive is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service. Stay Positive Stay Aggressive does not guarantee that any Content will be made available through the Service. Stay Positive Stay Aggressive has no obligation to monitor the Service or Content. Stay Positive Stay Aggressive reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a Profile; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. Stay Positive Stay Aggressive reserves the right not to comment on the reasons for any of these actions.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. STAY POSITIVE STAY AGGRESSIVE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT OR COVENANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITIONS LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): STAY POSITIVE STAY AGGRESSIVE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Stay Positive Stay Aggressive will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Stay Positive Stay Aggressive’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Stay Positive Stay Aggressive is not a medical health provider and does not personally evaluate patients. Stay Positive Stay Aggressive is not liable for the payment or outcome of any treatment funded through the Service. Stay Positive Stay Aggressive does not warrant that any treatment will be successful, nor is Stay Positive Stay Aggressive liable for any damages or loss incurred related to any treatment funded through the Service. Stay Positive Stay Aggressive is under no obligation to become involved in disputes between any users and any third party, arising in connection with the use of the Service. You release Stay Positive Stay Aggressive, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor.”
Limitations of Liability
IN NO EVENT SHALL STAY POSITIVE STAY AGGRESSIVE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from locations outside of the United States, you do so at your own initiative and are responsible for compliance with local laws.
Electronic Delivery, Notice Policy, and Your Consent
By using the Service, you consent to receive from Stay Positive Stay Aggressive all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. Stay Positive Stay Aggressive may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Service.
Integration and Severability
End of Terms