Larry L. Hillblom Foundation Website Terms of Use
December 22, 2020: IMPORTANT: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE AND/OR USING ANY OF THE SERVICES PROVIDED THROUGH IT.
1. General Information. The Larry L. Hillblom Foundation (“LLHF”) offers this website located at http://www.llhf.org (this “Website”) to provide many different types of users with information about medical research within the State of California. This Website is designed to provide information about LLHF’s grant process, enable the submission of grant requests, and provide information about LLHF itself and the research it has supported (the “Services”). The Services are provided free of charge as a user convenience and are to be used for informational purposes only. Some information contained on the Website may represent opinion or judgment or contain inadvertent technical oversights, factual inaccuracies, or typographical errors.
2. Binding Effect. BY USING THIS WEBSITE LOCATED AT www.llhf.org (the “Website”), YOU AGREE TO THESE TERMS OF USE AS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, PLEASE EXIT THIS WEBSITE.
LLHF may modify this Website and the rules and regulations governing its use, including but not limited to these Terms of Use and/or the Website Privacy Policy, at any time simply by posting a change, update or modification on this Website and providing reasonable notice, most likely by noting on the Website that these terms have changed. Any such change, update or modification will be effective immediately upon posting on this Website. Your continued use of this Website after any such change, update or modification is made deems your acceptance of such change, update or modification.
YOU AGREE THAT, BY ACCESSING THIS WEBSITE AND/OR BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO AGREE TO THESE TERMS AND CONDITIONS.
3. Notice Concerning Children. This Website is a general audience website, and we do not direct any of our content specifically at children who are under thirteen (13) years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Website user is under age thirteen (13), we will promptly delete any personal information in that user’s profile.
4. No Legal or Medical Advice. The information contained in this Website is made available for general informational purposes only, and is not intended to constitute specific legal advice or to be a substitute for advice from qualified counsel. Similarly, it is not intended to constitute medical advice or be a substitute for advice from a licensed doctor. Without limiting the foregoing, the information contained in this Website may not reflect the most current legal and/or medical developments. Accordingly, the information found on this Website is not promised or guaranteed to be correct or complete, and it may not be accurate. Because the information is general in nature, it may not pertain to your specific circumstances, and you should not act or refrain from acting based on any of the information provided in this Website without first obtaining advice from professional counsel qualified in the applicable subject matter. You agree that your (a) access to this Website, (b) receipt of the information contained on this Website or (c) your transmission of electronic mail to addresses found on this Website, does not create an attorney-client and/or doctor/patient relationship between you and LLHF. LLHF expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this Website.
5. Privacy Policy. LLHF respects your privacy and, to the extent practicable, permits you to control the treatment of your personal information. A complete statement of LLHF’s current Privacy Policy can be found by clicking here. LLHF’s Privacy Policy is expressly incorporated into these Terms of Use by this reference.
When you elect to open an account to use or access certain features of this Website, you must complete the account registration process by providing the complete and accurate information requested on the registration form. You may be asked to provide or be provided a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username or password of someone else at any time. You agree to notify LLHF immediately upon any unauthorized use of your account, user name or password. LLHF shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.
6. LLHF’s Proprietary Rights. You acknowledge and agree that this Website and the materials accessed through this Website are and shall remain the property of LLHF and/or its licensors, and are protected by copyright, trademark and/or other proprietary rights and laws. Except as expressly authorized in advance by LLHF, you agree not to copy, modify, reproduce, distribute, transmit, display, perform or create derivative works of this Website, any of the materials accessed through this Website, the design or layout of this Website, or individual sections of the design or layout of this Website, provided that, subject to your compliance with these Terms of Use, LLHF grants to you a limited, personal, revocable, non-transferable and non-sublicensable license to (a) access this Website and the materials available therein via the Internet solely for purposes of viewing such materials and (b) download or print out pages of this Website for your personal, non-commercial use.
Trade names, trademarks and service marks of LLHF or its affiliates include, without limitation, LARRY L. HILLBLOM FOUNDATION, LLHF, LLHF.ORG, ADVANCING MEDICAL KNOWLEDGE, and any and all associated logos, as well as other marks that may appear on the Website from time to time. All trade names, trademarks and service marks on this Website that are not owned by LLHF or its affiliates are the property of their respective owners. The trade names, trademarks and service marks owned by LLHF or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not a product or service of LLHF or one of its affiliates, or in any other manner that is likely to cause confusion or otherwise impair the LLHF marks. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any right or license to use any trade names, trademarks or service marks of LLHF or its affiliates without prior express written permission of LLHF or its relevant affiliates.
7. User Content.
7.1 Your Responsibility and License to Others. Sometimes you may wish to provide information or other content (“Content”), such as by uploading a video, document, file, or information, or submitting comments in a chat room. When you provide Content, you:
(i) represent and warrant that the Content is (a) wholly your original work, or (b) that you have all necessary right, title, interest and licenses to upload it and make it available to the Foundation and other users for download, distribution and use under these Terms without (i) violation (by you, us, Third Parties, users or anyone else) of any applicable license, restriction or law, or (ii) a potentially adverse consequence to us, Third Parties, users or anyone else that you have not conspicuously disclosed in the Content. As used here, “adverse consequence,” means a restriction governing the Content which could be triggered if we or others exercise a right under the license you grant below and which imposes an obligation, liability or impairment of rights on us or others that was not conspicuously disclosed by you before exercise of a right. To disclose an adverse action, you agree to conspicuously place on or in the Content notice that adverse actions can result and that you may be contacted at the email address and telephone number in the notice to obtain your full disclosure of applicable licenses and restrictions applicable to the Content; and
(ii) grant LLHF, its affiliates, third party sub-licensees and successors and assigns, and each Website user who downloads the Content under these Terms of Use, a perpetual, nonexclusive, worldwide, royalty-free, fully paid up, irrevocable license to (a) use, copy, distribute, modify and create derivative works from the Content; (b) publicly perform or display, license and distribute copies of the Content, modified Content and derivative works of the Content; and (c) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, as necessary or advisable (as determine by LLHF or other licensed person in its sole discretion) to allow LLHF or other licensed person to fulfill its charitable or governmental mission, to further its related operations, and to create, advertise, operate and manage the Website.
In addition to the rights above, you acknowledge and agree that we may keep Content indefinitely and disclose it for any purpose, including but not limited to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; or (iv) without undertaking a duty to do so, protect the rights, property, or personal safety of the LLHF, its users and the public.
7.2 Inappropriate Content. You agree not to upload, post or otherwise transmit through the Website any Content or any other materials whatsoever that are or could appear to be:
(i) defamatory, obscene, invasive to another person’s privacy or protected data, or tortious;
(ii) infringing upon anyone’s intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity;
(iii) containing any software viruses or any other harmful computer code, files, or programs, including any designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) advocating or encouraging conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation;
(v) advertising or otherwise soliciting funds or that is a solicitation for goods or services; or
(iv) in violation of any applicable license, law or contractual or fiduciary duty or provision (including by exercise of the rights you grant to LLHF above).
LLHF reserves the right to terminate your receipt, transmission or other distribution of any such Content, and, if applicable, to delete any such Content from its servers. LLHF intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use and/or any applicable laws.
7.3 Reliance on Content. LLHF anticipates that substantial Content or even assistance will be made available to you and others through the Website or otherwise. Content may be outdated or contain typographical errors, inaccuracies, omissions, or problematic or defective functionality, and assistance (such as LLHF help with a report you are obligated to make) will need your review. YOU AGREE NOT TO RELY ON CONTENT OR ASSISTANCE AND TO DETERMINE ALL RELEVANT FACTORS ON YOUR OWN, INCLUDING (WITHOUT LIMITATION) ACCURACY, FUNCTIONALITY, QUALITY, RELIABILITY AND OTHER RELEVANT FACTORS. We reserve the right to monitor and exercise all other rights of ours, and also to modify or remove any Content or assistance at any time, but do not undertake any duty to do so.
7.4 Any opinions, advice, statements, assistance, services, offers, or information expressed or made available by third parties, including users, are those of the respective author(s) or distributor(s) and not of LLHF.
7.5 Use by LLHF. As noted above, you grant to LLHF a license to use the materials that you post to this Website. By posting, downloading, displaying, performing, transmitting or otherwise distributing Content to this Website or the Services, you are granting to LLHF, its affiliates, officers, directors, employees, consultants, agents and representatives the irrevocable right to use, copy, modify, publish, perform, transmit, display, reproduce, edit, translate and reformat such User Content via any media in accordance with LLHF’s Privacy Policy, and you waive any moral rights that you may have in such User Content. Subject to LLHF’s Privacy Policy, LLHF shall be free to use User Content, including any ideas, concepts, know-how or techniques contained in such User Content, for any reason whatsoever. You will not be compensated for any User Content. You agree that LLHF may publish or otherwise disclose your name in connection with your User Content. By posting such User Content on this Website or the Services, you warrant and represent that you own the rights to such User Content, or are otherwise authorized to post, distribute, display, perform or transmit User Content.
8. Restrictions on Use of Content. The Website contains a variety of information, including (without limitation) information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, that you upload, post or otherwise provide in connection with the Website (“Content”). Much of the Content on the Website is not available for downloading, such as our copyrighted works that we do not distribute or works of others that we are not permitted to distribute. However, we also may have Content that if so designated may be downloaded by you pursuant to these Terms (“Available Content”). YOU MAY REVIEW, DOWNLOAD, COPY, DISTRIBUTE AND USE THE AVAILABLE CONTENT SOLELY FOR THE PURPOSE OF FURTHERING YOUR MISSION IN THE ORDINARY COURSE OF YOUR GOVERNMENTAL OR CHARITABLE PURPOSE AND ATTENDANT OPERATIONS. YOU MAY NOT SELL THE AVAILABLE CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE. YOU WILL NOT USE OR DISCLOSE IT OR THE SITE TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS.
This Website is controlled by us from our offices within the United States of America. If you choose to access this Website from locations outside the U.S. you do so at your own risk and you are responsible for compliance with any local laws. You may not use or export anything (including information) from the Website in violation of U.S. export laws, regulations or these Terms of Use.
9. Compliance with Intellectual Property Laws. When accessing this Website or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of this Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content (collectively, “Content”) in violation of any third-party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content that you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
It is the LLHF‘s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, the LLHF will promptly terminate without notice the accounts of Users that are determined by the LLHF to be “repeat infringers.” A repeat infringer is a User who has been notified by the LLHF of infringing activity violations more than twice and/or who has had User Content removed from the LLHF more than twice.
Copyright owners who believe that any content on the Website infringes upon his or her copyrights are encouraged to submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). Said notification should be sent to LLHF and include the following in writing:
- 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 on the Website are covered by a single notification, a representative list of such works;
- 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 LLHF to locate the material;
- Information reasonably sufficient to permit LLHF to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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 (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”).
A copyright owner acknowledges that if he or she fails to comply with all of the requirements of this section, his or her DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
10. Alleged Violations. LLHF reserves the right to terminate your use of this Website and/or the Services at any time in its sole discretion. To ensure that LLHF provides a high quality experience for you and for other users of this Website, you agree that LLHF or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights or other unauthorized uses of this Website or the Services. LLHF does not intend to disclose the existence or occurrence of such an investigation unless required by law, but LLHF reserves the right to terminate your account or your access to this Website immediately, with or without notice to you, and without liability to you, if LLHF believes that you: (a) have violated any of the Terms of Use; (b) furnished LLHF with false or misleading information; or (c) interfered with the use of this Website or the Services by others.
11. NO WARRANTIES. LLHF HEREBY DISCLAIMS ALL WARRANTIES. THIS WEBSITE IS PROVIDED TO YOU “AS IS.” YOUR ACCESS AND USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LAWS IN THE APPLICABLE JURISDICTION, LLHF DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT AND UNINTERRUPTED OR ERROR-FREE OPERATION.
12. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES. TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER LLHF NOR ANY OF ITS THIRD PARTY AFFILIATES, WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OF REPUTATION, FOR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY ASPECT OF THE COMPLETE SITE OR TO ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY), EVEN IF WE OR A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.
13. LIMITED LIABILITY. EXCLUSIVE REMEDY; DAMAGE LIMITATION. LLHF’S LIABILITY TO YOU IS LIMITED. TO THE EXTENT PERMITTED BY THE LAWS IN THE APPLICABLE JURISDICTION, LLHF DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS, LOST DATA OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THIS WEBSITE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY NOTICE) AND FOR ANY AGGREGATE DAMAGES DUE YOU (OR OTHERS RELATED TO YOU) BY LLHF OR ANY OF LLHF’S AFFILIATED THIRD PARTIES FOR ANY REASON RELATING TO ANY PART OF THE COMPLETE SITE, WILL BE AT OUR OPTION: (A) SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE CONTENT OR SERVICE CAUSING YOUR DAMAGE (IF ANY); OR (B) THE AMOUNT OF YOUR DAMAGES THAT ARE NOT EXCLUDED IN THE PRECEDING SECTION AND WHICH YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT WILL BE THE LESSER OF THE AMOUNT YOU ACTUALLY PAID US FOR THE ITEM CAUSING THE DAMAGE (IF ANY) OR THE AMOUNT OF SAID DAMAGES SO INCURRED. The damage exclusions and limitations in these Terms of Use independent and will apply even if any remedy fails of its essential purpose.
14. Affiliated Websites and Links. LLHF has no control over, and no liability for any third-party websites or materials. From time to time, LLHF may work with a number of partners and/or affiliates whose Internet websites may be linked with this Website. Because neither LLHF nor this Website has control over the content and performance of these third-party websites, LLHF makes no guarantees about the accuracy, currency, content or quality of the information provided by such websites, and LLHF assumes no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that may reside on those websites. Similarly, from time to time, in connection with your use of this Website, you may have access to content items (including, but not limited to, other websites) that are owned by third parties. You acknowledge and agree that LLHF makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third-party content.
15. Prohibited Uses. LLHF imposes certain restrictions on your permissible use of this Website. You are prohibited from violating or attempting to violate any security features of this Website or the Services, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of this Website or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to this Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) using this Website to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or (f) attempting to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by LLHF in providing this Website. Any violation of system or network security may subject you to civil and/or criminal liability.
16. Indemnity. You agree to indemnify LLHF for certain of your acts and omissions. You agree to defend, indemnify and hold LLHF, its affiliates and its suppliers, and each of their respective partners, officers, directors, employees, consultants, agents and representatives, from and against all claims, losses, costs, damages, liabilities and expenses (including but not limited to attorneys’ fees) arising out of: (a) your activities in connection with this Website; (b) any violation of these Terms of Use by you; (c) any improper or unauthorized use of the Website materials or the Services by you; or (d) any allegation that anything you transmit through or in connection with this Website infringes or otherwise violates the copyright, trademark, trade secret, privacy or other rights of any third-party.
17. Governing Law. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby consent to the exclusive jurisdiction of a state or federal court of general jurisdiction sitting in San Francisco or Marin County, California, U.S.A.
18. Amendments. You agree that from time to time we may alter (including adding or eliminating all or parts of provisions) these Terms of Use, including but not limited to the Privacy Policy (“Amendments”). Amended versions of these Terms of Use will take effect on the date specified for the amended version (“Effective Date”) and will apply to all information that was collected before or after the Effective Date, including information in databases. You have no continuing right to use the Website, though each time you visit you will be subject to the version of the Terms of Use in effect at the time of your visit. These Terms of Use will change from time to time and the changes will be effective when they appear in a replacement version of these Terms of Use as posted by us on the Website.
Each time you return to the Website, you are responsible for checking the effective date of the then posted version of these Terms—if it is later than the date of the version last reviewed, the Terms of Use have been changed and the new version should be reviewed before using the Site. USE OF THE WEBSITE AFTER THE EFFECTIVE DATE WILL CONSTITUTE YOUR CONSENT TO THE AMENDMENTS, SO IF YOU DO NOT WANT TO BE BOUND BY AN AMENDED VERSION, DO NOT USE THE WEBSITE AND CEASE ALL USE OF THE CONTENT OR SERVICES.
19. Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, then all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
20. ACKNOWLEDGMENT. BY ACCESSING THIS WEBSITE OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
