On behalf of Saving Face Saving Grace® (also referred to as “us” or “we”), welcome to SFSG.org (hereinafter, the “Site”). We recognize that your privacy is important. This Policy discloses the privacy practices for the Site, and also covers how personal and other information that we receive or collect about you is treated. Please read the information below to learn the following regarding your use of the Site.
If you have any questions about this Policy, please feel free to contact us by e-mail at Info@SFSG.org.
IMPORTANT: BY USING THE SITE AND/OR OFFERINGS AVAILABLE ON THIS SITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.
1. Types of Information We Collect
We may collect two types of information about our users: (1) Personally Identifiable Information and (2) Aggregate Information.
Personally Identifiable Information (“PII”): This refers to information that lets us know the specifics of who you are. Examples of PII may include your first and last name, email address and telephone number. You may also voluntarily provide other PII, whether or not specifically requested by us, by voluntarily supplying your own details to us via e-mail or by posting publically viewable comments on the Site. You agree that we may collect any PII voluntarily supplied by you, whether or not we have requested it. You must not submit any PII relating to a third party which you do have permission from such third party to provide to us. We do not knowingly collect any information relating to third parties which you do not have permission to provide. When you engage in certain activities on our Site, such as sending us a message via e-mail, we will ask you to provide certain PII.
Aggregate Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Site and what other Sites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the WebSite’s Uniform Resource Locator (“URL”) that points to the site you just came from, which URL you go to after visiting our Site, what browser you are using, and your Internet Protocol (“IP”) address.
2. How We Collect and Use Information
We do not collect any PII about you unless you voluntarily provide it to us. However, you may be required to provide certain PII to us when you elect to use certain services available on the Site.
We may also collect certain Aggregate Information. For example, we may use your IP address to diagnose problems with our servers, software, to administer our Site and to gather demographic information.
If your web browser emits “do not track” signals, or you use other mechanisms that provide you the opportunity to prevent the collection of PII or Aggregate Information about your online activities, we honor these signals or mechanisms by refraining from collecting information about you.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Site may not function properly if you elect to disable cookies.
4. Release of Information
We will not sell, trade or rent your PII to others. We do provide some of our service offerings through contractual arrangements made with affiliates, service providers, partners and other third parties (“Service Partners”). We and our Service Partners may need to use some PII in order to perform tasks between our respective sites, or to deliver services to you. For example, we may use Service Partners to assist us in delivering electronic newsletters and communications to you; to collect PII voluntarily submitted by you when leaving comments on the Site; and to analyze Aggregate Information.
We will choose Service Partners who adopt and promote strong privacy policies. However, the use of your PII by our Service Partners is governed by the respective privacy policies of those providers and is not subject to our control.
Other than our Service Partners, we do not allow third parties to collect PII or Aggregate Information about you or your online activities when you use our Site.
Occasionally we may be required by law enforcement or judicial authorities to provide PII to the appropriate governmental authorities. In such cases, we will disclose PII upon receipt of a court order, subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
5. Updating and Correcting Information
We believe you should have the ability to access and edit the PII that you have provided to us. You may change any of your PII in your account online at any time by e-mailing us at Info@SFSG.org.
Please include your name and email address when you contact us.
We encourage you to promptly update your PII if it changes. You may ask to have the information on your account deleted or removed; however, some information, such as logs of technical support calls or other information may not be deleted. In addition, it may be impossible to completely delete your information without some residual information because of backups.
6. Your California Privacy Rights
Upon your request, California Civil Code Section 1798.83, known as the “Shine the Light” law, requires us to provide to you (a) a list of your personal information, if any, which we have disclosed to third parties for direct marketing purposes in the preceding calendar year, and (b) the names and addresses of those third parties. You may make such a request once per calendar year, and we will provide the information to you free of charge. Please send any requests made pursuant to this section to us by e-mail at Info@SFSG.org. However, as defined under Section 1798.83, we do not currently share any personal information with third parties for their direct marketing purposes.
7. User Choices on Collection and Use of Information
We may, from time to time, send you e-mails and/or newsletters regarding information or services that we feel may interest you. Only Saving Face Saving Grace® (or agents working on behalf of Saving Face Saving Grace® and under confidentiality agreements) will send you these notifications. If you do not want to receive correspondence from us, you can “opt-out” by clicking on the “Unsubscribe” link at the bottom of each correspondence.
You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, some parts of our Site may not work properly in your case.
8. Security of Your PII
At our Site you can be assured that your PII is secure as we strive to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your PII. For example:
— We work hard to ensure that the data we collect is reliable, accurate, complete and current. We use PII only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
— We limit access to PII only to specific employees, Service Partners, contractors and agents who have a reasonable need to come into contact with your information.
— Additionally, we also employ a number of physical, electronic and procedural safeguards to protect PII. Our secure servers and our data centers are protected by encryption, and our servers reside behind firewalls and password protection.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Site cannot be guaranteed.
You must be at least 13 years old to have our permission to use our Site. Our policy is that we do not knowingly collect, use or disclose PII about visitors under the age of 13.
You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, email address, etc.) by you in the comments you post on the Site or in other public areas on the Site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages (including unwanted spam messages) from third parties. Such activities are beyond our control and this Policy does not apply to such information. Please consult our Terms and Conditions of Use for policies regarding user-provided information.
10. Contact Us
Terms and Conditions of Use
1. Acceptance of Terms
1.1 Saving Face Saving Grace®, a California non-profit corporation (referred to as “Saving Face Saving Grace,” “SFSGonline.org,” “SFSG.org”, “SFSG”, “us” or “we”), provides www.SFSG.org (the “Site”) through which it offers information and online training courses in the field of behavioral health for the purpose of educating, supporting and strengthening individuals, families, or significant others impacted by mental illness (collectively referred to as “Offerings”), subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and you.
- We reserve the right to change these Terms and Conditions of Use from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms.
- As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.
- BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR OFFERINGS.
- Offerings. Saving Face Saving Grace® provides a number of Offerings for users on its Site, including, but not limited to, offering information and training courses on the topic of mental illness.
- No Guarantee. Although Saving Face Saving Grace® works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on this Site.
- Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or services that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, material posted by you or personalization settings.
3. Site Conduct, Posting Policies & Third Party Websites
- User-Created Content Guidelines: Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site or send to other users. By posting information or original material on the Site, or by otherwise using any communications service, message board or other interactive service available on the Site, you agree that you will not post material, comments, messages, links, code, information, or pictures that:
- are unlawful, threatening, abusive, harassing, defamatory, deceptive, inaccurate, fraudulent, tortious, invasive of another’s privacy, or include graphic descriptions of sexual or violent content;
- victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- consist of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contain any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise cause damage, or allow you to obtain unauthorized access to any data or other information of any third party;
- breach the security of, compromise or otherwise allow access to secured, protected or inaccessible areas of this Site, or attempt to gain access to other networks or servers via your account on this Site;
- impersonate any person or entity, including any of our employees or representatives.
- No Endorsement. Saving Face Saving Grace® neither endorses nor assumes any liability for any materials uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor materials or comments posted on the Site, we and our agents reserve the right to remove any and all postings, in our sole discretion and without prior notice to you. Saving Face Saving Grace® and its agents are not responsible for any failure or delay in removing such postings.
- Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
- Products and Promotions. From time to time, this Site may include information about products and promotions offered by third parties. You may purchase products from or participate in promotions of third parties whose promotions or products are listed on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the third party. We assume no liability, obligation or responsibility for any part of any such purchase or promotion.
4. Saving Face Saving Grace‘s® Intellectual Property
- Content. For purposes of these Terms, “content” is defined as any information, communications, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by Saving Face Saving Grace®, our Affiliates or licensors.
- Ownership of Content. All contents of the Site are: Copyright © 2015-2021 Saving Face Saving Grace®. All rights reserved. All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with Saving Face Saving Grace‘s® prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to Saving Face Saving Grace® for violation of intellectual property rights.
- Trademarks. Trademarks or service marks of Saving Face Saving Grace® include, but are not limited to, Saving Face Saving Grace®; SFSG®; SFSGonline.org®; SFSG.org®; and the Saving Face Saving Grace logo. All custom graphics, icons, logos and service names are registered trademarks, common law trademarks or service marks of Saving Face Saving Grace® or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of Saving Face Saving Grace®, SFSGonline.org, SFSG.org, our Affiliates or our licensors.
- Site Use. Saving Face Saving Grace® grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, commercial use, preparation of derivative works, or other use. You may not use any content from the Site for commercial use. You agree not to copy the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. Any use of the Site or the content or materials contained therein, other than as specifically authorized in these Terms, without the prior written permission of Saving Face Saving Grace®, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. Saving Face Saving Grace® reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
- No Warranty for Third-Party Infringement. Neither our Affiliates nor we warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
5. Content You Create
- We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing User Content, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c).
- If you believe that you or someone else’s copyright has been infringed upon by SFSG.org or User Content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
- Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
- Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material);
- The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
- A statement that the Rights Holder has a good faith belief that the use of the material identified above in (ii) is not authorized by the copyright owner, its agent or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
- The Rights Holder’s electronic signature.
Notice may be sent to us at Info@SFSG.org.
- You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our Site without liability to you or any other party.
6. Privacy & Security
- Login Required. In order to access some of the Offerings on this Site, you will be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
- Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities that occur under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
- SFSG.ORG DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALL CONTENT AND OFFERINGS ON THIS SITE ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS.MOREOVER, ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS OBTAINED BY YOU FROM THE SITE, FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR NEEDS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
- THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS ON THIS SITE AT ANY TIME WITHOUT NOTICE TO YOU. THE CONTENT AVAILABLE ON THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.THE USE OF THE OFFERINGS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES YOU INCUR AS A RESULT.
- WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
- SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
8. Limitation of Liability & Indemnification
8.1 IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS; YOUR USE OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE; OR YOUR RELIANCE UPON THE ACCURACY OF INFORMATION CONTAINED ON THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE SALE OF PRODUCTS OR SERVICES.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
- You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site or any of the content contained therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. Termination of Use
- Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
- No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-10 of these Terms shall survive any termination.
10. Miscellaneous Provisions
- International Use. Although this Site may be accessible worldwide, those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction. Any offer for any service, and/or information made in connection with this Site is void where prohibited.
- Governing Law. This Site (excluding any Third Party websites) is controlled by us from our offices in San Clemente, California, and the statutes and laws of the State of California shall be controlling, without regard to the conflicts of laws principles thereof.
- Dispute Resolution. Saving Face Saving Grace® believes that the Bible commands all Christians to make every effort to live at peace and to resolve disputes with each other in private or within the Christian church (see Matthew 18:15-20; 1 Corinthians 6:1-8). Therefore, any controversy, claim or dispute arising from, out of or related to SFSG.org or our Offerings shall be settled by biblically-based mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation contained in the Peacemaker® Ministries booklet Guidelines for Christian Conciliation (www.peacemaker.net). To the extent authorized by the Rules, the provisions of California Code of Civil Procedure section 1283.05 (right to discovery in arbitration) are incorporated herein and made a part hereof. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy, claim or dispute concerning SFSG.org or our Offerings and expressly waive their right to file a lawsuit in any civil court against one another for such disputes except to enforce the arbitration decision.
- Notices. All notices to Saving Face Saving Grace® or SFSG.org shall be in writing and shall be sent to Info@SFSG.org. You agree to allow us to submit notices to you using the email address provided by you in the Registration Info. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.
- No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 4 of these Terms.
- Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
- No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.