Welcome to Widowed in Montgomery County, Inc. (“WIM,” “we,” “our,” or “us”). By attending our virtual or in-person meetings, using our services, accessing http://widowedinmontgomerycounty.com/ (the “Website”) or any websites, newsletters or social media pages owned and/or maintained by WIM (collectively, our “Content”), users of the Content (“you, “your,” or “their”) agree to be bound by these terms and conditions of use (“Terms”). Please note that these Terms, including our Privacy Policy and any other documents we refer to below, apply to all portions of the Content, and form a legally-binding contract between you and us. Please read this Terms carefully before using the Content.
We reserve the right to modify or discontinue our Content, or any portion thereof without notice to you or any third party. These Terms may be unilaterally modified from time to time without notice to you. Such modifications by us are effective upon posting to the Website, and your access to or use of the Content at any time constitutes acceptance of the Terms in effect at the time. It is important that you review these Terms every time you use the Content.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN PLEASE DO NOT ACCESS OR USE THE CONTENT. BY ATTENDING, VIEWING, CONTINUING TO ACCESS, OR USING ALL OR ANY PART OF THE CONTENT, OR DOWNLOADING ANY MATERIALS OR COMPLETING ANY APPLICATION PROCESS VIA THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF THESE TERMS ARE NOT ACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO CEASE USING THE CONTENT.
(1) Purpose of the Content
The Content contains information related to WIM and our services, is designed for educational purposes only, and is not intended to be a substitute for professional medical or psychological advice, diagnosis, treatment or therapeutic services. You should not rely on information provided in the Content for your health needs. If you have a health-related problem or any specific medical questions, please consult with a medical professional. Use of the Content does not create a patient-physician relationship between you or anyone else and WIM.
The Content should not be utilized during the occurrence of a medical emergency or urgent situation. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
(2) Our Privacy Policy
Our Privacy Policy describes what personal information we collect on the Website and how we use that information. The Privacy Policy is incorporated into these Terms by reference and, by using the Website, you indicate that you understand and agree to the practices described in the Privacy Policy.
(3) Disclaimer
THE CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE CONTENT WILL MEET YOUR NEEDS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, ERROR-FREE BASIS, OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY RESPONSIBILITY FOR HARM TO YOU OR YOUR DEVICES THAT MAY RESULT FROM ACCESS TO OR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, DATA LOSS OR CONTRACTION OF A COMPUTER OR PHONE VIRUS.
WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, OR COMPLETENESS OF ANY CONTENT, PRODUCTS, OR SERVICES PURCHASED OR OBTAINED THROUGH THE CONTENT, OR THAT DEFECTS WILL BE CORRECTED. THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT BE USED FOR ANY OTHER PURPOSE. INFORMATION PROVIDED IN THE CONTENT, INCLUDING THAT OF THIRD PARTIES, MAY NOT REFLECT OUR POLICIES OR CONFORM TO ANY AGREEMENT YOU MAY HAVE WITH US.
You agree that your access to and use of the Website is at your sole risk, whether known or unknown to you.
(4) Limitation of Liability
Without limiting the foregoing, you acknowledge and agree that WIM and its officers, directors, agents, employees, third-party providers and affiliates (collectively, “Related Parties”) are not and will not be responsible for, liable for, or incur any claims, causes of action, suits, penalties, fines, losses, damages, costs, or expenses, including attorneys’ fees (“Claims”) arising out of or in connection with these Terms or from your access to, use of, or inability to access or use the Content for or arising out of the following:
The foregoing limitations apply even if we have been advised of the possibility of such damages or they are otherwise foreseeable, or if such Claims result from: (a) the use or the inability to use the Content or results of the use of the Content or any materials provided within, however arising and whether caused by tort, negligence, breach of contract or otherwise; (b) the cost of procurement of substitute products or services resulting from any data, information or services obtained or messages received or transactions entered into through, from, or as a result of, the Content; (c) unauthorized access to or alteration of your transmissions or content; (d) statements or conduct of any third party on the Website; or (e) any other matter relating to our Content. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT IF WE ARE FOUND LIABLE FOR ANY OF THE FOREGOING CLAIMS OR FOR ANY OTHER CLAIMS ARISING HEREUNDER, INCLUDING THE BREACH OF THESE TERMS, WE AND ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING ANY OF THE CONTENT WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR THE COST OF ACQUIRING SUBSTITUTE PRODUCTS OR SERVICES, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL THEORY, REGARDLESS OF WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH CLAIMS, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
By accessing the Content, you understand that you may be waiving rights with respect to Claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read, understood, and hereby expressly waived the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The limitation of liability of this Section 4 is a fundamental element of the basis of the bargain between us and you, will apply to every form of action, whether in contract, warranty, strict liability, negligence or other legal theory, and will survive any breach of the Terms, the Privacy Policy or any agreement, or the failure of the essential purpose of the Terms, the Privacy Policy, any agreement or any exclusive remedy.
Without waiving the exclusive governing law provision set forth below, some states do not allow the exclusion or limitation of liability for consequential or incidental damages. Therefore, the above limitation may not apply to you. In such states, our liability is limited to the fullest extent allowed under applicable law.
IN NO EVENT WILL WIM’S OR ANY OF THE RELATED PARTIES’ TOTAL LIABILITY TO YOU FOR ANY CLAIMS OF ANY NATURE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
(5) Indemnification
You agree to defend, indemnify and hold WIM and the Related Parties harmless from and against any and all Claims brought by third parties arising from, or alleged to result from, your use of the Content, including your violation of the Terms. You will cooperate fully, at your sole expense, as reasonably required in the defense of any such Claim. WIM will have exclusive control of the defense and settlement of any Claim under this Section 5.
(6) Limitations of Information and/or Services
With regard to your physical and mental health, you should consult a medical doctor, especially in emergency situations. WIM makes no prescriptions, recommendations or insinuations regarding medical treatment. We may recommend that you seek evaluation by medical or other professionals, but we are not responsible or liable for the costs or Claims resulting from your engagement of medical or other professionals.
(7) Your License to Use the Website
We encourage you to use the Content for non-commercial purposes.
Subject to these Terms, you may occasionally distribute individual copies of material from the Content for non-commercial purposes by electronic mail or in print as long as you distribute those copies, in the aggregate, without modification, to identifiable groups of individuals you know and identify WIM as the source of the material. If you wish to distribute our content to larger groups, please contact us for permission. Your right to hyperlink to or distribute material from the Content is non-exclusive and revocable in our sole discretion, and such actions are permitted only if done in a context that does not portray WIM in a false, misleading, derogatory or otherwise offensive manner.
Except as permitted by the preceding paragraph, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Content, including for commercial purposes, without our written consent.
The Website has been specially designed for presentation of content in a unique format and appearance to our users. Without limiting the provisions of this section, neither you nor any third party will make use of the contents of the Website in any manner that constitutes an infringement of our rights or the rights of any provider of content to our Website, including copyright rights or any use that has not been authorized. Among other restrictions, you agree not to republish or frame content from our Website in a setting that includes advertising or other materials that we have not authorized to be displayed with the Website.
(8) Links to other sites
The Website may direct you or contain links to third-party websites. We do not operate, control or endorse the content, products or services found on or the security of any information you may provide to or receive from such third-party websites. Use of any such third-party website is at your own risk.
(9) Contributions
We may use a third-party payment vendor to process contributions or payments for products or services made through the Website. Any transactions you make with such vendor will be governed by the vendor’s user agreement and privacy policy in addition to our Terms.
(10) Linking to our Website
Unless you are otherwise advised by WIM, you may create hyperlinks to the Website, provided that the hyperlink accurately describes the content as it appears on the Website. WIM reserves the right to revoke this license or any portion thereof at any time with or without notice or cause.
(11) Posts and information exchanges
Information contributed to the Website or in the Content (“Posts”) does not necessarily reflect the views of WIM. In no event will WIM have any responsibility or liability for any Posts or Claims resulting from any Posts. You hereby represent and warrant that you have all necessary rights in and to all Posts you make and all information they contain, and that such Posts will not infringe upon any proprietary or other rights of third parties, or contain any libelous, tortuous or otherwise unlawful information. You hereby authorize WIM and others to use your Posts or portions thereof on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone or together or as part of any material of any kind or nature. Without limiting the foregoing, WIM may use or modify the Posts in any manner that WIM may determine. WIM does not allow Posts that contain personally identifiable information, profanity or obscenities, slander, defamation, pornographic, threatening or harassing comments or other information that WIM deems inappropriate.
(12) Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Content with or without notice to you and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for suspending or terminating your access to our Content and may be referred to law enforcement. Upon termination or suspension, your right to use the Content immediately ceases, and you acknowledge and agree that we may immediately bar any further access to the Content. We will not be liable to you or any third party for any Claims arising out of any termination, suspension or other actions taken by us in connection therewith. Your agreement to these Terms will survive termination or suspension of your access to the Content.
(13) Governing Law
Any claim relating to WIM’s Content will be governed by the laws of the State of Maryland without regard to its conflict of law provisions.
(14) Notices
If you have any questions regarding these Terms, the Privacy Policy, the Website, or the Content, or to report a violation of these Terms, please contact WIM at widowedinmontgomerycounty@gmail.com.