1. Binding Agreement
This document creates an enforceable contractual agreement (the “Agreement”) between the user (“You”), and Headwaters Health Foundation of Western Montana (the “Foundation”). By your use or access of information or computer-network based technologies, offered by the Foundation (“Online Access”), at any point after this Agreement is made available to You, You agree and consent to the promises and obligations set forth in this document. If You are engaging in Online Access in the course and scope of your employment by any other person or entity, You agree that You are binding your employer to this Agreement, and that the obligations that apply to You as set forth herein will also apply to your employer.
The Foundation respects and recognizes the copyrights of itself and others. By engaging in Online Access, You agree that You may not upload, post or transmit the copyrighted content of others other than as allowed by law.
4. Content Creators
Information available through Online Access may include content from sources outside of the Foundation. The copyrights applicable to individual content creators are preserved. The Foundation makes no warranty regarding any content available through Online Access that was not created by the Foundation itself.
5. Relationship Between You and the Foundation
Your utilization of Online Access does not create any special relationship between You and the Foundation, including that of attorney-client, accountant-client, consultant-client, or any other relationship that would give You the right to assert a claim against the Foundation based on information You received through the use of Online Access.
6. Reference to Other Agreements
If You have any other existing contractual agreement with the Foundation, any other such agreement must be read in conjunction with this Agreement. To the degree there is a conflict between the provisions of any other such agreement and this Agreement, the terms of that other agreement supersede the conflicting provisions of this Agreement.
7. Content You Provide
You are fully responsible for any information provided to the Foundation through Online Access. Any information You upload, post, or transmit must be factually correct and honest, based on the best information known to You.
If You register for any portion of Online Access that allows for sign-in to certain specific sites or utilities, You agree to provide current and accurate information that You will update as it may change, about yourself and any employer or organization on whose behalf You may be interacting with the Foundation. You will take reasonable steps to keep your login credentials secret, confidential, and protected, so as to prevent unauthorized access to Online Access and the Foundation’s network and systems.
Any content You upload, post, or transmit to the Foundation by use of Online Access may be used by the Foundation without any limitation or reservation by You.
8. Legal and Responsible Use of Online Access
Through the use of Online Access, You will not allow, by action or inaction, any person to:
a. use Online Access for any illegal purpose or in any illegal manner, as recognized by the law of the United State of America, of the State of Montana, and the law of any specific jurisdiction where You or any such other person may choose to engage in Online Access;
b. use any data, information, or content obtained through the use of Online Access for any business purpose, other than as the Foundation may explicitly authorized, in a separate written document. This restriction includes, but is not limited to, transmission of advertising or promotional materials including mass mailings or messaging and targeted mailings or messaging (whether through printed mail or electronic information delivery services including email or social media, or by some other means);
c. purposefully disable, overburden, damage, or impair systems of the Foundation or any other person;
d. interfere with any persons’ use and enjoyment of Online Access or the Foundation’s networks and systems, including by use of malicious or deceptive code, software, hardware; or by using any code, software or hardware in any means other than its normal and commercially reasonable intended use;
e. upload, post, or transmit data, information, or content through the use of Online Access that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, incites an illegal act, or is otherwise not in conformance with the values and business of the Foundation. Determinations of whether data, information, or content are in conformance with this policy is in the sole discretion of the Foundation, and information may be altered or removed without any additional notice;
f. intimidate or harass another through the Online Access;
g. post or transmit any personally identifiable information about persons under 13 years of age on or through the Online Access;
h. impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Online Access;
i. use or attempt to use another’s account or personal information without authorization from that person; and
j. attempt to gain unauthorized access to the systems and networks of the Foundation or any user of Online Access, or the computer systems or networks connected to the Foundation, through hacking, phishing, password mining, brute force attacks, or any other means.
9. Termination or Suspension
The Foundation may terminate your rights to use Online Access, or any portions of it, at any time, for any reason or no reason at all. You may terminate your rights to use Online Access at any time, although any data, information, or content that You have uploaded, posted, or transmitted prior to termination may remain in the Foundation’s systems and networks indefinitely.
10. Indemnification and Limitation of Liability
You agree to indemnify the Foundation for any damages or claims, including the costs of any legal defense that occur as a result of your illegal or wrongful use of any Online Access, or as a result of violations by You of the provisions of this Agreement.
11. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will the Foundation have any liability to You, under any legal theory, based on your use of Online Access.
12. Choice of Law and Forum
This Agreement, and any disputes related to the use of Online Access, are governed by the laws of the State of Montana. You agree that the only convenient forum for the litigation of any dispute is in the District Court of the State of Montana, Missoula County, in Missoula, Montana.
13. Disclaimer of Warranties
The Foundation provides date, information, and content through Online Access on an AS-IS basis, with no warranties expressed or implied.
In the event any portion or provisions of this Agreement is determined to be void or unenforceable, including by agreement by the Foundation or by decision of a court of competent jurisdiction, any such void or unenforceable portions or provisions will be deemed severable and will not affect the validity and enforceability of the remaining portions and provisions.
If the Foundation fails or elects not to insist on strict enforcement of any of its rights, or obligations accruing to You within this Agreement, it will not be construed as a waiver of any right or obligation.
16. Amendment of Agreement
You agree and understand that this Agreement may be updated from time to time, and that by continuing to use Online Access, You agree to the provisions of those documents, as they may be updated, without any additional notice or reminders regarding any updates. YOUR ONGOING USE OF ONLINE ACCESS IS CONSIDERED CONSENT AND AGREEMENT TO THESE PROMISES.