Acceptance of Terms
This website, located at www.secondwindforlife.org (“Website”), is owned and operated by The Second Wind For Life Initiative, Inc. ("SWFLI"). SWFLI is Texas 501©(3) corporation and promotes awareness and prevention of chronic diseases and provides financial assistance and personal resources to individual with medically-associated needs.
This Website provides users with access to information and materials about SWFLI and its partners, and well as resources. These materials may include information related to certain products and services ("Products and Services") and contests, promotions or sweepstakes offered by SWFLI. The Website also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about SWFLI, Products and Services, "Content"). This Website is intended for use only by users who are at least 18 years of age.
Limited License and Site Access; All Rights Reserved – SWFLI hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SWFLI (e.g., downloading of PDF forms, applications or contest rules). This license does not include any resale or commercial use of this Website or the Content; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of SWFLI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SWFLI without SWFLI's express written consent. You may not use any meta-tags or any other "hidden text" utilizing any of SWFLI's name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content, features, Products and Services offered on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by SWFLI.
Availability of Products and Services – Due to offers that are limited in time or availability, certain Products and Services described on this Website may not be available to all users. EXCEPT AS EXPRESSLY STATED HEREIN, THE INFORMATION CONTAINED ON THIS WEBSITE IS NOT AN OFFER TO SELL OR LEASE BY SWFLI.
This Website may provide certain summary descriptions or other helpful information regarding Products and Services. SWFLI attempts to be as accurate as possible; however, any such materials are intended to generally describe the Products and Services and are subject in all respects to the specific terms and conditions of the actual product/service agreement to which they refer.
Copyright – Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of SWFLI or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of SWFLI and is protected by U.S. and international copyright laws.
You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of SWFLI or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by SWFLI. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. SWFLI does not warrant or represent that your use of Content, Products and Services or any other materials displayed on this Website will not infringe rights of third parties. If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at Swfli@secondwindforlife.org with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
Trademarks and Service Marks – Certain trademarks are the service marks and trademarks of SWFLI or one of its affiliates. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of SWFLI. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of SWFLI.
Connection Requirements – You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Website, and SWFLI reserves the right to change the access configuration of this Website at any time without prior notice.
Prohibited Use – Any use or attempted use of this Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by SWFLI to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by SWFLI, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Website, you agree you will not:
a) Upload or transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any SWFLI representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any material posted by any other person or entity;
k) Manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, www.secondwindforlife.org, in accordance with the Limited License and Site Access outlined above;
l) Probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;
m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Products and Services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;
n) Harvest or otherwise collect information about others, including e-mail addresses; or
o) Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website.
No SWFLI Editorial Control of Third Party Content; No Statement as to Accuracy – To the extent that any of the Content included in the Website is provided by third party content providers or other Website users, SWFLI has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or users on this Website are those of such third party suppliers or users, respectively. SWFLI does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with SWFLI.
Acceptable Use Policy for Forums and Blogs – Our website contains blogs and forums (collectively, "Forums") that permit users to post comments. Please remember that the open and real-time nature of the comments posted to these Forums makes it is impossible for SWFLI to confirm the validity of any content posted. As such, we are not responsible for any messages posted or the consequences of following any advice offered within Forum posts. The views expressed in such posts belong solely to their respective authors and do not necessarily reflect the views of SWFLI. If you find any posts in these Forums to be offensive or objectionable, please contact us via email to the address offered as a contact for the relevant Forum. If we determine that removal of a post or posts is necessary, we will make reasonable efforts to do so in a timely manner.
By using these Forums, you agree to the following:
- By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Forums (collectively, the "content"), you grant SWFLI, its successors and assignees, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, adapt, transmit, publicly perform or display any such content on the site to which it was contributed (or successor site). In plain English, you allow us to continue to display your contributions to the website.
- If you contribute any graphic images or photographs, you accept all liability for any issues that may arise from such content. Please do not submit any images or photographs for which you do not have a current model or property release unless you are otherwise authorized to post such material.
- You will not post any material that is knowingly false, misleading, or inaccurate.
- You will not behave in an abusive and/or hateful manner, and will not harass, threaten, nor attack anyone.
- You will not use profanity in our Forums, and will neither post with language or content that is obscene, sexually oriented, or sexually suggestive nor link to sites that contain such content.
- You will respect other people's right to personal privacy and will not post any other person's identifying information (including their names, contact information or any other relevant information) within the Forum but your own.
- You will not use these Forums to violate any laws nor to discuss illegal activities.
- You will not impersonate any person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting, nor collect or store personal data about other users.
- You will not post any copyrighted material, nor link to any copyrighted material (with the exception of publicly available sites and pages that the legal owners of the copyrights have created to make that material freely available to the general public), unless that copyright is owned by you or by these Forums.
- You will not use these Forums for the purposes of sharing or distributing viruses, licenses, registration information, software keys, "cracks," or other information designed to do harm to or allow unlawful access to any computer hardware, software, networks, or any other systems.
- You will not post advertisements, chain letters, pyramid schemes, or solicitations, all of which are inappropriate and prohibited in the Forums. You will not, furthermore, collect personal information about Forum members for the purpose of sending them any such advertisements, chain letters, pyramid schemes, or solicitations through other means (email, messaging programs, etc.).
- You will not post messages that are clearly outside of the stated topic of any Forums nor disrupt a Forum by deliberately posting repeated irrelevant messages or copies of identical messages (also known as "flooding").
- You will not attempt to access any protected sections of the sites or Forums, nor make use of any hacks, cracks, bug exploits, etc. to bypass or modify the features of the Forum software at any SWFLI site.
- You will, if asked by a representative of the Forums, cease posting any content, and/or links to content, deemed offensive, objectionable, or in poor taste by the staff of the Forums.
We do not and cannot review all of the content of every message posted and do not accept responsibility for the content of any messages. We reserve the right to delete any message and/or restrict posting rights in our Forums for any reason whatsoever. Should you continue to post messages that violate the rules of the Forums, your account may be terminated, your access to the Forums may be banned, and your service provider(s) may be contacted about your behaviour. Furthermore, we expressly reserve our rights under the law to take any other actions we deem necessary.
Disclaimer – Content and other information contained on this Website has been prepared by SWFLI as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. SWFLI has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Website or any other Website maintained by SWFLI. Users relying on Content or other information from this Website do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products and Services, contests, sweepstakes or promotions, but are provided solely for general informational purposes; please refer to the actual contest rules or the relevant product or services agreement for complete terms and conditions. Should you enter a contest, sweepstakes or promotions or purchase a product or service from SWFLI or a third party, the terms and conditions applicable to that transaction will govern such entry or purchase, as applicable, and your use of this Website does not affect that purchase in any manner.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND SWFLI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. SWFLI MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT SWFLI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF SWFLI HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, CONTESTS, PROMOTIONS OR SWEEPSTAKES ENTERED INTO THROUGH THE WEBSITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, PRODUCTS AND SERVICES OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE SWFLI AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Password Accounts, Passwords, and Security – If you have been given the option to open an account on this Website that will provide you with access to password protected portions of the Website and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify SWFLI of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. SWFLI will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SWFLI or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
The Second Wind For Life Initiative, Inc.
P.O. Box 682184
Houston, TX 77268-2184