Tough As Nails website and use our products, our materials, electronic products and/or services have several features. In addition to providing descriptions of our programs and how we help others in need the website provides you with the opportunity to shop online through our store or interact with us. We encourage you to read the entire policy as it sets forth our understanding with you when you visit our website or become a part of our Tough As Nails family. These terms and conditions have been developed for your protection, as well as ours.
Throughout this policy you will see the terms “Tough As Nails”, “we”, “our”, and “us”- these terms refer to Tough As Nails, as Washington non-stock corporation with tax-exempt status, pursuant to the Internal Revenue Code Section 501(c)(3). You will also see the terms “I”, “you”, “your”, and “yours”- these terms refer to visitors to, hosts, and users of the website. In the United States, Tough As Nails is the sole owner of the name “Tough As Nails”. Your use of the name and logo and/or links bearing the name and logo acknowledges Tough As Nail’s exclusive ownership of the name and/or right to use the logo. All use of or goodwill associated with the name, logo, our materials, our products, electronic products and/or services will inure the benefit of Tough As Nails or its licensors. The logo, our products, electronic products and services are provided without warranties of any kind, express or implied, including without limitation, warranties of title or non-infringement. Use of our materials, products, electronic products and/or services provided at the site is solely at your own risk.
- LINKING TO THE TOUGH AS NAILS WEBSITE AND USE OF WEBSITE MATERIALS, NAME, LOGO, AND TECHNOLOGY
Tough As Nails appreciates informational and educational uses of the Tough As Nails website, electronic products and/or services, including our name and logo. However, there are limits on the use, including the use of the name and logo and the links bearing the name and/or logo.
- Use of the name and logo or links bearing the name and logo may not indicate or create an impression that Tough AS Nails endorses, approves, sponsors or is affiliated with your products, goods, services or your website.
- Your use of the name and logo or links bearing the name and logo may not indicate or create an impression that Tough As Nails will benefit from the sale of any good or services.
- Links bearing the name and logo may only be used for the purpose of linking to the Tough As Nails website as designated within the link.
- The links bearing the name and logo will always be active links.
- The name and logo and/or link bearing the name and logo may not be combined with any other graphic elements; nor may they be altered in any manner including size, proportions, font, design, arrangement, colors or elements; nor may they be animated, morphed or otherwise distorted in perspective or appearance.
- The name and logo and/or link bearing the name and logo may not appear more prominently than your personal, company, product or service website name.
- You will not transfer, assign, sell, reproduce, distribute or otherwise exploit the name and logo or your link to us.
- The Tough As Nails name and logo and/or link bearing the name and logo may not appear on any pages of of any website that include content or advertising for alcoholic beverages, tobacco, pornography, religious material, partisan material, political material or firearms.
- Appropriate action by Tough As Nails may include, but is not limited to, the revocation of the right to use the name and logo and/or any links bearing the name and logo, in which event you agree to remove the name and logo and/or the links bearing the name and logo within 2 business days of notice of revocation.
It is improper, and may be a violation of law, for you to post or download and distribute any materials that you do not own or for which you do not have permission to use. PLEASE BE AWARE: violations of someone’s copyright, trademark, or other intellectual property rights may subject you to civil and/or criminal penalties.
- INAPPROPRIATE USE OF TOUGH AS NAILS MATERIALS, PRODUCTS, ELECTRONIC PRODUCTS AND SERVICES AND/OR TECHNOLOGY
It is inappropriate to use Tough As Nails website, our materials, including the Tough As Nails name and logo, products, electronic products and/or services for illegal, inappropriate or obscene purposes, or in support of such activities.
We define these terms as follows:
“Illegal activities” are those that violate laws, regulations and/or private agreements, including federal or state laws governing charitable activities, copyright laws, trademark laws, license agreements or other intellectual property rights.
Listed below are some, but not all, prohibited activities that may result in action by Tough As Nails:
- Posting, transmitting, or facilitating in the promotion of illegal content through our website or electronic products and services.
- Using our website, our materials or products, electronic products and/or services to harass, threaten, embarrass, or do anything else to another visitor or third party that is unwanted.
- Transmitting or facilitating distribution of content that is untrue, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, or objectionable.
- Using the name and logo or links bearing the name and logo on websites which Tough As Nails finds, in its sole discretion, to be objectionable or which includes obscene, violent, intolerant, tasteless, denigrating or sexually oriented content or materials.
- Disrupting the flow of any chat areas with vulgar language, abusiveness, or other conduct that may disrupt normal activities.
- Pretending to be anyone whom you are not. You may not impersonate Tough As Nails staff or volunteers, or anyone else.
- Attempting to get a password, other account information, or other private information from others, or harvest email addresses or other information.
- Posting any unsolicited content or designs, including advertising and promotional materials, at our website.
- Tough As Nails reserves the right to make any change to the information and/or license provided herein at any time for any reason. You acknowledge and agree that you are responsible for keeping up with any such change.
- Federal and Washington state law shall govern this agreement.
- WARRANTY DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SITE IS PROVIDED ON AN “AS AVAILABLE”, “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW TOUGH AS NAILS AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. TOUGH AS NAILS DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR SPECIFICALLY ACKNOWLEDGE THAT TOUGH AS NAILS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXT3ENT PERMITTED BY LAW, IN NO EVENT WILL TOUGH AS NAILS OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, EVEN IF TOUGH AS NAILS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF TOUGH AS NAILS AND ITS SUPPLIERS/LICENSORS UNDER THESE TERMS OF SERVICE FOR ALL DAMAGES, LOSSES, AND CAUSE OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITE.
Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.
- OTHER DISCLAIMERS
- The Site and the information contained herein is provided for informational and educational purposes only, and could include technical inaccuracies or typographical errors.
- Information on the Site is provided with the understanding that Tough As Nails is not rendering professional advice or recommendations. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs.
- DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Tough As Nails is committed to complying with copyright and related laws, and requires all users of the Site to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content through the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Tough As Nails to terminate your privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Tough As Nails by the copyright owner or the copyright owner’s legal agent.
If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. The designated agent of Tough As Nails (i.e., the proper party) to whom you should address such notice is listed below.
If you believe that your work has been copied and posted using the Site in a way that constitutes copyright infringement, please provide our designated agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located to permit us the locate the material;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information contained in your report is accurate and hat you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our designated agent for notice of claims of copyright infringement can be reached as follows: firstname.lastname@example.org