Last updated: March 20, 2016
We have developed this Policy to advise you as to what information we collect through the Site and the Software, whether personally identifiable or not, how we collect it, how we use it, how we share it, and how we protect it. By accessing or using the Site and Software, you hereby agree to comply with and be bound by this Policy and the terms and conditions discussed herein. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE THE SITE, SOFTWARE, SERVICES, OR CONTENT.
Please be advised that we may revise this Policy at any time. We will notify you of any changes by posting a revised Policy on the Site. Accordingly, please review this Policy whenever you visit the Site, or from time to time before you access the Software, in order to familiarize yourself with any changes. Your ongoing use of the Site, Software, Services, and Content following our posting of a revised Policy will constitute your acceptance of the Policy as revised.
1. Medical Information Disclaimer
All content on this Site regarding medical conditions or treatments is provided by the Owner for informational and educational purposes only. The Owner does not provide medical advice or respond to requests for medical advice on this Site, and the information contained therein should not be used in lieu of medical advice provided by your health care provider. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a health care provider, or to be a substitute for the medical advice of a health care provider. Using, accessing, and/or browsing this Site and/or providing personal or medical information to the Owner does not create a physician-patient relationship between you and the Owner. You should properly consult a health care provider in all matters relating to your health and should not make any health- or medical-related decision based in whole or in part on anything contained in the Site. Nothing read on this Site should be relied upon to replace or overrule your health care provider’s judgment or clinical diagnosis. If you seek specific medical advice, please contact your health care provider for information or advice regarding medical problems and treatment. If you are experiencing an emergency, call 911 or your local emergency assistance number.
2. General Information Disclaimer
All opinions and thoughts expressed in the Site reflect solely the personal views and opinions of the Owner; they do not reflect the opinions of the organizations, businesses, or institutions with which the Owner or its employees or agents may be affiliated. Any opin¬ions of the Owner on the Site are or have been ren¬dered based on spe¬cific facts, under cer¬tain con¬di¬tions, and sub¬ject to cer¬tain assump¬tions, and may not and should not be used or relied upon for any other pur¬pose, includ¬ing, but not lim¬ited to, for use in or in con¬nec¬tion with any legal pro¬ceed¬ing.
The information contained within the Site may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. The Owner undertakes no obligation to update any information on the Site; provided, however, that the Owner reserves the right to make alterations or deletions to the information at any time without notice in the Owner’s sole and absolute discretion.
3. Collection of Personal Information
We collect personally identifiable information when you create an account and/or access your account through the Site and/or the Software. Information that we collect from you may include your name, email address, mailing address, date of birth, and gender (collectively, all such personally identifiable information “Personal Information”). In addition, we may request that you provide credit card or other payment information in order that we may collect and process membership dues and other payments. There may be other occasions not specifically identified in this Policy when we may ask you to provide us with Personal Information. In some cases, if you decline to share information with us, then we may not be able to provide you with certain services through the Site and/or the Software.
In consideration of your use of the Site, you represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form and (b) maintain and promptly update all such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
If you wish to delete any Personal Information that you have provided, subject to your understanding that certain deletions may affect our ability to provide certain Services to you, you may do so by accessing your account through the Site or Software.
4. Automatically Collected Information
When you use the Site or Software, we may use technology to automatically collect non-personally identifiable information, including:
• The dates and times that you accessed the Site or Software, or logged in to your membership account.
• The pages that you visited on the Site, features that you accessed within the Software, and any Content that you accessed or viewed.
• Any searches that you performed on the Site or through the Software.
We may use analytic tools in connection with such automatically collected non-personally identifiable information to better understand who is using the Site and Software (and how they are using it), and to manage and improve the Site and Software.
5. Email Information
We may provide forms on the Site and within the Software in order to enable you to contact us directly. The Personal Information you submit to us through any such forms is used to respond directly to your questions or comments. We may also file any of your comments, so that we may improve the Site and Software. All information other than the Personal Information that you send to us using these forms will not be considered or treated as confidential. Accordingly, please do not send to us any information, ideas, suggestions, proposals, or comments that you consider confidential and/or that you wish to be treated as confidential.
6. Use and Sharing of Your Personal Information
We use your Personal Information to respond directly to your inquiries, deliver membership information and administrative notices, provide membership services (including processing dues and other payments), and customize and troubleshoot problems with the Site and Software. We may also use Personal Information and other collected information as follows:
• To generate aggregate usage metrics.
• To improve the way the Site and Software work and look.
• To improve our marketing and promotional efforts.
• For other non-marketing or administrative purposes (such as customer service purposes).
We may share your Personal information with our affiliates, service providers, partners, and other third parties (“Service Partners”) to provide the Services described herein to you, including the processing of dues and other payments. We may also share our user lists, which lists may include your name and/or email address, with other associations or companies that may have products or services of interest to you. Except as explicitly stated herein or otherwise agreed by you in a separate agreement, we will not share your Personal Information with any third parties.
You acknowledge, consent and agree that we or our authorized agents may access, preserve and disclose your account information, Content, and/or Personal Information if required to do so by law, in the event of bankruptcy proceedings, or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Policy; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; (v) take precautions against liability; (vi) protect us or our affiliates form fraudulent, abusive, or unlawful uses; or (vii) protect the rights, property or personal safety of the Owner, users and the public. We cannot and do not guarantee that other users of the Site will comply with the above stated terms.
8. Opt-Out Policy
You may modify or correct your Personal Information, or delete certain Personal Information at any time by accessing your membership account through the Site or Software or by contacting us at GoFor20.com. To protect your privacy and security, we may require you to enter your account username and password before allowing you access to your account. If you no longer wish to receive membership information or notices from us, or if you do not want us to share your information with third parties prospectively, you can opt-out by changing your preferences within your account.
Please note that we do not control communications between you and third parties. Please refer to third parties’ policies in order to determine their opt-out procedures.
We undertake reasonable steps to protect your Personal Information from unauthorized or accidental access, disclosure, misuse or processing, or from alteration, destruction, or loss. However, as no security measures are perfect or impenetrable, we cannot guarantee the security of any information you transmit to us. Please use reasonable precautions, including safeguarding your username and password, in order to prevent unauthorized access of your account. If you believe that someone has obtained your username or password, or otherwise accessed your account without authorization, please notify us immediately at GoFor20.com.
10. Children's Privacy
We do not knowingly collect or maintain information from persons under 13 years of age, and no part of our Site or Software is designed to attract anyone under 13. If you are under 13 years of age, please do not use or access the Site or Software at any time or in any manner. If we learn that the Personal Information of persons under the age of 13 has been collected through the Site or Software, we will take the appropriate steps to immediately delete this information. In addition, if you are older than 13 but younger than 18, you may use this Site only if your parent or legal guardian consents to your use of the Site, assumes the obligations provided in the Policy, and assumes full responsibility for your use of the Site. If you are the parent or legal guardian of a user of this Site who is under 18 years old, you consent to such user’s use of the Site, assume the obligations provided in the Policy, and assume full responsibility for such user’s use of the Site.
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not the Owner, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. We do not control all Content posted or transmitted via the Site and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.
You further agree not to use the Site to:
a. upload, post, email, transmit or otherwise make available (by linking from the Site or otherwise) any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or harmful;
b. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or other relationships;
c. upload, post, email, transmit or otherwise make available any Content that infringes the intellectual property rights of any party, misappropriates any trade secret of any party, or breaches any right of confidentiality of any party;
d. interfere with any other user’s use and enjoyment of the Site, including, without limitation, spamming or sending unsolicited mailings to any person or entity, impersonating any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e. engage in any illegal activities, or advance any unlawful purpose, including engaging in, or attempting to engage in, any criminal activity, including, without limitation, child pornography, stalking, sexual assault, fraud, harassment, or conspiracy to commit any criminal activity; or
f. submit, post, upload, distribute, or otherwise make available any material that may contain a computer virus or other harmful material, or otherwise impair, interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
12. Sites/Message Boards
To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (“Postings”), please be advised that Postings do not necessarily reflect the views of the Owner. In no event shall we assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize us to use, and authorize others to use, your Postings in whole or in part, 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 other material of any kind or nature. Without limiting the foregoing, we will have the right to use and change the Postings in any manner that we may determine. Additionally, we may sweep the Site’s blogs and/or message boards periodically in our sole discretion. We do not allow Postings that contain:
• private or personal information that might identify a user without that user’s permission;
• profanity or obscenities;
• personal attacks on other individuals;
• slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or
• other information that we deem in our sole discretion to be inappropriate for this Site.
The blogs/message boards may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although we periodically monitor the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, we will make every effort to ensure that the blogs/message boards best serve the interests of all users and, therefore, we reserve the right to refuse to post, edit, or delete messages that violate the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules. If you believe that any content on the Site (including, without limitation, Postings) violates this Policy, please send a message to us. We cannot guarantee that we will respond to your message, and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
Also, because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Any concerns regarding any external web site should be directed to that web site’s respective administrator, system operator, or web master.
14. Intellectual Property
We, and our licensors, own all right, title and interest in and to the Site and Software, and all proprietary Content provided in connection therewith, including all intellectual property rights therein. All rights not expressly granted to you herein are expressly reserved to us.
Modification or use of the Site, Software, or any proprietary Content for any purpose other than as expressly permitted herein, on the Site, or through the Software, is strictly prohibited. No right, title, or interest in any intellectual property underlying the Site, Software, and proprietary Content is transferred to you as a result of accessing or using it. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, link to or frame in another website, use on any other website, transfer or sell any proprietary Content obtained from the Site or through the Software, without our express written permission. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” and “data mining.” In addition, you may not directly or indirectly decompile, disassemble, decipher, reverse engineer, reengineer or otherwise attempt to derive source code or the underlying ideas, algorithms, structure or organization from the Software.
All trademarks, service marks, and logos (“Trademarks”) displayed on the Site and/or through the Software, with or without attribution, are our, or third parties’, registered and/or unregistered trademarks. Nothing in or on the Site or Software should be construed as granting, by implication, estoppel, or otherwise, any license or right in or to the Trademarks without our and/or the applicable third parties’ express written permission.
15. Special Note to International Users
The Site is hosted in the United States and is intended for and directed to users in the U.S. If you are an individual accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from U.S. laws, please be advised that, through your continued use of the Site, which is governed by U.S. law and this Policy, you are transferring your personal information to the U.S., and you consent to that transfer.
16. Notice of Privacy Rights to California Residents
CALIFORNIA USERS: YOUR CALIFORNIA PRIVACY RIGHTS. For residents of California only. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of customers’ personal information with third parties for direct marketing purposes. Those businesses are required to provide certain information upon request to customers regarding the disclosure of such customer’s personal information for the third party’s direct marketing purposes. Businesses are required to honor only one request per calendar year. Businesses have thirty (30) days to respond to each inquiry. Each inquiring customer will receive an explanation of the categories of customer information shared and the names and addresses of the third party businesses. In limited circumstances, customers’ failure to submit requests in the manner specified will not require a response from the business.
If you are a current California resident and have provided your personal information to us, you may request such disclosure from us by sending correspondence, noting your name, address and email address. You must also include a request that we provide such disclosure to you by using the following or similar verbiage: “I request that Upper Extremity Resource provide its third party information sharing disclosures required by section 1798.83 of the California Civil Code.” The request may be made by email or standard mail to the address found below.
17. Disclaimer of Warranties
The Site and Software and any Services or Content provided in connection with the Site and Software are provided “as is,” without warranties or conditions of any kind, whether oral or written, express, implied, statutory, or otherwise. We make no representations, warranties, or guarantees as to whether the Site, Software, and any Services or Content provided therewith are accurate, complete, or current. We specifically disclaim all implied warranties and conditions, including, without limitation, warranties of merchantability, non-infringement, and fitness for a particular purpose, to the maximum extent permitted by applicable law. In particular, we make no representation or warranty that the Site, Software, and any Services or Content provided therewith, or your use of any of the foregoing, will not infringe any patent or other proprietary right of any other person.
18. Limitation of Liability
Your use of the Site, Software, and any Services or Content provided therewith is entirely at your own risk. You understand and agree that in no event shall we, or our trustees, officers, employees, agents, or representatives, including Service Partners and other affiliated parties, be liable to you or to any other person or entity (i) for any loss or injury caused in whole or in part by relying upon, using, or interpreting information obtained through this use of the Site, Software, and/or any Services or Content provided therewith; or (ii) for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, loss of revenue, or business liabilities arising out of or relating in any way to the Site, Software, and any Services or Content provided therewith, including, without limitation, your use or inability to use any of the foregoing, whether or not any parties have been advised of the possibility of such damages.
You acknowledge and agree that your sole and exclusive remedy for dissatisfaction with the Site, Software, and any Services or Content provided therewith is to discontinue all use of the same.
You further acknowledge that the Site, Software, and any Services or Content provided therewith are not intended to constitute the practice of medicine or the furnishing of medical, nursing, or professional health care advice, diagnosis, consultation, treatment, or services in any jurisdiction.
You agree to indemnify, hold harmless, and defend us, and our subsidiaries, affiliates, officers, agents, employees, partners and licensors from and against any action, cause, claim, damage, debt, demand, or liability, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of or relating to this Policy and/or your use of or inability to use the Site.
20. Suspension of Site
We reserve the right at any time and from time to time to discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any suspension or discontinuance of the Site.
You agree that we may terminate your access to or use of the Site, in whole or in part, for violations of this Policy and/or requests by authorized law enforcement or other government agencies.
22. Contact Information
If you have any questions or complaints regarding how your Personal Information is treated under this Policy or generally about the implementation of the principles of this Policy, we encourage you to first contact us at:
GoFor20.com – “Contact Us”
23. Entire Agreement
This Policy constitutes the entire agreement between you and the Owner and governs your use of the Site, superseding any prior agreements between you and the Owner with respect to the Site.
24. Choice of Law and Forum
This Policy and the relationship between you and the Owner shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding any conflict of law, rules, or principles. Nothing in this Section 24 shall prevent us from seeking equitable relief where applicable, including, without limitation, injunctive relief or specific performance. You hereby consent to the exclusive jurisdiction and venue of any federal or state court in the County of Chesterfield, Virginia for any actions arising out of or related to the Site, Policy, Services, Software, or Content.
25. Waiver and Severability of Terms
The failure to exercise or enforce any right or provision of this Policy shall not constitute a waiver of such right or provision. If any provision of this Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Policy remain in full force and effect.