Terms & Conditions​

This website is an educational and informational service provided by the Kirk Gibson Foundation, a nonprofit corporation (KGF) with the express condition that visitors to and users of the website (collectively, Users) agree to be bound by the terms and conditions (Terms) set forth in this document, as these Terms may be modified from time to time. The access and use of this website constitutes acknowledgment and acceptance of all the following Terms. If you do not agree to abide by these Terms, do not access or use this website or download materials from this website.  These Terms are subject to change by KGF at any time at its discretion. Please consult these Terms regularly, as continued access to or use of the website constitutes agreement to these Terms.

THESE TERMS CONTAIN AN ARBITRATION PROVISION.

Medical Disclaimer

Users acknowledge that the information contained on this website is provided “as is” for general information only. IT IS IMPORTANT FOR THE USER TO UNDERSTAND THAT THIS WEBSITE DOES NOT OFFER MEDICAL ADVICE OR RECOMMENDATIONS, AND INDIVIDUALS SHOULD NOT RELY ON THE INFORMATION POSTED ON THIS WEBSITE AS A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH CARE PROFESSIONALS WHO ARE FAMILIAR WITH INDIVIDUAL MEDICAL CONDITIONS AND NEEDS. KGF STRONGLY RECOMMENDS THAT CARE AND TREATMENT DECISIONS RELATED TO PARKINSON’S DISEASE AND ANY OTHER MEDICAL CONDITION BE MADE IN CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONALS WHO ARE FAMILIAR WITH THE INDIVIDUAL’S SPECIFIC HEALTH SITUATION.  EACH WEBSITE USER ASSUMES ALL RISK OF INJURY FOR ANY ACTIVITY ENGAGED IN OR ATTEMPTED. NOTHING IN KGF’S WEBSITE OR INFORMATION PROMOTED BY KGF WILL GUARANTEE ANY RESULT, INCLUDING BUT NOT LIMITED TO PROGRESS OR STABILIZATION OF BODY FUNCTIONS, BUT IS OFFERED AS A RESOURCE TO DISCUSS AS PART OF A COMPLETE PLAN THAT IS DEVELOPED WITH QUALIFIED HEALTH CARE PROVIDERS.

Disclaimer of Warranty

KGF and its affiliates make no representations with respect to the information, services, products or messages on this website and specifically disclaim any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application, or purpose. KGF and its affiliates make no warranties of any kind regarding the website’s operation, including but not limited to any warranty of accuracy, completeness, timeliness of information, reliability, infringement, merchantability, or fitness for a particular purpose, or any warranty that the website or its pages, or the server that makes them available, are free of viruses, worms, Trojan horses, other harmful elements or other code that manifest contaminating or destructive properties, and such warranties are expressly disclaimed.

THE WEBSITE AND ALL MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER.  

Copyright and Trademark

This site is copyrighted by KGF and we reserve all rights.  Unless otherwise indicated, all information contained on this website, such as text, graphics, logos, button icons, images, audio and video clips, is copyrighted by and proprietary to KGF, its affiliates or its licensors. The content displayed on any page of this website may be used for informational purposes, for personal and noncommercial uses, which do not harm the reputation of KGF or its affiliates, provided that the User does not remove any trademarks, copyright and any other notice contained in such content.  This authorization is not a transfer of any rights in the materials other than those expressly granted.

The name and mark, Kirk Gibson Foundation and its associated logos and taglines, are trademarks of the Kirk Gibson Foundation and may not be used or reproduced for any purpose without prior written consent.  Trademarks of others that may appear on the website are the property of their respective owners. KGF makes no claim to the trademarks of others.

Information Posted on the Website

Except as expressly requested in the website, Users should not provide to KGF any information or materials that they do not want published on the website or presented to other Users of the website.  To the extent that a User provides to KGF any information by [posting it on the website or] submitting to KGF any information for posting on the website (including text, graphic materials, audio, or any other materials):

(1) Such User represents and warrants, to KGF and to all others that access the website, that such User owns, or possesses sufficient rights in, all such information and all such parties may regard such information as publicly disclosable and, in any case, not such User’s confidential information;

(2) Such User represents and warrants that the User has the authority to grant to KGF the right to use the likeness of any person appearing in any graphic material in the commercial promotion of our products and/or services and such User grants to KGF that right;

(3) Such User represents and warrants that the User has the right to upload any materials he or she upload to the website and that such User will not make any use of material while KGF hosts such materials that would violate the rights of any third party;

(4) Such User grants to KGF an exclusive, irrevocable, worldwide, fully-paid, royalty-free license to use, reproduce, display, publicly perform, prepare derivative works from, transmit and distribute such information as KGF sees fit;

(5) Such User grants to KGF the right to sue or to otherwise enforce all intellectual property rights in such materials (including the right to sue for past infringement) including, without limitation any User of the website or other person who copies, replicates, duplicates, or windows any such materials; 

(6) Such User agrees that KGF will not be responsible for the safekeeping of materials uploaded to KGF’s servers, or for any damage caused to electronic media uploaded to KGF’s servers; and

(7) KGF is free to use any ideas, concepts or know-how contained in such information without any compensation or remuneration to any User.

CAN-SPAM, Telephone Consumer Protection Act and Similar Law

Any User’s use of the website establishes a business or other applicable relationship with KGF for purposes of CAN-SPAM, the Telephone Consumer Protection Act, and all other applicable law that addresses unsolicited commercial communications.  By accessing, or continuing to access, this website, a User agrees that KGF, or its agents, may communicate with such User regarding promotion of the sale, lease, or exchange of goods, services, real property, or any other thing of value.

Liability

Users of this website will hold harmless KGF and its affiliates, officers, directors, agents, employees, and volunteers, service providers and contractors from all claims arising out of or related to access or use of, or inability to access or use, this website or the information, services, products or messages contained in this website or other websites to which it is linked, including but not limited to claims that such User has found something heard, viewed or downloaded from this website (or another website to which it is linked) to be obscene, offensive, defamatory, or infringing upon one’s intellectual property rights. In no event will KGF, its affiliates or the contributors of information to this website be liable for any decision made or action taken in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages. Users of this website hereby release and forever waive any and all claims against KGF, its affiliates, officers, directors, agents, employees and volunteers for losses or damages sustained in connection with the use of this website.

Without affecting any other limitation of liability contained in these terms of use or otherwise, and except as limitations may not be imposed, under applicable law:

(a) IN NO EVENT WILL KGF BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF A USER OF THE WEBSITE OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE OR ANY SERVICE RELATED THERETO, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE OR SERVICE RELATED THERETO OR PERSONS INTRODUCED TO A USER OF THE WEBSITE THROUGH THE WEBSITE OR SERVICE RELATED THERETO; and

(b) IN NO EVENT WILL KGF BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE WEBSITE OR ANY SERVICE RELATED THERETO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF KGF KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL KGF’S AND ITS AFFILIATES’ AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS, EXCEED $10.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to certain Users of the website.

Indemnity

Users of this website agree not to interrupt or attempt to interrupt the operation of the website in any way.

Users of this website agree to indemnify and hold KGF, its affiliates, licensors, service providers and contractors (the “Indemnified Parties”) harmless from any breach of these Terms, including any use of content other than as expressly authorized in these Terms. The User agrees that the Indemnified Parties will have no liability in connection with any breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties. The User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of the use of the information accessed from this website.

Governing Law

This website (excluding linked sites) is controlled by the Kirk Gibson Foundation, which is headquartered in Birmingham, Michigan, utilizing servers located in the United States of America. These Terms and use of this website are governed by the laws of the State of Michigan, United States of America without regard to its choice of law provisions. KGF makes no representation that materials on this website are appropriate or available for transmission to or from, or use in, other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, including, but not limited to, laws relating to import and export.

Links from This Website

KGF’s website may contain links to websites of third parties. These links are provided as a convenience for reference only. KGF does not endorse linked sites or any information on such sites. Linked sites are independent entities and KGF does not control or endorse them.

Linking from Other Websites

KGF may grant the owner of a third party website permission to use a hyperlink from its website to the KGF website provided: (a) any such link must clearly be marked “Kirk Gibson Foundation;” (b) the appearance, position and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with the Kirk Gibson Foundation’s name and trademarks; (c) the appearance, position and other aspects of either the link or the host website may not create the false appearance that any other entity is associated with or sponsored by the Kirk Gibson Foundation; and (d) the link, when activated by a user, must display this website full-screen and not with a “frame” on the linked website. The owner of any website with a hyperlink to this website agrees to the foregoing terms and agrees to delete any such link upon notice from KGF that such permission has been revoked, which notice may be given at any time and for any reason.

KGF is not responsible for the information or materials contained on websites linking to this website. Links to this website are provided for convenience of reference only and are not intended as an endorsement by KGF of the organization or individual operating the host website or a warranty of any type regarding the host website or the information on the host website.

Revisions to Terms

KGF reserves the right, at its sole discretion and without any notice, to change, modify, add, or remove any portion of these terms and conditions at any time. Changes in these Terms will be effective when the revised Terms are posted. Any use or continued use of the website after any changes to these Terms are posted will be considered acceptance of those changes. READ THESE TERMS [AND THE RELATED PRIVACY INFORMATION] EVERY TIME YOU ACCESS THE WEBSITE TO MAKE SURE THAT YOU CONTINUE TO AGREE TO THE TERMS.

Changes to the Website

KGF may terminate, change, suspend, or discontinue any aspect of the website, including the availability of any features of the website, at any time. KGF may also impose limits on certain features and services or restrict access to parts or all of the website without notice or liability. KGF may terminate the authorization, rights, and license given above and, upon such termination, Users will immediately destroy all materials that obtained from or through the website and that are in their possession or control.

Limitation of Actions

All Users must commence any suit or other action in connection with use of the website within one year after events giving rise to the claim or cause of action occur.

Partial Invalidity

If, for any reason, a court of competent jurisdiction finds any provision of these Terms [or any privacy policy], or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and the privacy policy, and the remainder of these Terms and the privacy policy shall continue in full force and effect.

[Responsibility for Username and Password]

KGF may provide to Users a username and a password to use in accessing the website.  Until a User notifies KGF otherwise and KGF has had a commercially reasonable time to respond to applicable notice, KGF may, and will, assume that every transaction entered into, every authorization received, and every act or omission undertaken using a username and password are fully authorized by the User to whom such username and password have been assigned.  Except to the extent that a User’s password or account are compromised by KGF’s gross negligence, Users are entirely and absolutely responsible for all activity performed using their usernames and passwords.  

Other Provisions

Certain areas and features of the website may contain terms and conditions specific to those areas and features.  Such terms and conditions are in addition to these Terms and prevail over these Terms and the [privacy policy] only to the extent it is not possible to construe these Terms or the privacy policy consistently with such other terms and conditions.

Dispute Resolution

ANY DISPUTE ARISING OUT OF OR RELATED TO USE OF, OR ASSOCIATION WITH, THE WEBSITE WILL BE SETTLED SOLELY BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION.  THE PLACE OF ARBITRATION WILL BE IN SOUTHEAST MICHIGAN.  THE ARBITRATION WILL BE CONDUCTED IN ENGLISH.  ANY AWARD BY THE ARBITRATION PANEL MAY BE ENTERED IN, AND ENFORCED BY, ANY COURT OF COMPETENT JURISDICTION.

Solely in the case where, and only to the extent that, arbitration is not allowed by law or in the case where either party requires equitable remedies not available through arbitration, any suit or other action arising out of, or in any way connected with, use of the website may be brought only in the courts of the State of Michigan sitting in Oakland County, Michigan or in the United States District Court for the Eastern District of Michigan.  All Users irrevocably consent to the jurisdiction and venue of such courts.