1. Agreement Between User and the Wong-Baker FACES® Foundation
The Wong-Baker FACES® Foundation (“The Foundation”) Website is comprised of various web pages owned and operated by the Foundation. The term “FACES website” shall hereinafter refer to wongbakerfaces.org and all associated web pages.
The Foundation reserves the right to use information you provide to the website in the aggregate form. This information may be used, but is not limited to, the statistical analysis of website traffic for proprietary use.
3. No Unlawful Use
By accepting these terms of agreement, you agree not to use the FACES website for unlawful purposes. The term “unlawful purpose” is defined as any purpose which is forbidden under a penalty of criminal law in the jurisdiction within which you reside or in which the FACES website may be operated by yourself, an agent, or device under your control. You may not use the FACES website in any manner harmful to the website or the Foundation, including but not limited to actions that could damage, impair, disable, or overburden the servers used by the FACES website and the Foundation.
You also agree not to attempt to not to bypass internal security mechanisms or access private information through the FACES website or its servers. You also agree to comply with all applicable provisions of the Digital Millennium Copyright Act.
4. Liability Disclaimer
THE FOUNDATION MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF INFORMATION OR PRODUCTS PROVIDED BY THE FACES WEBSITE, ITS TIMELINESS, ACCURACY, OR APPLICABILITY TO PARTICULAR SITUATIONS. ALL GRAPHICAL INFORMATION INCLUDED IN THE WEBSITE AND PRODUCTS OFFERED FOR SALE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, WARRANTY OF MERCANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NON-INFRINGEMENT, OR WARRANTY OF TITLE.
THE INFORMATION, GRAPHICS, AND PRODUCTS PROVIDED BY THE FACES WEBSITE, INCLUDING THE WONG-BAKER FACES® PAIN ASSESSMENT SCALE (“THE SCALE”), ARE NOT INTENDED TO DIAGNOSE OR TREAT ANY MEDICAL ILLNESS. THE SCALE SHOULD BE USED AS DIRECTED ONLY. THE INFORMATION, GRAPHICS, AND PRODUCTS OFFERED ON THE FACES WEBSITE SHOULD NOT BE RELIED UPON FOR MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT THE APPROPRIATE PROFESSIONAL TO OBTAIN THOSE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOUNDATION WILL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, ACTUAL, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATED TO THE USE OF THIS WEBSITE OR THE PRODUCTS OFFERED. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES RELATED TO LOSS OF DATA, PERFORMANCE OF THE WEBSITE, COMPUTER VIRUS INFECTION, UNAUTHORIZED ACCESS BY A THIRD PARTY, DISSEMINATION OF CONFIDENTIAL INFORMATION, MEDICAL MALPRACTICE, OR ANY ACTION IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FACES WEBSITE FOR ANY REASON, YOUR EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITE.
5. Choice of Laws
To the maximum extent of the law, this agreement is governed by the laws of the State of Oklahoma, and you hereby consent to exclusive jurisdiction and venue in the courts of Oklahoma County, Oklahoma in all disputes arising out of or related to the use of the FACES website. Use of the FACES website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including without limitation this paragraph.
6. Termination / Access Restriction
The Foundation reserves the right, in its sole discretion, to terminate your access to the FACES website and the related services thereof at any time, without notice. Such a termination may include, but is not limited to, blocking your IP address, removing you from the e-mail list serve, and denying you the ability to download the Wong-Baker FACES® Scale and related materials.
7. Entire Agreement
8. Privacy and Personal Information
9. Perpetuity Rights
When these terms come to an end, or the FACES website ceases to function or offer the services for which you visited the website, the obligations incurred herein will continue indefinitely without cessation or derogation.
All contents of this website are Copyright 2009-2010 of the Wong-Baker FACES® Foundation and its representatives. All rights reserved.
Some of the services of this website may be supported by revenue from advertisement. The advertising services utilized by the Foundation may use information in the aggregate stored on the servers. You agree to the use of such information in this manner. The method of use of this information in advertising and the form of the advertisements may be change at any time without notice to you.
12. Notices and Procedure for Submitting a Copyright Infringement Claim
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Service Contact. ALL INQUIRIES NOT SUBMITTED ACCORDING TO THIS PROCEDURE WILL RECEIVE NO RESPONSE.
13. General Legal Terms
This represents the whole agreement between you and the Foundation. If a court of any jurisdiction rules that one or more provisions of this agreement are invalid, all other provisions will remain in effect.
You agree that the Foundation may provide you with notices, including notice of changes to these terms, by mail, electronic mail, and postings to the FACES website.
14. Copyright Permission
Permission is granted through a copyright license to individual consumers to electronically copy and to print hard copy portions of the FACES web site for the sole purpose of using this site as a resource for pain assessment and research related to that topic. Any other use of materials on the FACES website, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Foundation is strictly prohibited.