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Terms of Use

Your use of this Web site (as defined below) is governed by the provisions contained in these Terms and Conditions (the “Terms and Conditions”). Please take a few minutes to review these provisions. Your use, or access, of the Web site constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE WEB SITE.

Use Of This Web Site: The content provided by The Dave Nee Foundation (“The Foundation”) on www.daveneefoundation.org (the “Web site”) is made available for your personal, non-commercial use only.  This Web site is for informational purposes only.  You may access and use this Web site solely pursuant to these Terms and Conditions for your personal, non-commercial use.

The diagnosis and treatment of depression and other psychiatric disorders requires a trained medical professional. Information contained in this Web site reflects the opinions of The Foundation and its board of directors, and is intended for informational purposes only. It should NOT be used as a substitute for professional diagnosis and treatment of any medical/psychiatric disorders. Please consult a medical professional if the information here leads you to believe you or someone you know may be depressed.

Unauthorized Use: You may not use this Web site for any commercial purpose. You may not use spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Web site. You may not take any action to interfere with the Web site or any other user’s use of the Web site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Web site. You may not send unsolicited e-mail, including promotions and/or advertising of products or services, through the Web site or forge or mask your true identity in any e-mail or posting.

Authorship:  The works of authorship contained in the Web site, including but not limited to all design, text and images are owned, except as otherwise expressly stated, by The Foundation to the extent they were not originally created and owned by GoDaddy.com (“GoDaddy”) for use in GoDaddy’s web site creation software. These publications may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without The Foundation’s prior written consent, except to the extent that such use constitutes “fair use” under the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and except for one temporary copy in a single computer’s memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with an attached copy of this page containing our Copyright Notices and Disclaimer.

Links:  Upon prior written consent, you may provide a hypertext link to this Web site on another web site, provided that (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with The Foundation’s name and trademarks, (b) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by The Foundation, (c) the link, when activated by a user, must display this Web site full-screen and not within a “frame” on the linked web site, and (d) The Foundation reserves the right to revoke its consent to the link at any time in its sole discretion.

This Web site may contain links to other web sites not maintained by The Foundation. We encourage you to be aware when you leave our Web site and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites. Proprietary Rights: All pages and content within this Web site, including but not limited to, the software which operates the Web site, text, graphics, photographs, articles or other materials, are the intellectual property of, or are authorized for use by, The Foundation. Except as expressly permitted in these Terms and Conditions, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available on this Web site without the prior written consent of The Foundation.

Changes: These Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them here. You should check this page for such changes frequently. Your continued access of the Web site conclusively demonstrates your acceptance of those changes.

Disclaimer: The content contained on this Web site may not be up-to-date or accurate. THE WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE FOUNDATION MAKES NO  REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE. FURTHER, THE FOUNDATION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FOUNDATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOUNDATION SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL THE FOUNDATION BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Personal and Non-Personal Information: When using the Web site, in order to utilize some of the services such as email alerts and updates, you may be asked to provide, or you may chose to provide, certain personally identifiable information about yourself such as your name and email address (“Personal Information”). The Foundation has no intention of collecting Personal Information from children under the age of 13 years old. The law and good citizenship require us to give special treatment to minors. Therefore, please be aware that we may require users that we learn are under 18 years of age to comply with applicable legal requirements. If we become aware that such requirements apply to you, we will notify you of any impact to your use of this site.

Information Usage: When a user sends an email message to us, such user indicates an interest in the Foundation’s activities and Personal Information may be used for the purposes of communicating with such user. By providing Personal Information on the Web site, you consent to receive information and updates about the Foundation. The Foundation will not sell or rent any Personal Information to any third party. Except as required by law, specifically authorized by you or in connection with the maintenance and operation of this Web site the Foundation will not share Personal Information with any third party.

At anytime you may request to have your information deleted from our records by sending a request to info@daveneefoundation.org.

Indemnification:  You shall indemnify, defend and hold harmless The Foundation, its directors, and its content providers against any losses, expenses, costs, or damages incurred as a result of your breach of these Terms and Conditions, or your unauthorized use of the content of the Web site.

Governing Law: The laws of the State of New York shall govern these Terms and Conditions. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS OF NEW YORK COUNTY, NEW YORK.

To Contact Us:  If you have any questions, concerns or would like further clarification, please email us at info@daveneefoundation.org or write us: Terms of Use and Privacy Policy, The Dave Nee Foundation, P.O. Box 231487, New York, NY 10023.