These Terms of Use govern your access to and use of the ILACalifornia.org and its related family of websites (defined as the “Site” or “Sites”). Your access to and use of ILACalifornia.org are expressly conditioned on your compliance with these Terms of Use. By accessing or using ILACalifornia.org, you agree to be bound by these Terms of Use, our Privacy Policy, and any other terms, guidelines or rules that are applicable to any portion of ILACalifornia.org that you may access, without limitation or qualification. For purposes of these Terms of Use, all references to “ILACalifornia.org” or the “Site” include the Independent Living Association, Community Health Improvement Partners, and any of their affiliates, subsidiaries and related Sites.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ILACALIFORNIA.ORG.

BY ACCESSING AND/OR USING ILACALIFORNIA.ORG (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME.

THESE TERMS OF USE REQUIRE YOU TO GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU.

READ THEM CAREFULLY AND DO NOT USE ILACALIFORNIA.ORG OR UTILIZE OUR SERVICES IF YOU DO NOT AGREE.

YOU AGREE THAT THESE TERMS OF USE ARE SUPPORTED BY GOOD AND VALUABLE CONSIDERATION THE RECEIPT AND SUFFICIENCY OF WHICH YOU HEREBY ACKNOWLEDGE. SUCH CONSIDERATION INCLUDES, WITHOUT LIMITATION, YOUR USE OF ILACALIFORNIA.ORG AND THE MATERIALS AND INFORMATION AVAILABLE ON THE SAME AND THE POSSIBILITY OF PUBLICATION OR PUBLICITY OF YOUR “USER GENERATED CONTENT”.

Modification of ILACalifornia.org or Terms of Use

You acknowledge and agree that ILACalifornia.org reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which ILACalifornia.org is offered anId the services, features, links, content, information and any other materials offered via ILACalifornia.org at any time and from time to time without notice or further obligation to you. By continuing to access or use ILACalifornia.org after ILACalifornia.org makes any such modifications, alterations or updates, you agree to be bound by such modifications, alterations or updates.

Registration and Passwords

If you open an account, register or provide certain information via ILACalifornia.org, you agree to complete the account initiation, registration or other process by providing ILACalifornia.org with current, complete and accurate information as requested by any forms. You are responsible for safeguarding any password that you use to access any areas of ILACalifornia.org. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions, including for any actions that are in breach of these Terms of Use. You will immediately notify ILACalifornia.org of any unauthorized use of your password.You will immediately notify ILACalifornia.org of any unauthorized use of your password.

ILACalifornia.org Intellectual Property Rights

All right, title and interest in and to all content, text, images and other materials on ILACalifornia.org are either owned or licensed by us or by a third party, and are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use content, text, images and other materials on ILACalifornia.org. You must keep intact, and may not remove or alter, any copyright or other proprietary notices on any content, text, images or other materials offered via ILACalifornia.org. You may not copy or modify the HTML code used to generate web pages on ILACalifornia.org.

All trademarks, service marks and trade names that appear on ILACalifornia.org are proprietary to ILACalifornia.org, its affiliates or other respective owners. You may not display or reproduce these trademarks, service marks or trade names other than with the prior written consent of ILACalifornia.org, and you may not remove or otherwise modify any trademark notices from any content, text, images or other materials received through ILACalifornia.org.

Your Use of the Content

ILACalifornia.org authorizes you to view, copy, download and print a single copy of any content available on ILACalifornia.org, provided that:

• if you are a consumer of Independent Living services (or a representative or family member of such a consumer), the content is used solely for personal, non-commercial purposes; and, if you are an Independent Living owner or manager, the content is used only for the purposes of using the services expressly offered by ILACalifornia.org;
• the content is not modified or redistributed; and
• all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such content, in each case, subject to the restrictions set forth in these Terms of Use.

Except for this permitted use, you may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from ILACalifornia.org. The content available through ILACalifornia.org is the sole property of ILACalifornia.org or its licensors and is protected by patent, copyright, trademark, trade secret and other intellectual property laws.

No Unlawful or Prohibited Use

A condition of your use of ILACalifornia.org, you warrant to ILACalifornia.org that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of ILACalifornia.org and any related activities. In addition, you warrant that you will not use ILACalifornia.org in any way prohibited by these terms, conditions and notices. If you violate any of these Terms of Use, your permission to use ILACalifornia.org will automatically terminate. ILACalifornia.org reserves the right to revoke your access to and use of ILACalifornia.org at any time, with or without cause.

General Prohibitions

You agree not to do any of the following while using ILACalifornia.org:

• Post, publish or transmit any text, graphics or material that:
  • is false or misleading;
  • is defamatory;
  • invades another’s privacy;
  • is obscene, pornographic or offensive;
  • promotes bigotry, racism, hatred or harm against any individual or group;
  • infringes another’s rights, including any intellectual property rights; or
  • violates, or encourages any conduct that would violate, any applicable law or regulation, including Fair Housing laws and regulations, or could give rise to civil or criminal liability;
• Access, tamper with or use non-public areas of ILACalifornia.org, ILACalifornia.org’s computer systems, or the technical delivery systems of ILACalifornia.org’s providers;
• Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
• Attempt to access or search ILACalifornia.org, for purposes other than those permitted by these Terms of Use, with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by ILACalifornia.org or other generally available third party web browsers;
• Send unsolicited email, junk mail, spam or chain letters, or promotions or advertisements for products or services;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use ILACalifornia.org to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide ILACalifornia.org;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing ILACalifornia.org; or
• Impersonate or misrepresent your affiliation with any person or entity.

ILACalifornia.org will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. ILACalifornia.org may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that ILACalifornia.org has no obligation to monitor your access to or use of ILACalifornia.org, but has the right to do so for the purpose of operating ILACalifornia.org, to ensure your compliance with these Terms of Use or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Links and Conditions for Linking to Website

ILACalifornia.org may contain links to third-party websites or resources. You acknowledge and agree that ILACalifornia.org is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ILACalifornia.org thereof or the content, products or services available from such websites or resources. If you decide to access any such third party websites or resources, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.

We hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Website home page from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure us, so long as ILACalifornia.org where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.

Use of ILACalifornia.org at Your Own Risk

Your access to and use of ILACalifornia.org is at your own risk. ILACalifornia.org will have no responsibility for any harm to your computer system, loss of data or other harm that results from your access to or use of ILACalifornia.org.

ILACalifornia.org is Available ‘AS-IS’

ALL CONTENT PROVIDED ON ILACALIFORNIA.ORG IS PROVIDED SOLELY FOR YOUR CONVENIENCE, MAY BE USED FOR INFORMATIONAL OR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN ILACALIFORNIA.ORG AND YOU, EXCEPT FOR THESE TERMS OF USE AND THE ILACALIFORNIA.ORG PRIVACY POLICY. WITHOUT LIMITING THE FOREGOING, ILACALIFORNIA.ORG IS PROVIDED ‘AS IS’, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ILACALIFORNIA.ORG EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

ILACALIFORNIA.ORG MAKES NO WARRANTY THAT ILACALIFORNIA.ORG WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS.

ILACALIFORNIA.ORG MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED THROUGH ILACALIFORNIA.ORG, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ILACALIFORNIA.ORG. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ILACALIFORNIA.ORG OR THROUGH ILACALIFORNIA.ORG, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify and hold harmless ILACalifornia.org, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of ILACalifornia.org or your violation of these Terms of Use.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ILACALIFORNIA.ORG NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING ILACALIFORNIA.ORG WILL BE LIABLE FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, ILACALIFORNIA.ORG, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ILACALIFORNIA.ORG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT ILACALIFORNIA.ORG 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. FURTHER, ILACALIFORNIA.ORG WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM ILACALIFORNIA.ORG OR THROUGH THE SERVICES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF ILACALIFORNIA.ORG TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF ILACALIFORNIA.ORG, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO ILACALIFORNIA.ORG FOR ACCESS TO AND USE OF ILACALIFORNIA.ORG, CONTENT OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ILACALIFORNIA.ORG AND YOU.

Construction

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. The failure of ILACalifornia.org to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

Use of ILACalifornia.org is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in San Diego County, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use, and the other policies, terms, guidelines and rules referenced herein, constitute the entire and exclusive agreement between ILACalifornia.org and you regarding ILACalifornia.org, and supersede and replace any prior agreements between ILACalifornia.org and you regarding ILACalifornia.org.

If you have any questions about these Terms of Use, please contact ILACalifornia.org at: info@ILACalifornia.org or the Independent Living Association, 5095 Murphy Canyon Road, Ste 105, San Diego, CA 92123