Disclaimer Agreement

Operation Compassionate Care (OCC) reserves the right to use any photograph/video uploaded to its website, without the expressed written permission of those included within the photograph/video.

1.

    1. As a condition of your use of this website, you represent and warrant to OCC that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

2.

    This website contains one or more of the following interactive services: photograph/video uploads, bulletin boards, chat areas, news groups, forums, communities, and/or other message or communication facilities.  You agree to use such services only to send and receive messages and material that are proper and related to the particular service, area, group, forum, community, or other message, or communication facility. In addition to any other terms or conditions of use of any photograph/video uploads, bulletin boards, chat areas, news groups, forums, communities, and/or other message or communication facilities, you agree that when using one, you will not:
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, derogatory, defamatory, infringing, improper, obscene, indecent or unlawful topic, name, material or information.
  • Upload files containing software or other material protected by intellectual property laws or by rights of privacy of publicity unless you own or control such rights or have received all necessary consents.
  • Upload files containing viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise any goods or services for any commercial purpose.
  • Offer to sell any goods or services for any commercial purpose.
  • Conduct or forward chain letters or pyramid schemes.
  • Download for distribution in any manner any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Falsify or delete any author attributions, legal or other proper notices, proprietary designations, labels of the origin, source of software, or other material contained in an uploaded file.
  • Restrict or inhibit any other user from using and enjoying any of the bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities.

3.
OCC has no obligation to monitor the bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities. However, OCC reserves the right at all times to disclose any information deemed by OCC as necessary to satisfy any applicable law; regulation; legal process or governmental request; or to edit, refuse to post, or to remove any information or materials, in whole or in part.
4. You acknowledge communications to or with bulletin board services, chat areas, news groups, forums, communities and/or, other message or communication facilities are not private communications. Therefore, others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself. OCC does not control or endorse the content, messages, or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message, or communication facilities, and specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized OCC spokespersons, and their views do not necessarily reflect those of OCC.
5. The information, products, and services included on this website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. OCC may make improvements and/or changes in this site at any time. Advice received via this site should not be relied upon for personal, legal, or financial decisions, and you should consult an appropriate professional for specific advice tailored to your situation.
6. OCC makes no representations about the suitability, reliability, timeliness, and accuracy of the information, products, and services contained on this website for any purpose. All such information, products, and services are provided “as is” without warranty of any kind.
7. OCC hereby disclaims all warranties and conditions with regard to the information, products, and services contained on this website, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
8. In no event shall OCC be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected:

  • With the use or performance of this website.
  • With the delay or inability to use this website.
  • With the provision of or failure to provide services.
  • For any information, software, products, services, and related graphics obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if OCC has been advised of the possibility of damages.

9.
Since certain jurisdictions do not permit or recognize an exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of this website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this website.
10. OCC reserves the right in its sole discretion to deny any user access to this website, any interactive service herein, or any portion of this website without notice, and the right to change the terms, conditions, and notices under which this website is offered.
11. This Disclaimer Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Disclaimer Agreement shall be valid unless made in writing and signed by both of the parties hereto.

12.
This Disclaimer Agreement shall be governed by and construed in accordance with the laws of the State of California. Exclusive jurisdiction and venue shall by in Orange County, California, superior courts.

Binding Effect. This Disclaimer Agreement shall be binding upon all who use OCC’s services, property, and other assets mentioned in this agreement with respect to this website and associated content, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this website. A printed version of this Disclaimer Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.