Terms of Service
1. About Operation Smile and these Terms of Service
Operation Smile, Inc. (hereinafter referred to as "us" or "we") is an organization dedicated to free the enterprise tech support community from the restraints of access barriers and geography, and from the inefficiency of traditional phone-based and on-site support by supporting and facilitating information exchange and networking. The Operation Smile Community web site aims to help its users find, and make a journey to reliability by providing access to peers and to the best subject matter experts in the world, thought-provoking commentary, a supportive community and related services through the domain name www.operationsmile.org/MVAC (the "Site"). These Terms of Service ("TOS") set forth the legally binding terms that govern your use of the Site. You may choose to simply browse Operation Smile Content on our Site as a "Visitor" or you may choose to register with Operation Smile and become a "Member" so that you can join some of our communities, join our professional networking programs, or post materials on our Site.
The Site includes a wide variety of resources including articles, blogs, body of knowledge, message boards, groups, videos, photo galleries and other materials that we put on the Site (the " Operation Smile Content") as well as ideas, suggestions, opinions, comments, and observations made by Visitors and Members, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us or posted on the Site by Visitors and Members (all of which are referred to as "User Content"). When we use the term "Content", we mean both Operation Smile Content and User Content collectively.
Whether you are a Visitor or a Member, by using this Site you are agreeing to be bound by these TOS. If you become a Member, there are some additional rules that apply to you--see paragraph four below. If you do not agree to the terms of service, please do not use the site.
By using the site you are indicating that you are at least 18 years old. If you are not at least 18 years old, please do not enter the Site.
2. About What's on Our Site
Please remember the following with respect to what is on our Site:
Third parties may not advertise or promote certain products or services on the Site unless given permission in an advance arrangement with Operation Smile. Descriptions, images or listings of, or links or references to, products or services on the Site do not imply Operation Smile endorsement of such products or services. Operation Smile is not responsible in any manner for such third party products and services.
Sweepstakes, Contests, and Games.
Any sweepstakes, contests, and games that are accessible through the Site are governed by specific rules, which are linked from the particular activity. By entering such sweepstakes or contests or participating in such games you are subject to those rules-please remember to read them carefully.
The Site may provide links to other Internet websites or resources ("Linked Sites"). Operation Smile neither controls nor endorses such Linked Sites, nor have we reviewed or approved any content that appears on such Linked Sites. Operation Smile is not responsible in any manner for any content, advertising, products or other materials on or available from any Linked Sites, and Operation Smile shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods and services available on or through any Linked Site.
We have no obligation to monitor, filter or prescreen User Content, websites created or linked to by our Members, message boards or any other materials that you or third parties transmit to or post on the Site. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site, including User Content.
Disclaimer regarding Professional Advice.
Your use of the Site is at your own risk. OPERATION SMILE Content contains information, data, advice, text and other materials compiled from a variety of third party sources. OPERATION SMILE in no way endorses any of these materials, which are provided for your convenience, and are solely intended to broaden user understanding and knowledge of remote support topics.
3. Registration Obligations
If and when you register to become a Member, you agree to: (a) provide true, accurate, complete, and current information (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Site and/or remove any User Content you have provided from the Site.
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username, password and/or domain name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by us in our sole discretion. You are responsible for ensuring the confidentiality of your username and password, and you agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by immediately emailing us at firstname.lastname@example.org
. You are solely responsible for any and all activities, whether by you or anyone else (including without limitation purchases) conducted through your account.
4. Member Rules of Conduct and User Content
OPERATION SMILE provides tools for Members to create content such as blogs, profiles, photo albums, video galleries and other materials. OPERATION SMILE also hosts community message boards and other forums on the Site. Members are expected to abide by the Rules of Conduct that are set forth at https://www.operationsmile.org/MVAC/GUIDELINES
If you are a Member and you fail to comply with the Rules of Conduct or these Terms of Service your access to the Site may be terminated.
You are solely responsible for the User Content you post on or through the Site and the consequences of posting such User Content. By posting such User Content, you represent and warrant to us that you have the necessary licenses, rights, consents and permissions to enable inclusion of the User Content in the manner contemplated by this Site and these TOS. You agree that you will not post User Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post such User Content.
We may remove any User Content and/or disclose such User Content and the circumstances surrounding its transmission to any third party in order to: (a) operate the Site properly; (b) to protect ourselves, our sponsors, and our Members and Visitors; and (c) comply with legal obligations or governmental requests. You agree that any User Content posted to the Site is the sole responsibility of the individual who originally posted the User Content, and that your sole recourse for any damage you may suffer as a result of such User Content shall be to such individual.
5. Changes to these Terms of Service
OPERATION SMILE reserves the right at any time to: (a) change the terms and conditions of these TOS; (b) change the Site, including eliminating or discontinuing any particular type of Content on or feature of the Site; or (c) change any fees or charges associated with use of the Site or for any products or services offered for sale or otherwise available on the Site. Any changes we make will be effective immediately upon notice, which we may provide by posting the changes on the Site or via electronic mail. Your use of the Site after such notice will be deemed an acceptance of such changes. Be sure to review this TOS periodically to ensure familiarity with the most current version.
6. Jurisdictional Issues
OPERATION SMILE makes no representation that materials on the Site are appropriate or available for use in locations other than the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.
OPERATION SMILE, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Site, and remove and discard any Content within the Site, at any time and for any reason.
8. Proprietary Rights
OPERATION SMILE Content includes proprietary and confidential information that is protected by applicable intellectual property and other laws, and that is the property of OPERATION SMILE or OPERATION SMILE’ licensors. Content contained in advertisements is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
By sending us User Content in any form and/or by posting User Content to any area of the Site, you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User Content and other materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. However, after posting User Content, you continue to retain your ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. However, in no event shall OPERATION SMILE have any obligation to pay a fee to a Member or Visitor in connection with any transfer of OPERATION SMILE’ business, including without limitation any merger or sale or transfer of all or substantially all of the assets of OPERATION SMILE.
9. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by OPERATION SMILE infringe your copyright, you, or your agent, may send OPERATION SMILE notice requesting that the material be removed or access to it be blocked with the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site. Providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. OPERATION SMILE’S Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, OPERATION SMILE. 6435 Tidewater Drive, Norfolk, VA 23509 USA, Attn: Teresa Kraus. Our Copyright Agent for notification of claimed infringement can also be reached electronically by sending an e-mail to email@example.com. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon OPERATION SMILE actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send OPERATION SMILE a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.copyright.gov/
for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
11. Disclaimer of Warranties
THE SITE, THE CONTENT, ALL TOOLS, PRODUCTS OR SERVICES DISPLAYED ON, OR ACCESSED OR OBTAINED ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, OPERATION SMILE and its affiliates, suppliers, and agents do not warrant that your use of the site and access to and use of Content and all tools will be uninterrupted, error-free, or secure, that any information obtained therein is accurate, reliable or complete, that defects will be corrected, or that any software, the Site, or the server(s) on which the Site is hosted are free of viruses or other harmful components. Your use of the Site and any information or materials provided on or through the Site is entirely at your own risk.
12. Limitation of Liability
Neither OPERATION SMILE nor its suppliers, agents or sponsors are responsible or liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to (i) the use of or inability to use the Site; (ii) any Content contained on the site or member website; (iii) statements or conduct on the Site; (iv) any product or service purchased or obtained through the Site; (v) any action taken in response to or as a result of any information available on the Site; (vi) any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any Member Content; or, (vii) any other matter relating to the Site. Your sole remedy for dissatisfaction with the Site is to stop using the Site.
You agree to indemnify, defend, and hold OPERATION SMILE and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives, as well as suppliers involved with the Site, harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly out of or from (a) your breach of these TOS, including any violation of the Rules of Conduct set forth at https://www.operationsmile.org/MVAC/GUIDELINES
(b) any allegation that any User Content that you submit to OPERATION SMILE infringes or otherwise violates the copyright, trade secret, trademark or other intellectual property or privacy rights of a third party, and (c) your activities in connection with the Site.
14. Other Information
The TOS constitute the entire agreement between you and OPERATION SMILE and supersedes any prior agreements between you and OPERATION SMILE. The TOS and the relationship between you and OPERATION SMILE shall be governed by and construed in accordance with the laws of the State of STATE without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of the United States of America in the State of Virginia and any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of OPERATION SMILE to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this TOS and shall not affect the validity and enforceability of any remaining provisions. The section titles in the TOS are for convenience only and have no legal or contractual effect. This TOS is not assignable, transferable or sublicensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach of default.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: "The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210."