Terms of Use

The following Terms of Use outline your obligations when using the Facing Disability website. You can also review our Privacy Policy which outlines our obligations and practices towards handling any personal information that you may provide to us.

1. ACCEPTANCE OF TERMS

The web pages available at facingdisability.com (“Site”), are owned and operated by the Hill Foundation For Families Living with Disabilities (“Hill Foundation”) and are accessed by you under the Terms of Use described below (“Terms of Use”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. HILL FOUNDATION’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY HILL FOUNDATION, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

2. MODIFICATIONS OF TERMS OF USE

The Hill Foundation reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Hill Foundation will notify you by posting an announcement on the Site. What constitutes a “material change” will be determined at Hill Foundation’s sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

3. DESCRIPTION OF SERVICE

Subject to full compliance with the Terms of Use, Hill Foundation may offer to provide certain services and content, as described more fully on the Site, (“Services”). Services shall include, but not be limited to, providing informational videos, answers to important questions, and facilitating peer counseling, as well as the offering of any information and materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the “Content”). Hill Foundation may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Hill Foundation may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

4. YOUR REGISTRATION OBLIGATIONS

As a condition to using the Peer Counseling services, you are required to register with Hill Foundation and select a password and screen name (“Hill Foundation User ID”). You shall provide Hill Foundation with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Hill Foundation account. You may not (i) select or use as a Hill Foundation User ID a name of another person with the intent to impersonate that person; or (ii) use as a Hill Foundation User ID a name subject to any rights of a person other than you without appropriate authorization. Hill Foundation reserves the right to refuse registration of, or cancel a Hill Foundation User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Hill Foundation password.

Registration for Peer Counseling services are available only to individuals who are at least 18 years old. If you do not so qualify, do not attempt to register for or use the Services.

5. REGISTERED USER CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Hill Foundation.

By way of example, and not as a limitation, you agree not to use the Services:

to post or transmit, or cause to be posted or transmitted, any Content that is untrue, misleading, infringing, libelous, defamatory or otherwise violates any law or right of any third party;
for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Hill Foundation user;
to violate any laws in your jurisdiction (including but not limited to copyright laws);
to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.

Hill Foundation may remove any Content and Hill Foundation accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: [email protected]

You are solely responsible for your interactions with other users of the Site. Hill Foundation reserves the right, but has no obligation, to monitor disputes between you and other users.

6. COPYRIGHT COMPLAINTS

Hill Foundation respects the intellectual property of others. It is Hill Foundation’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. Hill Foundation will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Hill Foundation may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Hill Foundation will terminate access for subscribers and account holders who are repeat infringers.

Notifying Hill Foundation of Copyright Infringement: To provide Hill Foundation notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of [email protected] that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).

7. HILL FOUNDATION PRIVACY POLICY

Hill Foundation’s current Privacy Policy is incorporated by this reference.

8. INDEMNITY

You will indemnify and hold harmless Hill Foundation, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Hill Foundation User ID, of any intellectual property or other right of any person or entity.

9. WARRANTY DISCLAIMERS

You acknowledge that Hill Foundation has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Hill Foundation from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing information that you may or may not find helpful. Hill Foundation makes no representations concerning any content contained in or accessed through the Site or Services, and Hill Foundation will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

10. LINKS

The Hill Foundation has attempted to provide useful links to helpful sites. Except for the videos created by and for Hill Foundation, the Hill Foundation has no control over third party sites and resources for which it provides links. You acknowledge and agree that Hill Foundation is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Hill Foundation 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 or services available on or through any such site or resource.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL HILL FOUNDATION BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.

12. TERMINATION

Hill Foundation may terminate or suspend any and all Services and your Facing Disability account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Facing Disability account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Hill Foundation in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Hill Foundation shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Hill Foundation’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Hill Foundation’s prior written consent. Hill Foundation may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of Illinois, as if made within Illinois between two residents thereof, and the parties submit to the exclusive jurisdiction of the Cook County courts and the United States District Court for the Northern District of Illinois. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

14. TRADEMARKS

Hill Foundation graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Hill Foundation in the U.S. and/or other countries. Hill Foundation’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.