This Web site is an educational and informational service provided by The Kelly Heinz-Grundner Foundation, Inc. (KHGF), under the registered trademark GET YOUR HEAD IN THE GAME, with the express condition that users agree to be bound by the terms and conditions set forth in this User Agreement, as they may be modified from time to time. Your consultation and use of this Web site constitutes your acknowledgment and acceptance of all of the following terms and conditions.
Disclaimer
You acknowledge that the information on this Web site is provided "as is" for general information only. This Web site does not offer medical advice or recommendations and individuals should not rely on the information posted on this Web site as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs. KHGF and GET YOUR HEAD IN THE GAME strongly recommends that care and treatment decisions related to brain tumors and any other medical condition be made in consultation with a patient's physician or other qualified health care professionals who are familiar with the individual's specific health situation.
KHGF and GET YOUR HEAD IN THE GAME makes no representations with respect to the information, services, products or message on this Web site and specifically disclaims any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application or purpose. KHGF and GET YOUR HEAD IN THE GAME makes no warranties of any kind regarding the operation of this Web site, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses, worms, Trojan horses, other harmful elements or other code that manifest contaminating or destructive properties and such warranties are expressly disclaimed.
Third Party Links
In an attempt to provide increased value to our visitors, KHGF and GET YOUR HEAD IN THE GAME may choose various third party web sites to link to from our own web site. However, even if the third party is affiliated with KHGF/GET YOUR HEAD IN THE GAME, KHGF/GET YOUR HEAD IN THE GAME has no control over these linked web sites, which each have separate privacy and data collection practices, independent of KHGF and GET YOUR HEAD IN THE GAME. KHGF and GET YOUR HEAD IN THE GAME have no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked web sites are only for your convenience and therefore you access them at your own risk. KHGF/GET YOUR HEAD IN THE GAME does not endorse the organizations whose linked, external Web sites appear on the GET YOUR HEAD IN THE GAME site, or vice versa. In addition, KHGF/GET YOUR HEAD IN THE GAME does not endorse products or services that such organizations may offer. Furthermore, KHGF/GET YOUR HEAD IN THE GAME does not control or guarantee the currency, accuracy, relevance, or completeness of information found on linked, external Web sites.
Trademark
All trademarks, service marks and trade names of KHGF used herein (including but not limited to the KELLY HEINZ-GRUNDNER word trademark, the KELLY CAN word mark, the GET YOUR HEAD IN THE GAME word mark, and the Dragonfly Design) are trademarks or registered trademarks of KHGF.
Copyright
The entire content included in this web site, including but not limited to text, graphics, logos, button icons, images, audio and video clips is copyrighted as a collective work under the United States and other copyright laws, and is the property of KHGF. The collective work includes works that are licensed to KHGF. Copyright 2005. ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the web site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this web site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the web site.
Liability
You agree that you will hold harmless KHGF/GET YOUR HEAD IN THE GAME and its officers, directors, agents, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Web site or the information, services, products or messages contained in this Web site or other Web sites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Web site or another Web site to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will KHGF or the contributors of information to this Web site be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST KHGF, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND VOLUNTEERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEB SITE.
Governing Law
This Web site (excluding linked sites) is controlled by KHGF/GET YOUR HEAD IN THE GAME, which is headquartered in the State of Delaware, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Delaware, by accessing this Web site both you and KHGF agree that the statutes and laws of the State of Delaware, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Web site. You and KHGF also agree and hereby submit to the exclusive personal jurisdiction and venue of New Castle County, Delaware and the United States District Court for the district of Delaware with respect to such matters. KHGF makes no representation that materials on the Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with local laws.
Linking From Other Web sites
KHGF may grant the owner of a Web site permission to use a hyperlink to this Web site from its Web site, provided: (a) any such link must clearly be marked GET YOUR HEAD IN THE GAME; (b) the appearance, position and other aspects of either the link or the host Web site may not be such as to damage or dilute the goodwill associated with GET YOUR HEAD IN THE GAME and KHGF's name and trademarks; (c) the appearance, position and other aspects of either the link or the host Web site may not create the false appearance that any other entity is associated with or sponsored by KHGF; and (d) the link, when activated by a user, must display this Web site full-screen and not with a "frame" on the linked Web site. The owner of any Web site with a hyperlink to this Web site agrees to the foregoing terms and agrees to delete any such link upon notice from KHGF that such permission has been revoked, which notice may be given at any time and for any reason.
KHGF/GET YOUR HEAD IN THE GAME is not responsible for the information or materials contained on Web sites linking to this Web site. Links to this Web site are provided for convenience of reference only and are not intended as an endorsement by KHGF/GET YOUR HEAD IN THE GAME of the organization or individual operating the host Web site or a warranty of any type regarding the host Web site or the information on the host Web site.
