Defying Disaster™ and GermTheory LLC

It is the goal of this Site to provide Defying Disaster™ website visitors with access to basic information about certain topics relating to emergency and disaster preparedness, health and safety topics including crime prevention and infection prevention and control. The Contents of the Defying Disaster™ Site, such as text, graphics, images, information obtained from authoritative sources, and other material contained on the Defying Disaster™ Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional advice, medical advice, or recommendations made specifically for you after evaluation and consideration of all risks and circumstances.

Nothing on this site should be taken as medical advice. Nothing contained herein is intended to diagnose or treat any condition. You should consult your doctor before making any decisions about whether or not to use any of the methods or processes discussed.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or concern. Never disregard professional medical advice or delay in seeking it because of something you have read on the Defying Disaster™ Site.  For medical or other health and safety concerns, always perform your own due diligence, seeking information and recommendations from official and authoritative sources such as the Centers for Disease Control and Prevention, your county or state Public Health Department, Homeland Security, FEMA, OHSA, FDA, the Red Cross, and physicians or other professionals and experts, and before undertaking any decision or action based upon information gained from the Defying Disaster™ Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. Defying Disaster™ does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Defying Disaster™, Defying Disaster™ employees, others appearing on the Site at the invitation of Defying Disaster™, or other visitors to the Site is solely at your own risk.

The Site may contain health-, safety-, or medical-related materials that are disturbing or explicit. If you find these materials offensive, you may not want to use our Site.

INFORMATIONAL DISCLAIMER: GermTheory LLC and Defying Disaster™ provide this website for informational purposes only. Nothing on this website constitutes or is meant to constitute any kind of advice. If you require advice, you should consult an appropriate professional. While we endeavor to keep the information up-to-date and correct,we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, currentness, timeliness, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. All material on this Site is subject to change without notice.

If at any time you are dissatisfied by this Site, or anything related to this Site, you may leave the Site. This shall be your sole remedy.

We are committed to protecting the privacy of children. This Site is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person.

YOUR CONSENT AND AGREEMENT.
This is a legally binding agreement.  You are encouraged to read these terms and conditions of use with great care. Your ongoing and continual use of this Site is your agreement, consent and acceptance of any and all the terms and conditions described below, to the disclaimers, privacy policy, and other policies and terms in this agreement, or on the Site, and to any changes to that information. You agree and consent to be bound by any and all provisions of this Terms and Conditions of Use (User agreement), including disclaimers. If you do not agree to these terms and conditions, do not use this Site.

Defying Disaster authorizes you to view the material on this Site solely for your own non-commercial use subject to these Terms and Conditions. All material on this Site is subject to copyright and other protections. Unauthorized use is prohibited. The copyrighted Content is protected by copyright under both United States and foreign laws. Defying Disaster™ and GermTheory LLC retain title to the Content. Any use of the Content not expressly permitted may be a breach of copyright, trademark and other laws.

Defying Disaster™ authorizes you to view or download a single copy of the material on the Defying Disaster™ Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright 2009-2011, Defying Disaster™ and GermTheory LLC  All rights reserved.  Unauthorized use prohibited.” and other copyright and proprietary rights notices that are contained in the Content.  You may not, except with our express written permission, distribute or commercially exploit the Content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Any special rules for the use of certain software and other items accessible on the Defying Disaster™ Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Defying Disaster™ and GermTheory LLC or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, patent, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Defying Disaster™. All rights not expressly granted herein are reserved to Defying Disaster™ and GermTheory LLC and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

LIABILITY DISCLAIMER: The use of the Defying Disaster™ Site and the Content is entirely at your own risk.

1. When using the Defying Disaster™ Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Defying Disaster™ and its licensors, suppliers, and sources. Accordingly, Defying Disaster™ assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Defying Disaster™ Site.
2. The Defying Disaster™ Site and the Content are provided on an “as is” basis. Defying Disaster™ and GermTheory LLC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Defying Disaster™ and GermTheory LLC, its licensors, its suppliers and other third parties make no representations or warranties about the following:
3. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site or
4. The satisfaction of any government regulations requiring disclosure of information on products or the approval or compliance of any software tools with regard to the Content contained on the Site.
   1. In no event shall Defying Disaster™ and GermTheory LLC, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, accounting, defamation, misappropriation, invasion of privacy, intellectual property infringement, or damages resulting from user’s use or misuse of the Site, or lost data or business interruption) or other claims resulting either from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Defying Disaster™ and GermTheory LLC, its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. In no event will Germ Theory LLC, Defying Disaster™ and, its licensors, its suppliers, or any third parties mentioned on the Site be liable to any party for any direct, indirect, punitive, special, incidental, or other consequential damages including business interruption arising directly or indirectly from any use of this Site, even if GermTheory LLC and Defying Disaster™ are expressly advised of the possibility of such damages or existence.  Defying Disaster™ and GermTheory LLC, its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below).
   2. By using this website, you agree that the exclusions and limitations of liability set out in this Liability Disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Any personal information you submit to Defying Disaster™ and GermTheory LLC is governed by the Defying Disaster™ and GermTheory LLC Privacy Policy. To the extent there is an inconsistency between this Agreement and the Defying Disaster™ and GermTheory LLC Privacy Policy, this Agreement shall govern.

You agree that you will not upload or transmit any communications or Content of any type to the Public Areas (including blogs, message boards, postings, etc.) that infringe or violate any rights of any party. By submitting communications or Content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission, you agree that you will not send or transmit to Defying Disaster™ and GermTheory LLC by email, (including through the email addresses listed on the “Contact Us” link) any communication or Content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Defying Disaster™ and GermTheory LLC by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Defying Disaster™ and GermTheory LLC by email or other means, you automatically grant-or warrant that the owner of such Content or intellectual property has expressly granted-Defying Disaster™ and GermTheory LLC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or any form, format, or forum now known or hereafter developed. Defying Disaster™ and GermTheory LLC may sublicense its rights through multiple tiers of sublicenses. IF YOU WISH TO KEEP ANY BUSINESS INFORMATION, IDEAS, CONCEPTS OR INVENTIONS PRIVATE OR PROPRIETARY, DO NOT SUBMIT THEM TO THE PUBLIC AREAS OR TO DEFYING DISASTER™ AND GERMTHEORY LLC. We try to answer every email in a timely manner, but are not always able to do so.

You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web Site URL.) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the Defying Disaster™ and GermTheory LLC Advertising Policy and the Defying Disaster™ and GermTheory LLC Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web Site.

By uploading any media like a photo or video, (a) you grant to Defying Disaster™ and GermTheory LLC a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Defying Disaster™ and GermTheory LLC to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Defying Disaster™ and GermTheory LLC and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.

Defying Disaster™ and GermTheory LLC reserves the right to review all media prior to submission to the Site and to remove any media for any reason, at any time, without prior notice, at our sole discretion

If you use a Public Area, such as a blog, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Defying Disaster™ and GermTheory LLC and their licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use any Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Defying Disaster™ and GermTheory LLC in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting or otherwise collecting information about others, including email addresses without their consent;
10. Allowing any other person or entity to use your identification for posting or viewing comments
11. Posting the same note more than once or “spamming”; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Defying Disaster™ or GermTheory LLC, exposes Defying Disaster™, GermTheory or any of its customers or suppliers to any liability or detriment of any type.

Defying Disaster™ and GermTheory LLC reserves the right at its sole discretion (but is not obligated) to do any or all of the following:

1. Investigate an allegation that a communication(s) do (es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
2. Remove communications which are abusive, illegal, disruptive, hateful, disrespectful or uncivil or that otherwise fail to conform with these Terms and Conditions.
3. Terminate a user’s access to any or all Public Areas and/or the Site upon any breach of these Terms and Conditions.
4. Monitor, edit, or disclose any communication in the Public Areas.
5. Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

Defying Disaster™ and GermTheory LLC or their licensors have no liability or responsibility to users of the Defying Disaster™ Site or any other person or entity for performance or nonperformance of the aforementioned activities or actions.

Defying Disaster™ and GermTheory LLC may provide links to third-party web Sites. Defying Disaster™ and GermTheory LLC also may select certain Sites as priority responses to search terms you enter. Defying Disaster™ and GermTheory LLC does not recommend and does not endorse the Content on any third-party websites. Defying Disaster™ and GermTheory LLC is not responsible for the Content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Defying Disaster™ and GermTheory LLC does not endorse any product, service, or treatment advertised on the Site.

You agree to defend, indemnify, and hold Defying Disaster™ and GermTheory LLC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

COMPLIANCE WITH LAWS OUTSIDE THE UNITED STATES

Defying Disaster™ and GermTheory LLC is based in Napa, California, in the United States of America with principal offices in Napa, California. Defying Disaster™ and GermTheory LLC makes no claims that Defying Disaster™ and GermTheory LLC, or any Site within current or future Defying Disaster™ and GermTheory LLC Sites or networks and the Content are appropriate, legal for use, or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Defying Disaster™ and GermTheory LLC Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

SEVERABILITY

If any provision of the agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.

SURVIVABILITY

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

NO INFORMAL WAIVERS, AGREEMENTS OR REPRESENTATIONS:

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. Except as specifically contemplated by the agreement, no representations, statements, consents, waivers or other acts or omissions by a Defying Disaster™ or GermTheory LLC affiliate or third party shall be deemed legally binding on a Defying Disaster or GermTheory LLC affiliate, unless documented in a physical writing hand signed by a duly appointed officer of GermTheory LLC.

You expressly agree that exclusive jurisdiction for any dispute with Defying Disaster™ and GermTheory LLC, or in any way relating to your use of the Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Defying Disaster™ and GermTheory LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting GermTheory copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

GermTheory’s agent for copyright issues relating to this Site is as follows:

Or e-mail to copyright@defyingdisaster.com

Or call: 707 255-7146

In an effort to protect the rights of copyright owners, GermTheory maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Except as expressly provided in a particular “legal notice” on the Site, these Terms and Conditions and the Defying Disaster™ and GermTheory LLC Privacy Policy constitute the entire agreement between you and Defying Disaster™ and GermTheory LLC with respect to the use of the Site, and Content.

Thank you for your cooperation. We hope you find the Defying Disaster™.com Site helpful and convenient to use! Questions or comments regarding this Site, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: Defying Disaster™ and GermTheory LLC Office of Privacy, P.O. Box 5927, Napa CA 94581.

Questions or comments regarding the Defying Disaster™ and GermTheory LLC web site, including any reports of non-functioning links, should be directed by email via our online web form or by U.S. Mail to Defying Disaster™ and GermTheory LLC Customer Service, P.O. Box 5927 Napa, CA 94581.  We try to answer every email in a timely manner but due to volume may not always be able to do so.

Last Updated: April 2010

©2009-2010 Defying Disaster™ and GermTheory LLC, All rights reserved. Unauthorized use prohibited.