Terms of Service
Service Provider. GriefLink, LLC is a Colorado limited liability company (“GriefLink”) and is the owner and manager of GriefLink.net (the “Website”).
Description of Service. GriefLink provides users of the Website (“User”) with access to a collection of on-line resources to assist them in the areas of grief, loss and bereavement, and to assist them is locating professionals providing grief therapy and grief support groups ("the Service"). By using the Services, User agrees to all of the terms and conditions of these Terms of Service (“TOS”).
Professional Profiles. While GriefLink seeks to assist the public in finding suitable professionals and grief support groups to meet their needs, Grieflink does not make any warranty, express or implied, regarding the quality of therapy or support services provided by a Website listed member, or the accuracy of their listing.
Links. This Website contains links to other sites. Please be aware that GriefLink is not responsible for the privacy practices of such other sites, or the content of their site. GriefLink encourages our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personal information.
Visitor/Member Conduct. User understands that all information, data, text, software, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that User, and not GriefLink, is entirely responsible for all Content that User uploads, posts, emails or otherwise transmits via the Service. GriefLink does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. User understands that by using the Service, User may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will GriefLink be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
User agrees to not use the Service to:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a GriefLink.net official, forum leader, guide or host, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email or otherwise transmit any Content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email or otherwise transmit 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 hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. "stalk" or otherwise harass another; and
m. collect or store personal data about other users.
User acknowledges that GriefLink does not pre-screen Content, but that Grieflink and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, GriefLink and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. User agrees that User must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, User acknowledge that User may not rely on any Content created by GriefLink or submitted to GriefLink, including without limitation information in blogs. User acknowledges and agrees that GriefLink may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GriefLink, its users and the public.
User understand that the technical processing and transmission of the Service, including User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Public Content Posted to GriefLink.net. With respect to all Content User elects to post to other publicly accessible areas of the Service, User grants GriefLink the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In the event that User’s Content posted to the Website is a copyrighted paper or speech created by User, then GriefLink agrees to limit the aforementioned granted right and license to use by GriefLink in its Website or any related media outlets (websites, blogs, and etcetera) owned or operated by GriefLink. GriefLink will only publish such papers or speeches in websites or media outlets owned or operated by third-parties with User’s express permission.
Indemnity. User agrees to indemnify and hold GriefLink, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of Content User submits, posts to or transmits through the Service, User’s use of the Service, User’s connection to the Service, User’s violation of the TOS, or User’s violation of any rights of another.
Limitation of Liability. GRIEFLINK SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST DATA OR LOST PROFITS, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING FROM OR RELATING TO THIS TOS, THE USE OF OR INABILITY TO USE THE SERVICES OR THE WEBSITE, OR ANY COMMUNICATION OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED VIA THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, STATUTE, TORT OR NEGLIGENCE), EVEN GRIEFLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICES, USER’S SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.
Modifications to Service. GriefLink reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. User agrees that GriefLink shall not be liable to User or to any third-party for any modification, suspension or discontinuance of the Service.
Termination. User agrees that GriefLink, in its sole discretion, may terminate User’s password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if GriefLink believes that User has violated or acted inconsistently with the letter or spirit of the TOS. Grieflink may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. User agrees that any termination of User’s access to the Service under any provision of this TOS may be effected without prior notice, and acknowledges and agrees that GriefLink may immediately deactivate or delete User’s account and all related information and files in User’s account and/or bar any further access to such files or the Service. Further, User agrees that GriefLink shall not be liable to User or any third-party for any termination of User’s access to the Service.
a. Amendment; Waiver. This TOS or any of the terms and conditions therein may be amended, waived or otherwise modified by GriefLink at anytime, without advance notice, and without consent of any User hereto.
b. Section Headings. The section and other headings contained in this TOS are for reference purposes only and shall not affect the meaning or interpretation of this TOS.
c. Severability. Any provision of this TOS which is held by a court of competent jurisdiction to be prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability, without invalidating or rendering unenforceable the remaining provisions of this TOS.
d. Governing Law. This TOS shall be governed by, construed, interpreted and enforced in accordance with the laws of the State of Colorado.
e. Attorney’s Fees. If any action is instituted by either party to enforce any provisions of this TOS, attorneys’ fees and costs shall be awarded to the prevailing party.
f. Dispute Resolution. Any dispute which arises under this TOS, which the parties cannot otherwise resolve shall be initially submitted to mediation in Denver, Colorado before a mediator agreed upon by the parties; if the parties cannot agree upon a mediator, then they shall submit their dispute to the Judicial Arbiter Group, or, if that group no longer exists, to the American Arbitration Association, for mediation. If a dispute is not resolved within thirty (30) days of the holding of a mediation session, then it shall be submitted for binding arbitration to the Judicial Arbiter Group, or, if that group no longer exists, to a single arbitrator before the American Arbitration Association in Denver, Colorado pursuant to its Commercial Arbitration Rules, except that: (i) disputes concerning $15,000 or less shall be resolved in the small claims or county courts of the City and County of Denver, Colorado; and (ii) disputes in which a party seeks injunctive relief shall be resolved in the district courts of the City and County of Denver, Colorado, in which case all claims shall be resolved in such lawsuit. User consents to personal jurisdiction and venue being proper in such courts. In an arbitration, the arbitrator’s award shall be final and binding and may be entered in any court having jurisdiction thereof. USER HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS TOS.