Terms of Service

1. Terms

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, then please do no use this Site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Conduct on Site

Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting comments or otherwise using any online form or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or otherwise violates our rules or policies;
2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, class, gender, sexual orientation, race, ethnic background, age, or disability;
3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. constitutes unauthorized or unsolicited advertising, junk or bulk email, spamming, flooding, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
6. impersonates any person or entity, including any of our employees or representatives, or expresses or implies that any statements you make are endorsed by us, without our prior written consent;
7. transfer the materials to another person or “frame” or “mirror” the materials on any other server.

3. Disclaimer

The materials on Desert AIDS Project’s website are provided “as is”. Desert AIDS Project makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Although Desert AIDS Project strives to make materials on this website as accurate and reliable as possible, the nature of such materials is subject to change often. As such, Desert AIDS Project does not warrant or make any guarantees concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to or linking from this site. D.A.P. hopes and believes that the materials will be helpful reference, but they should not be construed as legal, medical, or other professional advice and is not a substitute for obtaining professional advice on these subject matters.

4. Limitations

In no event shall Desert AIDS Project, nor any of its partners, affiliates, suppliers, sponsors, advertisers, nor any of its employees, directors, consultants, or other representatives be liable for any damages arising out of the use or inability to use the materials on Desert AIDS Project’s website, even if Desert AIDS Project or a Desert AIDS Project authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Desert AIDS Project’s website could include technical, typographical, or photographic errors. Although Desert AIDS Project attempts to ensure the integrity of the site, it makes no guarantee that any of the materials on its website are accurate, complete, or current. In the event that a situation arises in which the website’s completeness or accuracy is in question, please contact us at [email protected] with a description of the material in question and the url of where such material can be found on the website, as well as information sufficient to enable us to contact you. Further, Desert AIDS Project may make changes to the materials contained on its website at any time without notice.

6. Links

Desert AIDS Project has not reviewed all of the sites linked to or by its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply approval or endorsement by Desert AIDS Project of the site. Use of any such linked website is at the user’s own risk.

7. Copyright Infringement Claims

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 U.S. copyright law. If you believe that materials hosted by D.A.P. infringe your copyright, you may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of the copyright owner or person authorized to act on their behalf; (b) identification of the copyrighted work(s) claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and sufficient information to allow Desert AIDS Project to locate the material on the website, for example a url and description of which specific portion your complaint refers to; (d) your name, address, telephone number and email address (if available); (e) a statement by you that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices with respect to the website should be sent Desert AIDS Project, 1695 N. Sunrise Way, Palm Springs, CA 92262. We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

8. Site Terms of Use Modifications

Desert AIDS Project may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use. Be sure to return to this page periodically to ensure familiarity with the current versions of the Terms and Conditions of Use.

9. Governing Law

Any claim relating to Desert AIDS Project’s website shall be governed by the laws of the State of California without regard to its conflict of law provisions.