TERMS AND CONDITIONS OF POSSABILITIES OF SOUTHERN MINNESOTA, INC.

Welcome to the official website of PossAbilities of Southern Minnesota, Inc., a 501(c)(3) nonprofit corporation located in Rochester, Minnesota (“PossAbilities”). PossAbilities’ online properties are comprised of, but not limited to, all pages found under www.possabilities.org and partner sites.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING POSSABILITIES’ WEBSITE.

By using the pages on this website, you signify your agreement to these Terms and Conditions. If you do not agree to these terms of use, please do not use PossAbilities’ website. PossAbilities reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of PossAbilities’ website following the posting of changes to these terms will mean you accept those changes.

Ownership and Restrictions on Use of Materials

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials contained on any PossAbilities’ website (collectively, the “Contents”) are protected by copyrights, trademarks, trade dress, and/or other intellectual properties owned or controlled by PossAbilities.

The Contents of all PossAbilities owned websites are intended solely for personal and noncommercial use by the users of PossAbilities’ website. You may view, copy, and print the Contents displayed on this website subject to the following conditions: (1) you use the material for noncommercial use only; (2) you keep intact all copyright and other proprietary notices; (3) you make no modifications to any materials; (4) you do not use the materials in a manner that suggests an association with any of PossAbilities’ products, services, or brands; and (5) you do not download quantities of materials to a database that can be used to avoid future downloads from the PossAbilities’ website.

For purposes of these terms, the use of any such material on any other website or computer environment is prohibited. No right, title, or interest in any downloaded Contents or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the website, or any related software. You may not attempt to decompile or reverse engineer any of the software used by PossAbilities as part of the websites.

Copyright and Trademark Information

PossAbilities has the sole and exclusive right to have and use all service marks, trademarks, emblems, badges, descriptive or designating marks, and other words now or heretofore used in carrying out its programs (hereinafter collectively identified as the “Intellectual Property”).

All other trademarks displayed on this website or through links to other websites are the property of the respective trademark owners.

Disclaimer of Warranties

THE MATERIALS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, POSSABILITIES OF SOUTHERN MINNESOTA, INC. DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POSSABILITIES OF SOUTHERN MINNESOTA, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POSSABILITIES OF SOUTHERN MINNESOTA, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Site Contents

Information on any PossAbilities website is provided with the understanding that PossAbilities is not rendering professional advice or recommendations. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs.

Inaccuracy Disclaimer

The material in this website could include technical inaccuracies, typographical errors, or omissions. PossAbilities reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall PossAbilities be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, any PossAbilities’ website or a website that is linked to this website, even if PossAbilities has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall PossAbilities’ total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.

User Comments, Feedback, Submissions, and Postings

PossAbilities may allow you to communicate, submit, upload, transmit or otherwise make available text, images, audio, video, and other content through the website (collectively, the “Submission(s)”), including in the form of comments, feedback, submissions, or other information. By transmitting Submissions on or through the website, you grant PossAbilities a perpetual, irrevocable, worldwide, royalty-free, assignable, sublicensable license to use, reproduce, store, modify, display, distribute, prepare derivative works based on, and transmit such Submissions, and you waive any and all moral rights and publicity rights in such Submissions.  PossAbilities will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future PossAbilities business. PossAbilities will be entitled to use the Submission for any noncommercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you own whatever material you submit, and use of your Submission by PossAbilities will not infringe or violate the rights of any third party.

You may not make any Submissions that (1) are or may reasonably be considered to be harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, bigoted, hateful, or racially, ethnically or otherwise offensive or objectionable; (2) violate any law, statute, ordinance, or regulation (including, but not limited to those governing export control, intellectual property, consumer protection, unfair competition, antidiscrimination, or false advertising); or (3) are known to you to be false, inaccurate, or misleading.

PossAbilities has the right, but not the obligation, to monitor, screen, block, post, remove, modify, store and review Submissions or any other communications sent through this website at any time and for any reason, including to ensure Submissions conform to these terms, without prior notice to you. PossAbilities is not responsible for and does not endorse or guarantee the opinions, views, advice or recommendations in any Submissions posted or sent by users.

Reporting of Abusive or Unlawful Submissions or Content

If you have knowledge of abusive, infringing or otherwise unlawful Submissions or other content on this website, PossAbilities wants to know.  Please send an email to posm@possabilities.org describing the content or conduct in detail, including the website address where the content is found and the date and time viewed, and PossAbilities will make every effort to investigate removing this material from the website.

Links to Other Websites and Services

This website may be linked to other websites and services that are not maintained by PossAbilities. PossAbilities is not responsible for the content of those websites. Consequently, PossAbilities cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in websites listed on or otherwise linked to a PossAbilities website. The inclusion of any link to such websites does not imply endorsement by PossAbilities. PossAbilities makes no representations whatsoever about any other website which you may access through this one.

Please exercise discretion while browsing the Internet. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information you may find inappropriate or offensive. Please keep in mind whenever you give out personal information online, that information can be collected and used by people you do not know. While PossAbilities strives to protect your personal information and privacy, it cannot guarantee the security of any information you disclose online.  You make such disclosures at your own risk.

PossAbilities reserves the right to disable links from third-party websites to any PossAbilities website.

Jurisdictional Issues

This publication may be distributed internationally and may contain references to programs, products, and services that are not available in your country, state, or particular location. These references do not imply that PossAbilities intends to announce or provide programs, products, or services in your country, state, or particular location.

Unless otherwise specified, the Contents on any PossAbilities website are presented solely for these purposes of promoting programs, products, services, and other content available in the United States and its territories, possessions, and protectorates. Those who choose to access a PossAbilities website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

General Provisions

These Terms and Conditions shall be governed and be interpreted pursuant to the laws of the State of Minnesota, United States of America, notwithstanding any principles of conflicts of law. You expressly agree the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this website shall be filed only in Olmsted County District Court, Third Judicial District, State of Minnesota. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this website for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this website.

Termination

These Terms and Conditions are effective until terminated by either party. You may terminate these Terms and Conditions at any time by discontinuing use of all PossAbilities websites and destroying all Contents obtained from any and all such websites and all related documentation and all copies and installations thereof, whether made under these Terms and Conditions or otherwise. Your access to any and all PossAbilities websites may be terminated immediately without notice from PossAbilities if in its sole discretion you fail to comply with any term or provision of these Terms and Conditions. Upon termination, you must cease use of the PossAbilities website and destroy all Contents obtained from such website and all copies thereof, whether made under these Terms and Conditions or otherwise.

How to Contact Us

If you have any comments or questions regarding these Terms and Conditions, please contact PossAbilities at:

PossAbilities of Southern Minnesota, Inc.

1808 3rd Avenue SE

Rochester, MN  55904

(507) 281-6116

Email: posm@possabilities.org