Terms & Conditions

Terms and Conditions of Use & Privacy Policy

Acceptance of Terms of Use

Welcome to the Gracefully Strong website (“Website”). By accessing, browsing and/or using the Website you acknowledge that you have read, understood, and agree to be legally bound by the following terms and conditions of use and privacy policy (collectively, the “Terms”) which govern Gracefully Strong’s relationship with you as it relates to your use of the Website.

The term “Gracefully Strong,” “us,” or “we” refers to Gracefully Strong, a Texas nonprofit corporation. The term “you” refers to each user or viewer of our Website.

Gracefully Strong reserves the right to change or modify the Terms at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Website. Your continued use of the Website following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should periodically review the Terms from time to time. If you do not agree to the amended terms, you must stop using the Website.

Not Counseling, Therapy or Legal Advice

Gracefully Strong does not provide counseling, therapy or legal advice. The information provided on or through the Website is intended to provide general information and is not intended  to be, should not be construed to be, and should not be used as a substitute for, counseling or therapy. In addition, any legal information provided on or through the Website is not intended to be, should not be construed to be, and should not be used as a substitute for, legal advice. No privileged or fiduciary relationship shall be formed between you and Gracefully Strong or any of its representatives as a result of your access to or use of the Website.

Copyrights, Trademarks and Limited License

The Website contains various information in the form of text, graphics, news, reports, and other materials (tangible or intangible) (collectively, “Content”). You acknowledge that the Website contains Content that is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Gracefully Strong or, if applicable, any other party (each a “Contributor”) who has been involved in the preparation or publication of the Content. You shall at no time assert any claims of ownership over any Content by reason of your use of or access to the Website or otherwise. You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use and that you maintain any notices contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall not store electronically any significant portion of any Content. Gracefully Strong authorizes you to view and use the Content on the Website solely for your personal, noncommercial use. The use of the Content on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without Gracefully Strong’s prior written approval.

Donations

Any Website user may become a donor (“Donor”) by pledging a donation to Gracefully Strong by using the donation tool on the Website. You acknowledge and agree that you are under no obligation to become a Donor or to pledge a donation and that you will be solely responsible for any decision to become a Donor. You understand that your contribution is being made to Gracefully Strong, that Gracefully Strong has exclusive control over the use of all donations. In the event that you make a donation pledge, you will be required to provide credit card or other payment information at the time of the pledge. You represent and agree that all payment information you provide to Gracefully Strong will be true, accurate, current and complete and that you will update such payment information as necessary to maintain such information as true, accurate, current and complete. In the event that your payment cannot be processed due to inaccurate payment information, insufficient funds, or any other reason, you agree to promptly provide Gracefully Strong with alternative payment information to fulfill your donation pledge. You acknowledge and agree that all donations are final and will not be returned, in whole or in part. In order to make donations online using the donation tool on the Website, you must be 18 years of age or over. By using the Website’s payment method, you confirm that you possess the legal authority to enter into the Terms and that you are instructing Gracefully Strong or its authorized vendors to collect any payments from the credit or debit card you provided.

Feedback

Any comments or materials sent to Gracefully Strong (via any medium including e-mail and regular mail) including feedback data, such as questions, ideas, comments, suggestions, or the like regarding the Website or any other products or programs of Gracefully Strong (collectively “Feedback”), shall be deemed to be non-confidential and shall become the sole property of Gracefully Strong. You hereby assign all rights in the Feedback to Gracefully Strong, and Gracefully Strong shall have no obligation of any kind with respect to such Feedback. Without limiting the foregoing, Gracefully Strong shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation, without acknowledgment or compensation to you. Further, you expressly waive any moral rights you may have in such Feedback.

Disclaimer of Liability

The content provided on the Website is provided as a service to members of the public. Information presented on the Website is provided for informational purposes only. No information presented on the Website constitutes legal, financial, medical OR THERAPEUTIC advice, nor does it create aNY PRIVILEGED OR fiduciary relationship between Gracefully Strong and any other PERSON. You acknowledge and agree that the Website and the content are provided on an “as is” and “as available” basis. None of Gracefully Strong, any of its respective affiliates, officers, directors, employees, agents OR OTHER REPRESENTATIVES (collectively the “Gracefully Strong Parties”) guarantees the accuracy, completeness, or usefulness of any of the content.

The Gracefully Strong Parties do not warrant that the Website will be uninterrupted or error-free or that the Website, its server, or any files available for downloading through the Website are free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of the Website and the accuracy or completeness of the content is assumed solely by you.

The Gracefully Strong Parties do not make, and hereby specifically disclaim to the fullest extent permitted by applicable law, any representations, endorsements, guarantees, or warranties, express or implied, regarding the Website or any content, including without limitation, the implied warranties of merchantability and fitness for a particular purpose and non-infringement of third-party rights. Without limiting the generality of the foregoing, the Gracefully Strong Parties disclaim to the fullest extent permitted by applicable law any warranties with respect to any results that may be obtained from the use of the Website. you expressly agree that your use of the website is at your sole risk.

Limitation of Liability

Under no circumstances will the Gracefully Strong Parties be liable for any loss or damage caused by your OR ANY OTHER PERSON’S reliance on information obtained through the content on the Website, including without limitation any loss or damage caused by your OR ANY OTHER PERSON’S reliance on information obtained from third party sites to which thE WEBsite is linked. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information or any content available through the WEBsite.

In no event shall the Gracefully Strong Parties be liable for any direct, indirect, incidental, special, or consequential damages arising out of or relating to the content or the WEBSITE, whether based on warranty, contract, tort, or any other legal theory.

Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, or incidental damages, in such jurisdictions the Gracefully Strong Parties’ liability is limited to the greatest extent permitted by law.

Your sole and exclusive remedy for dissatisfaction with the Website is to stop using the Website.

Indemnity

You agree to indemnify, defend and hold harmless the Gracefully Strong Parties and third parties for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website, any user postings made by you or using your account or computer or other device, your violation of any terms of the Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Gracefully Strong Parties reserve the right, at their own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Gracefully Strong Parties in asserting any available defenses.

Links to Other Websites

As a convenience to you, the Website may provide links to third-party websites of entities, organizations, and persons with whom Gracefully Strong may or may not associate from time to time (“Third-Party Sites”) where we believe some users may find such information useful or of interest. While Gracefully Strong tries to provide accurate and quality information, our decision to link to a Third-Party Site is not an endorsement of the content in the linked Third-Party Site. Gracefully Strong does not control the content of Third-Party Sites. NONE OF THE GRACEFULLY STRONG PARTIES IS RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY SITE, NOR DOES ANY GRACEFULLY STRONG PARTY MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD-PARTY SITES, AND THE GRACEFULLY STRONG PARTIES SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING. You should take precautions when downloading files from this and all Third-Party Sites to protect your computer from viruses and other destructive programs. If you decide to access linked Third-Party Sites, you do so at your own risk. Once you click on a link connecting you to a Third-Party Site, your use of that site and the collection and use of your personal information at the site will be governed by the Third-Party Site’s terms of use and/or privacy policy, and not by the Terms of the Website. You should direct any concerns regarding the Third-Party Site to such Third-Party Site’s administrator or webmaster. 

Websites Linking to The Website

If you would like to link another website to the Website, you may only do so if you obtain Gracefully Strong’s prior permission. Such link may not suggest or imply Gracefully Strong’s endorsement or approval of any product, position, entity, or individual, or portray Gracefully Strong in a false, misleading, derogatory or otherwise defamatory manner, and the linking site may not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. Any permission to link may be revoked by Gracefully Strong at any time without notice to you or any other person. You may not use the Gracefully Strong name,  logo or other graphic of Gracefully Strong to link to the Website without the express written permission of Gracefully Strong, and such permission may be revoked at any time without notice to you or any other person.

User Must Comply with Applicable Laws

The Website is based in the State of Texas. Gracefully Strong makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access the Website from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Termination

Gracefully Strong may discontinue the Website in its sole discretion at any time, with or without notice to you. You agree that Gracefully Strong may terminate your use of and access to the Website if it determines, in its sole discretion, that you have violated or acted inconsistently with the Terms, violated the rights of Gracefully Strong or any third party, or for any reason with or without notice to you. You agree that Gracefully Strong will not be liable to you or any third party as a result of such discontinuation. The provisions entitled “Acceptance of Terms of Use”, “Not Counseling, Therapy or Legal Advice”, “Copyrights, Trademarks and Limited Use”, “Feedback”, “Disclaimer of Liability”, “Limitations of Liability”, “Indemnity”,  and “Miscellaneous” will survive termination of your right to use of the Website.

Miscellaneous

In the event that any portion of the Terms is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Terms shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the Terms. Gracefully Strong’s failure to enforce your strict performance of any provision of the Terms will not constitute a waiver of its right to subsequently enforce such provision or any other provision of the Terms. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Terms. The Terms shall be governed by and construed in accordance with the laws of the State of Texas, except with regard to its conflicts of law rules. Any action relating to the Content, Website or the Terms must be brought in the federal or state courts located in Fort Worth, Texas, and you hereby irrevocably consent to the jurisdiction of such courts. Any cause of action you may have with respect to the Content, Website or the Terms must be commenced within one (1) year after the claim or cause of action arose, or is barred. The Terms contain the entire agreement of the parties for the Website and supersede all existing agreements and all other oral, written, or other communication between the parties concerning its subject matter. You agree to use the Content and the Website only for lawful purposes. You are prohibited from any use of the Content or the Website that would constitute an illegal offense, give rise to liability, or otherwise violate any applicable local, state, national, or international law or regulation.

Our Commitment to Privacy

Your privacy is important to Gracefully Strong. To better protect your privacy, we are providing the following privacy policies that explain our online information practices and the choices you can make about the way your information is collected and used when you visit the Website.

Why We Use and Collect Information About You

Our primary goals in collecting personal information are to provide you with a smooth, efficient, and customized experience, to send you information upon your request, to facilitate your ability to make charitable donations and to thank you for your support.

The Information We Collect

In general, we may automatically gather certain usage information, such as the number and frequency of visitors to the Website. This information may include which URL you just came from, which URL you next go to, what browser you are using, and your IP address. We use such data only in the aggregate. This collective data helps us to determine how frequently our visitors use parts of the Website and to conduct internal research on our users’ demographics, interests and behavior to better understand and serve you. In addition, we may aggregate data and disclose such information in a nonpersonally identifiable manner to partners or third party vendors. In these situations, we do not disclose any information that could be used to identify you personally.

We may collect personal information that you voluntarily provide, such as your name, postal address, telephone number, e-mail address, or similar information, when you participate in certain activities on the Website, including (but not limited to) when you make a contribution to support Gracefully Strong, register for a Gracefully Strong event, send correspondence to Gracefully Strong through the Website, or participate in any activity that requires your personal information.

Sharing Information

As a matter of policy, we will not sell, rent, or share our donor lists with any third parties. We will not share any personal information about you in ways other than those described herein. However, we will disclose the information we have collected about you in the event we are required to do so by a court, administrative or governmental order, subpoena, or other legal process or requirement. We may also share the information collected about you if we believe it necessary in order to investigate, prevent or take action regarding illegal activities, suspected fraud, intellectual property infringement, violations of the Terms, or other activity that may expose Gracefully Strong or you to liability.

Our Commitment to Data Security

The safety and security of your personal information and credit card transactions is important to us. We use high-grade encryption technology and https security protocol to communicate with your browser software. This method is the industry standard security protocol, which makes it very difficult for anyone else to intercept the credit card information that you send to us. The company we use to process credit card transactions also uses high-grade encryption and security protocols.

Access to Information About You

If you desire to review your own personal information, to correct existing information, or to remove your information, please contact Gracefully Strong via email at info@gracefullystrong.com. If you request removal of your personal information, you acknowledge that residual information may continue to reside in Gracefully Strong’s records and archives, but Gracefully Strong will not use that information for commercial purposes. Gracefully Strong reserves the right to maintain your personal information if Gracefully Strong has suspended, limited, or terminated your access to the Website for violating the Terms.

Children

Gracefully Strong does not knowingly collect information from children under the age of 13. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our privacy policies by instructing their children never to provide information on the Website without their permission.

What Choices Do I Have?

As outlined in the Terms, you can always choose not to provide information; however, doing so may prevent you from making a donation or accessing other valuable features on the Website. We want all our visitors to have fun surfing the Website and urge you to use common sense whenever disclosing personal information on the Website or anywhere else on the Internet.

Contact Us

Gracefully Strong welcomes your questions or comments regarding the Terms:

Email Address: info@gracefullystrong.com

Telephone number: 817-269-5163

Effective as of March 9, 2016