Terms of Use
These terms and conditions outline the rules and regulations for the use of Our Terminal's website, located at www.ourterminal.com (the “Website”). The Website is the sole property of Our Terminal, Inc., a Texas not-for-profit corporation (the “Company”).
Our Terminal created the Website to provide resources and community for people and families navigating terminal illness. By accessing the Website you acknowledge that you have had the opportunity to read and review these Terms of Service and the Privacy Policy. By using the Website, or the services it provides, you agree to these Terms of Service and the Privacy Policy. Do not continue to use the Website if you do not agree to all of the terms and conditions stated on this page, or elsewhere on this site, as applicable.
The following definitions apply to these Terms of Service and the Privacy Policy:
a. "User," "You," and "Your" refers to you, the person using this website.
b. "We,” "Our," and "Us" refers to the Company.
c. "Party" or "Parties" refers to either or both the User and The Company.
Use of Cookies
We employ the use of cookies. By accessing and continuing to use the Website, you agree to the use of cookies in agreement with the Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used on the Website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
Decency in Communications
Parts of this website offer an opportunity for users to post and exchange opinions and information. Our Terminal does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Our Terminal, its agents, or affiliates. To the greatest extent possible, you release Our Terminal from any liability, damages or expenses caused or suffered as a result of any use of the Website by any other person.
You acknowledge that Our Terminal is not the publisher or speaker of any content posted by any other person on the Website, and that Our Terminal voluntarily takes action in good faith to restrict access to or availability of material that Our Terminal considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
You are encouraged to report content or conduct that you believe violates your rights, the Terms of Service, or the Privacy Policy.
Your Promises
In exchange for the services provided by Our Terminal, you agree that you will:
a. Provide accurate, honest information to Our Terminal when requested;
b. Create only one account on the Website, if any;
c. Never share your password or login information for the account, if any;
d. Read, acknowledge, agree to, and comply with the Privacy Policy posted on the Website.
You further agree that you will never use the Website to:
a. Solicit business;
b. Defame or abuse any person, or communicate prejudice or discrimination against any person’s race, gender, religion, national origin, or sexual orientation;
c. Commit any crime, perpetrate a fraud, breach any code of professional ethics, or provide unauthorized or unsolicited legal, financial, or medical advice;
d. Transmit or share any music, images, video, or other intellectual property without authorization or right to do so, or in any other way violate a person’s intellectual property rights;
e. Upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working appearance of the Website;
f. Access or collect data using automated means or for the benefit of a for-profit business, or attempt to access data you do not have permission to access.
Certain persons are not authorized to use the Website. You agree that you will stop using the Website immediately and refrain from further use if:
a. You are under 13 years old;
b. You have held a previous account that was disabled for violations of the Websites Terms of Service or Privacy Policy;
c. You are prohibited from receiving our products, services, or software under applicable laws; or
d. Our Terminal has notified you that you are not authorized to use the Website.
Our Terminal’s Permissions
By using the Website, you agree and acknowledge that Our Terminal may:
a. Remove or restrict any content posted by any person that is in violation of these Terms of Service or the Privacy Policy;
b. Make good faith efforts to remove or restrict any content that Our Terminal considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; and
c. Use your name, profile picture, and information about your actions to further the goals of Our Terminal.
Intellectual Property
The Company and/or its licensors reserve all rights to the Website’s domain name and any marks, information, or other intellectual property generated by or communicated by the Company.
You may not:
a. Republish material from Our Terminal;
Sell, rent or sub-license material from Our Terminal;
Reproduce, duplicate or copy material from Our Terminal; or
Redistribute content from Our Terminal.
You hereby grant Our Terminal a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Without prior approval and written permission, you may not in any way alter the visual presentation or appearance of the Website.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Disclaimer
To the maximum extent permitted by applicable law, we disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Governing Law, Dispute Resolution
These terms are governed by the laws of the State of Texas. You and Our Terminal agree to make diligent, good-faith efforts to resolve any dispute arising in relation to these Terms of Service or the Privacy Policy by mutual agreement. To the extent that such efforts fail or are refused by any party, any dispute arising from these Terms of Service or the Privacy Policy shall be decided in a court of competent jurisdiction in Brazos County, Texas or in Federal Court in the Southern District of Texas, where applicable.
Other
These Terms of Service and the Privacy Policy constitute the entire agreement between you and Our Terminal regarding your use of the Website, and supersede any prior agreements or prior versions of either the Terms of Service or the Privacy Policy.
If any portion of these Terms of Service or the Privacy Policy is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
Your rights and obligations under these Terms are not transferable or assignable. Our Terminal reserves all rights not expressly granted to you.
Privacy Policy
At Our Terminal, accessible from www.ourterminal.com, one of our main priorities is the privacy of our visitors. This Privacy Policy document describes the information that is collected and recorded by Our Terminal and how we use it.
If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.
This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that is shared or collected in Our Terminal. This policy is not applicable to any information collected offline or via channels other than this website.
Consent
By using our website, you acknowledge and consent to the activities outlined in this Privacy Policy and agree to its terms or conditions.
Information We Collect
If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message or attachments you may send us, and any other information you may choose to provide.
When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.
You acknowledge that any information you provide to Our Terminal is given with your consent in exchange for your use of Our Terminal’s services, and Our Terminal may use that information in any lawful manner consistent with this Privacy Policy and the Terms of Service.
How We Use Your Information
We use the information we collect in various ways, including to:
Provide, operate, and maintain our website
Improve, personalize, and expand our website
Understand and analyze how you use our website
Develop new products, services, features, and functionality
Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
Send you emails
Find and prevent fraud
No Special Relationship
Our Terminal does not owe any special duties to users of the website. This means that you waive any claim of confidentiality or privilege with regard to any information you post on the website or share with Our Terminal or any other users of the website. Any information you share on the website shall lose any privacy protections of HIPAA, FERPA, or any other privacy rules or statutes.
Log Files
Our Terminal follows a standard procedure of using log files. These files log visitors when they visit websites. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.
Cookies and Web Beacons
Like any other website, Our Terminal uses 'cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and other information.
GDPR Data Protection Rights
Our Terminal is a Texas non-profit corporation which operates entirely inside the United States, and is therefore not generally subject to the laws of other jurisdictions. However, if you are an individual located inside the European Union, you may be entitled to the following:
The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.
The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
Outside Links
Our Terminal’s website may contain links to other sites. We have no control over the privacy practices of such other websites and we recommend that you read the privacy policies of those other websites. Our Terminal is not responsible for the privacy practices of other people.
Legal Disclosure
On rare occasions, we may disclose specific information upon governmental request, in response to a court order, or when required by law to do so. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.
Children's Information
Our Terminal is dedicated to protecting the privacy and security of children on the internet. While parents may use this site’s resources for support in guiding their children through grief or illness, this site does not publish content that is targeted to children and we ask that children do not use our site. We encourage parents and guardians to observe, participate in, monitor, and guide their online activity.
Our Terminal does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.
Terms and Obligations
This Privacy Policy is incorporated into the Terms of Service for Our Terminal’s website, and is subject to all of the terms provided therein. These policies are subject to change at the sole discretion of Our Terminal, and you may not receive notice of such changes, so it is your responsibility to review this Privacy Policy often.