This Web site or mobile application (referred to herein as the “Site” for ease of reference) is owned and operated by End Well or an End Well subsidiary or affiliate, collectively “we,” “us,” or “End Well.” Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site, and your agreement to be bound by these Terms of Service. By using the Site, you agree to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available on or through the Site.
We reserve the right to modify these Terms of Service at any time, in which case the revised Terms of Service will appear on the Site. Continued use of the Site after we post any such changes will constitute your acceptance of the Terms of Service, as modified.
(A) End Well’s Limited License to You. This Site and all the materials contained on it are our property and/or the property of our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. We provide the Site for personal noncommercial use only. You may only use this Site and the materials on it as authorized by us. You may not use this Site or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third party. We reserve the right, at any time and without notice, to suspend, cancel, or terminate your right to use the Site (or any portion of the Site) for violation (whether repeated or not) of copyrights or any other rights belonging to us or a third party. Unless authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. Information about permission to reproduce or distribute materials from the Site can be obtained by emailing hello@endwellproject.org.
(B) Your License to End Well. By posting or submitting any material (including, without limitation, text, photos, and videos) to the Site, you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use; and (ii) that you are 13 years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.
When you submit or post material, you grant to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address, or Member name, as we deem appropriate.
(C) Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Site in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice by U.S. Mail to End Well, 1901 Avenue of the Stars, Los Angeles, CA 90067, or by email to hello@endwellproject.org.
Please include the following information in your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed;
(2) a description of the location of the allegedly infringing material on the Site;
(3) your contact information, including your address, telephone number, and, if available, e-mail address;
(4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
(D) Restrictions on Linking and Framing. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship of your site by End Well. However, you may not frame or inline link to any of the content of the Site, or incorporate into another Web site or other service any of our material or intellectual property without the written permission of End Well.
This Site may include interactive features, including, but not limited to, message boards, web logs, e-mail services, and areas that allow uploading of user-generated content (the “Interactive Features”). You are responsible for any material that you post or provide through any other Interactive Features on the Site. We do not control the messages, information, or files that you or others may provide through the Site. We provide these features for the use of civil conversation and interaction between our community members. This Site, including its Interactive Features, shall be used for lawful purposes only; you shall not:
We shall have the right, but no obligation, to monitor the content of the message boards or other Interactive Features to determine compliance with this Agreement, Community Guidelines, and any other operating rules we establish. We shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the message boards or other Interactive Features of the Site. Notwithstanding this right, users shall remain solely responsible for the content of their messages. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement on the message boards or other Interactive Features of the Site, whether it is provided by us, our employees, or a third party. Under no circumstances will we be liable for any loss or damage of any kind caused by reliance on information obtained through postings on the message boards or other Interactive Features of the Site. We are not responsible for any offensive, defamatory, or obscene posting made on the message boards or other Interactive Features of the Site.
We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are inappropriate, objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service, or who, in our sole judgment, interferes with the ability of others to enjoy our Web site or infringes the rights of others. Neither we nor any third-party content provider shall assume or have any liability for any action or inaction by us or any third-party content provider with respect to any conduct, communication, or posting on the message boards or other Interactive Features of the Site.
To access certain features of the Site, we may ask you to provide personally identifiable information such as your name, e-mail address, ZIP code, and date of birth. You will provide true, accurate, current, and complete information about yourself for any registration form located on the Site. If we suspect that information you provide is untrue, inaccurate, or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse all current or future use of the Site. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
You may need a username and password to use certain features of the Site. By registering on the Site, you agree that you will not (i) select or use a username or e-mail address of another person with the intent to impersonate that person; (ii) use a username or e-mail address subject to the rights of any person without authorization; (iii) use a username in violation of the intellectual property rights of any person; or (iv) use a username that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify us immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.
Use of Directories
The information contained in any directories that may be provided on the Site is provided for visitor information only and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. Neither we, nor our suppliers, will be liable in any way with regard to such information.
The Site may provide links to Web sites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us or our subsidiary companies. When you access these third-party sites, you do so at your own risk.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING MESSAGE BOARDS, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, SUBSCRIBERS, MEMBERS OR OTHER USERS OF THE MESSAGE BOARDS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THIS SITE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE SITE OR THIRD-PARTY SITES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
Any financial information provided on the Site is for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Site should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You assume any and all risk for your use of financial information provided on the Site.
Nonpartisan Organization
End Well is a nonprofit, nonpartisan organization dedicated to the belief that all people should experience end of life in a way that matches their values and goals. End Well does not endorse, support, or oppose political candidates or parties, and does not have a PAC.
Certain sections of the Site may provide links to sites of third parties, where you may be able to purchase online many different types of products and services that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service offered or provided by a third party. If you make a purchase from a merchant on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant. A merchant that offers or sells products or services through the Site may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. For more information about a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s Web site and click on its information links or contact the merchant directly. You agree that neither we nor our affiliates are responsible for any damages that you incur, and you will not assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY COMPANIES OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.)
IN NO EVENT WILL WE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR RELATED ONLINE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MESSAGE BOARDS OR OTHER INTERACTIVE FEATURES, OR OUT OF THE BREACH OF ANY WARRANTY.
IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Please note that the contact information provided in this paragraph should only be used for reporting suspected copyright infringement. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site.
Please include the following information in your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed;
(2) a description of the location of the allegedly infringing material on the Site;
(3) your contact information, including your address, telephone number, and, if available, e-mail address;
(4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
(D) Restrictions on Linking and Framing. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship of your site by End Well. However, you may not frame or inline link to any of the content of the Site, or incorporate into another Web site or other service any of our material or intellectual property without the written permission of End Well.
This privacy policy discloses the privacy practices for End Well Foundation, (“endwellproject.org”) when you interact with us via our website, email, social platforms, or any other online services where we post content (our “Services”). Here is what you will find:
What information is collected from you through the website, how it is used, and with whom it may be shared
What choices you have regarding the use of your data
The security procedures in place to protect the misuse of your information
How you can correct any inaccuracies in the information
This policy applies to End WEll and our websites, emails we send, as well as the information we collect when you interact with us through social media or other websites and online services. It does not apply to non-End Well websites and mobile applications that may link to the Services or be linked to or from the Services; please review the privacy policies on those websites and applications directly to understand their privacy practices.
Information Collection, Use, and Sharing
Information You Give Us:
Some of the Services may include features or services that permit you to enter contact information and other information about you. We collect and store any information you enter on our Services. This may include your name, mailing address, ZIP code, phone number, or email address.
We will use your information to communicate with you, including to respond to your inquiries, and to provide you with email bulletins if you have subscribed. While we may utilize service providers to assist in these activities, we will not share your information with any third party outside of our organization, other than as necessary to fulfill your request. We will not sell or rent information you give us to anyone.
Information We Collect Automatically:
When you interact with the Services, certain information about your use of our Services is automatically collected. This information includes computer and connection information, such as statistics on your page views, traffic to and from our Services, referral URL, ad data, your IP address, and device identifiers. This information also may include how you search for our Services, the websites you click on from our Services or emails, whether and when you open our emails, and your browsing activities across other websites. When you interact with us or the Services through a social media platform (such as by clicking on a social media icon linked from our Services), we may collect the personal information that you make available to us on that page, including your account ID or username and other information included in your posts. If you choose to log in to your account with or through a social networking service, we and that service may share certain information about you and your activities.
Much of this information is collected through cookies, web beacons, and other tracking technologies, as well as through your web browser or device (e.g., IP address, MAC address, browser version, etc.). The tracking technologies employed when you use our Services may be first-party or third-party.
We use cookies to analyze how the End Well website is accessed, used, or is performing. We use this information to maintain, operate, and continually improve the End Well website. For example, we use Google Analytics to help us analyze how users interact with and use the Services, compile reports on the Services’ activity, and provide other services related to our Services’ activity and usage.
We may also obtain information from our email newsletter(s), to learn whether you opened or forwarded the newsletter or clicked on any of the content. This information tells us about our newsletters’ effectiveness and helps us ensure that we’re delivering information that you find interesting.
At some point in the future, we may partner with third parties who use cookies to display interest-based advertising to you on the Services. Interest-based advertising is the collection of data across different websites and/or different devices for the purpose of tailoring advertising based on preferences or interests known or inferred from the data collected. Additional third parties, including Google, Facebook, and other social media platforms may use tracking technologies on our website to collect or receive information from the End Well websites and elsewhere on the internet and use that information to provide measurement services and target ads when you leave the Services.
While End Well will not share information that personally identifies you with unaffiliated third parties for their own uses, such third parties may, with sufficient data from other sources, be able to personally identify you.
Your Access to and Control Over Information
You may opt out of any future email contacts from us at any time by contacting us via the email address listed below.
You can learn more about ad serving companies and the options available to limit their collection and use of your information by visiting the websites for the Network Advertising Initiative, the Digital Advertising Alliance, and the European Interactive Digital Advertising Initiative. Similarly, you can learn about your options to opt out of mobile app tracking by certain advertising networks through your device settings and by resetting the advertiser ID on your Apple or Android device.
Most web browsers automatically accept cookies but, if you prefer, you can usually modify your browser setting to disable or reject cookies. If you delete your cookies or if you set your browser to decline cookies, some features of the Services may not be available, work, or work as designed.
Please note that opting out of advertising networks services does not mean that you will not receive advertising while using our Services or on other websites, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms. If you delete your cookies, you may also delete your opt-out preferences.
You may also contact us to:
Additional Information About our Data Collection and Sharing Practices:
We may make changes to this Policy from time to time. We will post any changes, and such changes will become effective when they are posted. Your continued use of our Services following the posting of any changes will mean you accept those changes.
We or our partners may combine information from the Services together and with other information we obtain from our business records or from third party sources. We also may use or combine information that we collect from the Services with information provided by third parties, including demographic information and other attributes, and organizational affiliations.
We may change our ownership or corporate organization while providing the Services. We may transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets, or any line of business, change in ownership control, or financing transaction. We cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Policy.
We may use or disclose information about you if required to do so by law or on the good-faith belief that such sharing is necessary to (a) conform to applicable law or comply with legal process served on us or our Services; (b) protect and defend our rights or property, the Services, or our users; or (c) act to protect the personal safety of our employees and agents, other users of the Services, or members of the public.
Security
We take precautions to protect your information. When you submit information via the website, your information is protected both online and offline.
Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Information for Users in Europe and Elsewhere Outside the U.S.
If you use our Services outside of the United States, you understand that we may collect, process, and store your personal information in the United States and other countries. The laws in the U.S. regarding personal information may be different from the laws of your state or country. Any such transfers will comply with safeguards as required by relevant law. If applicable, you may have a right to claim compensation for damages caused by a breach of relevant data protection laws.
Users in the European Union (EEA) and Switzerland
If you are a resident of the EEA or Switzerland, the following information applies.
Purposes of processing and legal basis for processing: As explained above, we process personal data in various ways depending upon your use of our Services. We process personal data on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide Services; and (3) as necessary for our legitimate interests in providing the Services where those interests do not override your fundamental rights and freedom related to data privacy.
Right to lodge a complaint: Users that reside in the EEA or Switzerland have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here.
Transfers: Personal information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities. In accordance with the General Data Protection Regulation (GDPR), we will ensure that any transfers of personal information to a third country or an international organization are subject to appropriate safeguards as described in Article 46 of the GDPR.
Individual Rights: If you are a resident of the EEA or Switzerland, you are entitled to the following rights. Please note: In order to verify your identity, we may require you to provide us with personal information prior to accessing any records containing information about you.
The right to request data erasure.
You have the right to have your data erased from our Services if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.
The right to restrict or object to our processing.
You have the right to restrict or object to our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); if we are using your data for direct marketing (including profiling); or if processing your data for purposes of scientific or historical research and statistics.
By attending any End Well event (“Event(s)”) you agree to the following terms:
You expressly assume all risk arising from or incidental to your attendance at the Event(s) and agree that End Well, LLC (“End Well”) and its partners and collaborators will not be responsible or liable for any such risk, including, but not limited to, injury, damage, or death, and in no event will End Well or its partners or collaborators be responsible for any direct, consequential, or indirect damages arising from such risk.
On behalf of yourself, your heirs, family members, and executors, you hereby irrevocably release End Well, its partners and collaborators (and each party’s respective directors, officers, trustees, employees, agents, contractors, and volunteers) from, and agree not to bring, any claim of any nature that you have or ever may have (including, but not limited to, negligence, wrongful death, personal injury, and/or damage to property) based on or incidental to your participation at the Event.
For California Events Only: You hereby waive all rights under California Civil Code Section 1542, which states: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor, as well as any law of any other jurisdiction that limits any release of unknown claims.
You agree to conduct yourself in a manner that is aligned with End Well’s values and mission while participating in the Event(s).
You expressly agree to indemnify and hold harmless End Well, directors, officers, trustees, employees, agents, contractors, and volunteers, from any and all claims, demands, liabilities and/or damages arising from your conduct or omissions during the Event.
There is a chance that End Well Event(s) will be recorded or photographed. You give permission to End Well (and its partners and collaborators) to take your photograph and record video of you during the Event(s).
You hereby irrevocably and unconditionally grant to End Well the worldwide, royalty-free, sublicensable, transferable right in perpetuity to use your name (if provided), likeness, and voice with respect to any photographs, video, or statements taken of you (collectively, “Photographs”) by End Well or its partners and collaborators (and their respective contractors and employees) in any medium now known or later developed, in connection with marketing, advertising, promotion, and fundraising or other charitable purposes.
You acknowledge that End Well owns all rights in the Photographs and that End Well may change, alter, or modify the Photographs in any manner without your inspection or approval.
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