Terms of Use

Thank you for visiting the Trachs and Tubes website. To make the site useful and safe, we have established certain guidelines, below. Trachs and Tubes Foundation, Inc. (referred to as “Trachs and Tubes” or “we” or “us” or “our”) reserves the right to change these guidelines and disclaimers at any time, and you agree that each visit you make to the Trachs and Tubes website shall be subject to the current guidelines.

TRACHS AND TUBES PROVIDES THIS SITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. YOUR USE OF THIS WEBSITE RESULTS IN AN AGREEMENT AS FULLY DESCRIBED IN THE SECTION ENTITLED AGREEMENT. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:

SITE CONTENT COPYRIGHTED  

The contents of the Trachs and Tubes website pages, including, but not limited to text, graphics and icons, are copyrighted materials owned or controlled by Trachs and Tubes and contain the Trachs and Tubes’ name, trademarks, service marks, and trade names.

You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about or evaluating Trachs and Tubes activities. You may also download, reproduce, and distribute photos appearing in the website. These copyrighted photos may only be used in their original form, and may not be altered or modified. When copyrighted photos downloaded from the website are reproduced, published or displayed, they must bear the word “copyright” or the (c) symbol and the statement: “Courtesy of Trachs and Tubes.”

No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify copyrighted materials from the Trachs and Tubes website. No permission is granted to you to use Trachs and Tubes icons, site address, or other means to hyperlink other Internet sites with any page in the Trachs and Tubes website, and Trachs and Tubes assumes no responsibility for any other party’s site hyperlinked to the Trachs and Tubes website or in which any part of the Trachs and Tubes website has been hyperlinked.

WARRANTY

THIS SITE, INCLUDING ALL DATA, SOFTWARE, DOCUMENTATION, AND CONTENT CONTAINED WITHIN IT AND ALL SERVICES AVAILABLE ON IT, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TRACHS AND TUBES MAKES NO WARRANTY THAT THE DATA AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DATA OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY DATA OR SERVICES WILL MEET YOUR EXPECTATIONS. NEITHER TRACHS AND TUBES NOR ANY OF ITS CONTRACTORS AND AGENTS ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY DATA OR INFORMATION DISCLOSED; NOR DO THEY REPRESENT THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS.

NON-ENDORSEMENT

Reference to any specific company, products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by Trachs and Tubes.

LIMITATION OF LIABILITY

TRACHS AND TUBES AND ITS CONTRACTORS, AGENTS, AND AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR DATA, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES, DATA, CONTENT, OR INFORMATION IS TO STOP USING THE SITE AND/OR THOSE SERVICES, CONTENT, DATA OR INFORMATION.

This disclaimer of liability applies to 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. You specifically acknowledge that Trachs and Tubes is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and Trachs and Tubes reserves the right to remove such materials from the Trachs and Tubes website without liability.

INDEMNITY

Each User shall indemnify, hold harmless, and defend Trachs and Tubes and its officers, directors, employees, agents, and affiliates from and against all claims, demands or liability arising out of or related to such users violation of any of the provisions of this agreement.

CURRENT STATE OF INFORMATION 

The information published on this website was valid at the time of publication. Trachs and Tubes reserves the right to make changes and improvements at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions, or discrepancies.

LINKS TO THIRD PARTY WEBSITES

Trachs and Tubes website contains links to and frames of sites which are not maintained by Trachs and Tubes. While we try to include only links to or frames of those sites which are in good taste and safe for our visitors, we are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links and frames in the Trachs and Tubes’ website does not imply Trachs and Tubes’ endorsement of the linked or framed sites or their content.

TRACHS AND TUBES AND ITS OFFICERS, EMPLOYEES, AND AGENTS HAVE NO CONTROL OVER, AND NO LIABILITY FOR, ANY THIRD PARTY WEB SITES OR MATERIALS. TRACHS AND TUBES MAKES NO GUARANTEES ABOUT THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF THE INFORMATION PROVIDED BY SUCH SITES, NOR DOES IT ASSUME RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT THAT MAY RESIDE ON THOSE SITES. YOU ACKNOWLEDGE AND AGREE THAT COMPANY MAKES NO GUARANTEES ABOUT, AND ASSUMES NO RESPONSIBILITY FOR, THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF THIS THIRD PARTY CONTENT, AND THAT, UNLESS EXPRESSLY PROVIDED OTHERWISE, THESE TERMS OF USE SHALL GOVERN YOUR USE OF ANY AND ALL THIRD PARTY CONTENT.

THE MATERIAL IN THIRD PARTY SITES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRACHS AND TUBES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. TRACHS AND TUBES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS ON THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE THIRD PARTY SITES, INCLUDING BULLETIN BOARDS ON THOSE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (NOT TRACHS AND TUBES) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION FROM SUCH HARMFUL EFFECTS.

Trachs and Tubes reserves the right to disable links from third-party sites to its website.

E-MAIL AND MESSAGE BOARDS

By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Trachs and Tubes’ website, you agree to grant Trachs and Tubes a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication; and sublicense to third parties the unrestricted right to exercise any of the foregoing right granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including, but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. You also agree not to use the Trachs and Tubes’ e-mail service to send spam or to use the website’s domain name when sending e-mail from another destination.

The Trachs and Tubes website may include message boards which allow feedback to Trachs and Tubes and real-time interaction between users of the site. Trachs and Tubes does not control the messages, information, or files delivered to the message boards. It is a condition of your use of the message boards and this website that you do not:

Restrict or inhibit any other user from using and enjoying the message boards;

Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

Post or transmit any information, software, or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;

Post or transmit any information, software or other material which contains a virus or other harmful program; or

Post or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising.

You understand that Trachs and Tubes has no obligation to monitor the message boards. Trachs and Tubes reserves the right at all times, however, to disclose any information as necessary or proper to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Trachs and Tubes’ sole discretion are objectionable or in violation of these Terms of Use, or for the purposes of clarity or conciseness. Violators of this policy may be barred from access to our message boards.

If you have any questions about this policy, or if you have knowledge that infringing content has been posted on the Trachs and Tubes’ website, please notify:

Trachs and Tubes Foundation, Inc.
197 Woodland Pkwy, Suite 104 #845
San Marcos, CA 92069
info@trachsandtubes.org

Updated November 2022