Terms of Use


 
 
 
 

Terms of Use

As of November 28, 2023

Yearly Angels Programs, Eligibility Requirements, Rules, etc.: Yearly Angels, Inc. has created two programs to help individuals in need. They are called the Multiple Sclerosis Help Program(MSHP) and the Income Help Program(IHP).

Multiple Sclerosis Help Program (MSHP) is designed to help individuals or families who have been diagnosed with Multiple Sclerosis and need extra assistance during the Christmas holiday season to meet various needs, including paying their medical bills, buying medicine, paying household bills, buying toys for their children, clothes, food, or purchasing basic household necessities by providing a stipend from One Dollar ($1) to One Thousand Dollar ($1,000.00) to each individual/family recipient. To be eligible, the applicant must have been diagnosed with Multiple Sclerosis within the last two (2) years, and you need to submit all the documents that are required in order to be considered.

The Income Help Program (IHP) is designed to help individuals or families during the Christmas holiday season to meet various needs, including paying their medical bills, buying medicine, paying household bills, buying toys for their children, clothes, food, or purchasing basic household necessities by providing a stipend From One Dollar ($1) to One Thousand Dollar ($1,000.00) to each of the individual/family recipients. To be eligible, you need to submit all the documents that are required in order to be considered, a household must have a gross income at or below 175% of the Federal Poverty Level and responsible for the bills.

Yearly Angels, Inc. (“Yearly Angels”) provides information about various topics on its website and provides users the ability to apply for its services or request additional information via its website located at www.yearlyangels.com.  These Services are provided at no charge on the express condition that users agree to be bound by these terms and conditions. PLEASE READ THIS LEGAL NOTICE CAREFULLY.  This Terms of Use and the “Privacy Policy” together with any documents expressly incorporated by reference (collectively, the “TOU”), govern your use of the Site.

The words “you,” “your” and “user” as used herein refer to all individuals and/or entities accessing or using the Site for any reason, whether as a guest or a registered user.  By using the Site or by clicking to accept or agree to the TOU when this option is made available to you, you accept, without limitation or qualification, and agree to be bound by these TOU.  IF YOU DO NOT AGREE WITH THIS LEGAL NOTICE, OR ANY POSTED GUIDELINES OR RULES, DO NOT USE THE SITE.

Changes to the Terms of Use. We reserve the right to change this TOU by posting new terms on the Site.  All such changes will be effective immediately upon posting.  Your use of the Site will constitute your binding acceptance of these TOU, as amended from time to time.

Medical Information.  Yearly Angels provides resources and other information about Multiple Sclerosis (“MS”). The Site provides this educational and general information on the express condition that you agree to be bound by these TOU.  Although we do due diligence to ensure our comments are based on professional advice, published experience and expert opinion, such information does not represent therapeutic recommendation or prescription and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. You understand the Site is not constantly monitored and if you are in need of immediate medical attention you should call 9-1-1 without delay. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment. 

Not-for-Profit Status.  Yearly Angels, Inc. is a Not-for-Profit organization.  If you wish to obtain any information about our not-for-profit status, you may contact us via email or by contact page.

Third-Party Websites.  The Site may contain links to websites and applications that are unrelated to us and are owned and operated by third parties (the “third-party sites”).  Yearly Angels does not make any representations or warranties about any third-party sites you may access through our Site.  These links are provided solely as a convenience to you and do not constitute an endorsement or affiliation by Yearly Angels.  Yearly Angels is not responsible for the contents of, or any products or services offered on any third-party sites.  You need to make your own independent decisions regarding your use of any third-party website.

Accessing the Site and Account Security.  Yearly Angels reserves the right to withdraw or amend the Site without notice.  We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Site, or all of the Site, to users, including registered users.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of any of the Site that all the information you provide on the Site is correct, current and complete.  You agree that all information you provide to register with the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You are responsible for the security of your own password and account and should use caution when accessing your account.  Please notify us if there is any unauthorized access to your account and contact us if you need your password reset.

Monitoring and Termination of Users.  You acknowledge and agree that we may monitor user activities and information and your conduct on the Site and, in our sole discretion, terminate a user account, access and/or remove content for any reason.

Anything You Post on the Site is Public.  Carefully consider what you post to the Site and make available to other users.  Information you post to the Site may be publicly available and you agree that you will not post or otherwise provide any information that you would not want to be publicly available.

Acceptable Use Policy.  You agree you will not:

  1. upload, post, email or otherwise transmit or link to any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anyone’s privacy, hateful, fraudulent, pornographic, profane, offensive, or racially, ethnically or otherwise objectionable, or may expose Yearly Angels or its users to any harm or liability of any type;
  2. intimidate or harass another through either affirmative or passive means (each user is solely responsible for his or her interactions with other users);
  3. post photographs or videos of or with someone else unless you have their explicit permission;
  4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity or post topics with the sole purpose of starting a dispute;
  5. disclose personal information about another person or harass, stalk, abuse, or post irrelevant or objectionable material;
  6. attempt to communicate with users who have expressed the desire that you not communicate with them;
  7. upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  8. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any party;
  9. upload, post, email or otherwise transmit any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation except as specifically allowed by the TOU (posting the same note more than once can be considered “spam” or “spamming”);
  10. harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  11. upload, post, email or otherwise transmit any material that contains software viruses, worms, “Trojan Horses,” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  12. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  13. intentionally or unintentionally violate, or encourage the violation of, any applicable local, state, national or international law; or
  14. promote or sell vitamins, medications, health care products or services.

Donor Contributions. The Site accepts donations from individuals and companies (“Donor”). All donations are used to carry out the mission of Yearly Angels and are tax-deductible. In processing a donor’s online contribution, Yearly Angels incurs administrative costs, including, without limitation, PayPal processing fees. Yearly Angel currently uses PayPal to process contributions made by Donors online. PayPal charges a processing fee to process contributions through its site. This processing fee is subject to change at PayPal’s discretion. Currently, Yearly Angels’ administrative fee is approximately 2.2% + $0.30. Donors may elect the option of paying this administrative fee so that 100% of their donation goes to Yearly Angels. If the Donor chooses this option, the Donor will pay their contribution amount plus the administrative fee. Donors are advised that the total amount of their contribution may vary since the administrative fee is an approximate number and not exact. Yearly Angels reserves the right to make changes to how it processes online contributions (i.e., the processing company it uses, the amount of the processing fee, etc.). Any questions regarding this process may be directed to info@yearlyangels.com.

Children’s Privacy.  This Website is not directed at children who are under 13 years of age. It is our policy to require that individuals requesting information on this Site be 13 years of age or older. Should we receive Personal Information from a person who we know is under 13, unless it was given by the parent. We will automatically delete such information from our database. The information will not be used for any purpose.

User Interactions.  We are not responsible for any disputes or disagreements between you and any user you interact with using the Site.  You assume all risk associated with dealing with other users, including advice, medical or otherwise, that other users may share with you.  You agree to resolve disputes directly with the other user.  You release Yearly Angels of all claims, demands, and damages arising from disputes among users of the Site.  You also agree not to involve us in such disputes.

Electronic Communication.  By using the Site, providing personal information through registration on your profile page, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site.  If we learn of a security system’s breach, you consent that we may attempt to notify you electronically by posting a notice on or through the Site or sending an email to you.

Authorization of Use and General Prohibited Uses.  We authorize you to view and download a single copy of the content on the Site, including content from any source solely for your lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in the TOU.  You must maintain all copyright and other proprietary notices contained in the Material.

The Site shall not be used by any person to post, transmit, display, publish, distribute or otherwise exploit content or other materials that

  • i.        violates the TOU;
  • ii.        ii. infringes upon the intellectual property rights of others or violates other personal rights of others;
  • iii.        iii. is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; or
  • iv.        iv. violates applicable laws, rules and regulations.

You agree that you will not use any robot, spider or other automated device, process, or means to access the Site, nor will you disrupt or interfere with any material or another’s use of the Site.

You Give Yearly Angels a License to Your Content.  By creating, posting, or sharing your user content on or through the Site, and subject to Yearly Angels’ Privacy Policy, you grant Yearly Angels a worldwide, non-exclusive, sub-licensable, royalty-free, transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use, modify, and exploit your user content for any purpose without compensation to you, including for the purpose of promoting Yearly Angels and its services.  You waive any rights you may have regarding your content being altered or manipulated in any way that may be objectionable to you.  This license does not apply to information we agree to maintain as private pursuant to our Privacy Policy.  You also hereby grant each user of the Site a non-exclusive license to access your content through the Site.  You also acknowledge that Yearly Angels may use anonymized and aggregated data about Site users.  You agree that you will not obtain, as a result of your use of the Site, any right, title, or interest in or to such content. You represent and warrant that you own, control or otherwise have sufficient rights to the content posted or provided by you on or through the Site and that your posting does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or other intellectual property rights of others.

Copyright and Other Restrictions On Use of the Site and Prohibition Against Copying.  The contents of the Site, from any source (the “Material”), are protected by copyright and trademark under both United States and foreign laws.  Unauthorized use of the Material may violate copyright, trademark, and other laws.

If you believe in good faith that any Material on the Website infringes your copyright, you (or your agent) may send Yearly Angels’ Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) a written notice requesting that Yearly Angels remove or block access to the infringing material. Your notice to Yearly Angels must include the following information:

  • (1)  an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • (2)  identification of the copyrighted work or other intellectual property that you claim has been infringed upon;
  • (3)  a description of where the material that you claim is infringing is located on the Website with sufficient detail (including applicable URL if possible) that Yearly Angels may find it on the Website;
  • (4)  your address, telephone number, and e-mail address;
  • (5)  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • (6)  information, if possible, sufficient to permit Yearly Angels to notify the owner/administrator of the allegedly infringing content; and
  • (7)  a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the “DMCA”) permits you to send Yearly Angels a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to our Agent.

Contact information:  Fill Out Contact Page.  E-mail:  breyuna.williamsesq@gmail.com.

Yearly Angels will terminate, in appropriate circumstances, subscribers and account holders of Yearly Angels’ Site who are repeat infringers of others’ intellectual property rights.  Yearly Angels accommodates and does not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works.

Governing Law and Jurisdiction.  All disputes or claims arising from the use of Site and the TOU, shall be governed by Georgia law.  You and Yearly Angels agree to submit to arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association.  Any arbitration shall be conducted in Atlanta, Georgia.  You covenant not to sue Yearly Angels in any other forum.

You also acknowledge with respect to any dispute with Yearly Angels arising out of or relating to your use of the Site or the TOU, you are giving up your right to have a trial by jury, and you are waiving your right to serve as a representative, or to participate as a member of a class of claimants against Yearly Angels.

Any cause of action or claim you may have to arise out of or relating to the TOU or the Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred. 

Disclaimer of Warranties.  THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER YEARLY ANGELS NOR ANY PERSON ASSOCIATED WITH YEARLY ANGELS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY OF THE SITE.  YEARLY ANGELS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

We do not warrant that files available for downloading from the Site will be free of viruses or other destructive code.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, OR OTHER PROPRIETARY MATERIAL.

Limitation on Liability.  IN NO EVENT WILL YEARLY ANGELS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE.

TO THE EXTENT ANY LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TOU OR YOUR USE OF MATERIAL, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED $100.

  1.   You agree to defend, indemnify and hold harmless Yearly Angels, it chapters, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the TOU or your use of the Site.

Waiver and Severability.  No waiver by Yearly Angels of any term or condition in the TOU shall be deemed a continuing waiver, and shall not prevent Yearly Angels from asserting any right under the TOU.

If any provision of these TOU is held by a court or other tribunal to be invalid, illegal or unenforceable, the remaining provisions of the TOU will continue in full force and effect.

Geographic Restrictions.  We make no claims that the Site or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Entire Agreement.  The TOU and our Privacy Policy constitute the sole and entire agreement between you and Yearly Angels with respect to the Site.

 

 

 

 

 


 
 

 
 
 

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