Introduction

Top of the Mountain welcomes you to our website, topofthemountain.org.

Your access and use of topofthemountain.org is subject to the following Terms and Conditions of Use and any governing laws. By accessing and using this website, you acknowledge that you have read, understood and accepted these Terms and Conditions. You further agree that any other inconsistent agreement between you and Top of the Mountain is superseded by these Terms and Conditions of Use. If you do not accept these Terms and Conditions of Use, you may not access or use this website.

topofthemountain.org may contain references or information relating to various medical conditions and diseases. The information is provided for informational purposes only. It is not a substitute for advice provided by any qualified healthcare professional. You should, in all circumstances, seek the advice of a physician or other qualified health provider about information concerning any medical condition. Never disregard professional advice or delay in seeking it because of something you have read on our website. topofthemountain.org does not endorse or recommend any specific products, processes, services, or research.

Use of This Website

The information, services and content provided on this website (the "Content") is for general informational and educational purposes only. You may access, download, display, or print information from this website only for non-commercial or personal use.

Disclaimer of Warranties

Neither Top of the Mountain nor any party involved in creating, producing or maintaining topofthemountain.org makes any warranties or representations as to the accuracy, currency, completeness, timeliness or availability of the Content provided through topofthemountain.org.

The Content provided through topofthemountain.org is provided "as-is,” "with all faults" and "as available.” You agree that access to and use of topofthemountain.org and the information, services and content provided there is at your own risk. Top of the Mountain and all other parties involved in creating, producing or maintaining topofthemountain.org disclaim all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.

Limitation of Liability

topofthemountain.org is provided to you as a free informational service. You agree that neither topofthemountain.org nor any party involved in creating, producing, delivering or maintaining topofthemountain.org shall be liable for damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of or relating to access to, use of, or inability to use topofthemountain.org or any of the Content or services provided there through, or any errors or omissions in topofthemountain.org's content or services, whether based on warranty, contract, negligence, tort, or any other legal theory, and whether or not topofthemountain.org or any party involved in creating, producing or maintaining topofthemountain.org is advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend and hold harmless Top of the Mountain and any other party involved in creating, producing or maintaining topofthemountain.org and each of their respective officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions of Use.

Privacy

We respect your privacy. Our collection and use practices regarding your personally identifiable information are set forth in our Privacy Policy, which is incorporated into these Terms and Conditions of Use. Please take time to review our Privacy Policy. If your browser does not reference a link to our Privacy Policy in this paragraph, you may access the Privacy Policy by typing the following URL in your browser: http://www.topofthemountain.org/privacy_policy.html. Your assent to these Terms and Conditions of Use constitutes your assent to our Privacy Policy.

Links to and from topofthemountain.org

Unless otherwise notified by us, you are free to link to topofthemountain.org, provided it is clear that the linked Content belongs to topofthemountain.org and that such Content is not your own. In addition to links to topofthemountain.org, our website may contain links or references to other websites maintained by third parties over whom we have no control. Such links are provided merely as a convenience. Neither Top of the Mountain nor any party involved in creating, producing or maintaining topofthemountain.org makes any warranties or representations of any kind as to the accuracy, currency, timeliness or completeness of any information contained on third party websites or such website's information collection and disclosure practices. Inclusion of third party link to or from our website does not imply an endorsement or recommendation by Top of the Mountain.

Trademarks or Service Marks

The names and logos of Top of the Mountain and any company or product names appearing on topofthemountain.org, whether or not appearing in large print or with the trademark or service mark symbols, may be trademarks or service marks of Top of the Mountain or other third parties. The logo of the boy standing on the top of a mountain (blue background, boy in sillohuette) is a registered trademark. The use or misuse of these marks or any other materials may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.

Copyrights

The Content is subject to copyright protection. The Content may not be copied, displayed, distributed, or used other than for non-commercial or personal reference with all copyright or other proprietary notices retained. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any Content in any electronic medium or in hard copy, or create any derivative work based on such Content without the written consent of Top of the Mountain.

Void Where Prohibited

topofthemountain.org and its Content are intended to comply with the laws and regulations in the United States. Although information on our website is accessible to users outside of the United States, the information is intended for use only by residents of the United States. Other countries and jurisdictions may have laws that differ from those in the United States. topofthemountain.org may have links to other sites, some of which may be outside the United States. Those websites may have information that is appropriate only to that particular originating country. Also, any products discussed on this website may have different product labeling in other countries.

Governing Laws

This Terms and Conditions of Use Agreement and your use of topofthemountain.org shall be governed by the laws of the United States and the State of California without regard to conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Contra Costa County, California.

Updates

Our Terms and Conditions of Use may change from time to time. We will endeavor to notify you of material changes by e-mail if you have provided us your e-mail address. You also should periodically visit this page to review the then-current Terms and Conditions of Use, to which you are bound.

Miscellaneous

If any provision of this Terms and Conditions of Use Agreement is held to be unlawful, void, or unenforceable, then such provision shall be deemed severed without affecting the enforceability of all remaining provisions. Our failure to exercise any right or remedy available upon a breach of this Terms and Conditions of Use Agreement or the failure by us to demand the prompt performance of any obligation hereunder, shall not be deemed a waiver of (i) our rights or remedies, (ii) the requirement of punctual performance or (iii) any right or remedy in connection with a subsequent breach or default on your part. We reserve the right to alter or delete Content on topofthemountain.org at any time at our discretion.

Complete Agreement

These Terms and Conditions of Use and our Privacy Policy constitute the entire agreement between you and Top of the Mountain with respect to the use of topofthemountain.org.