Terms of Use
PLEASE READ THESE TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY THE NOREEN FRASER CANCER FOUNDATION (THE “COMPANY”). THE WWW.NOREENFRASERFOUNDATION.ORG, WWW.NOREENFRASER.ORG, WWW.MENFORWOMENNOW.COM WEBSITES AND DOMAIN NAME, AND ANY OTHER WEBSITES, URLS’ FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE COMPANY IN CONNECTION THEREWITH (COLLECTIVELY “WEBSITE”) ARE OWNED AND OPERATED BY THE COMPANY. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE. BY VISITING THE WEBSITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND THE COMPANY’S PRIVACY POLICY POSTED ON THE WEBSITE, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE.
You may at any time request a copy of this Agreement by emailing us at: [email protected] subject: Terms of Use
1. MODIFICATIONS TO THIS AGREEMENT
COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE WEBSITE. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. SUCH MODIFICATIONS ARE EFFECTIVE UPON FIRST POSTING OR NOTIFICATION, AND USE OF THE WEBSITE BY YOU FOLLOWING SUCH POSTING OR NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED. YOU AGREE TO REVIEW THIS AGREEMENT REGULARLY TO ENSURE THAT YOU ARE UPDATED AS TO ANY CHANGES. THIS AGREEMENT, TOGETHER WITH THE COMPANY PRIVACY POLICY AND ANY OTHER LEGAL NOTICES PUBLISHED BY COMPANY ON THE WEBSITE, SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND COMPANY CONCERNING THE WEBSITE.
2. INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company reserves all rights not expressly granted in and to the Website and the Content. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content or Marks (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any right of any third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
3. TERM
This Agreement shall remain in full force and effect while you use the Website.
4. THIRD PARTY WEBSITES
The Website may contain links to, or feeds from, third party websites that are not owned or controlled by Company. When you access third party websites, you do so at your own risk. Company encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website that you visit. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites or feeds. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party site or feed. By using the Website, you expressly relieve Company from any and all liability arising from your use of any third party website or access to any third-party feed.
5. WARRANTY DISCLAIMER
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREON. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE WEBSITE IS CONTROLLED AND OFFERED BY COMPANY FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. COMPANY MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
6. USER POSTINGS; INDEMNITY
6.1 You shall be solely responsible for your own postings on the Website blog or elsewhere on the Websitege (each a “User Posting”) and the consequences of posting or publishing them. You agree that Company has no liability with respect to any User Posting, including, without limitation, your own postings, and you hereby irrevocably release Company and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Postings or any part thereof. In connection with your User Postings, you affirm, represent, and warrant that the publishing of your User Postings on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
6.2 In connection with User Postings, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage Company or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; or (iv) impersonate another person. Company does not endorse any User Postings or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all responsibility or liability in connection with User Postings.
6.3 Company reserves the right to decide whether a User Positing is inappropriate or violates this Agreement. Company also reserves the right, in its sole discretion, to reject, refuse to post or remove any User Posting, or to restrict, suspend or terminate your access to all or any part of the Website at any time, for any reason, without prior notice. Notwithstanding the foregoing, Company assumes no responsibility for monitoring the Website, Content, or User Postings for inappropriate conduct, or modifying or removing such conduct, Content or User Submissions from the Website.
6.4 You agree to defend, indemnify and hold harmless Company, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website, or any User Posting that you post thereon; or (ii) your violation of any term of this Agreement.
7. ELIGIBILITY
By using the Website, you represent and warrant that (i) all information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older (if you are agreeing to these terms and conditions on behalf of a minor, you certify to Company that you are such minor’s legal guardian); and (iv) your use of the Website does not violate any applicable law or regulation.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SUBJECT TO THE FOREGOING, COMPANY’S LIABILITY TO YOU FOR ANY REASON WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES IN CONNECTION WITH THE WEBSITE.
9. MISCELLANEOUS
If there is any dispute about or involving the Website, you agree that the dispute shall be governed by the laws of the State of California, without regard to conflict of laws provisions. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the courts of the State of California, Los Angeles County, and you hereby agree to such jurisdiction and venue. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
