For 3 Sisters, Inc
Terms of Use
Effective August 14, 2014
A. About Us:
Welcome to for3sisters.com (“Website”). For 3 Sisters, Inc. (“F3S”, “us”, “we”, or “our”) is the owner and operator of the Website. We are committed to sharing our mission to raise awareness, and improve the quality of life of men and women affected by breast cancer. We achieve this mission through our programs, including but not limited to the Bundles of LOVE program, the Road to Resources program, the McKenzie’s Corner program, and the Power of ONE program; our Events (defined below); our Blog (defined below); and all other Services provided by us to you (together with our Website, our “Services”). By accessing or using our Services, including viewing or using any feature available through our Website, you (“User”, “Users”, “you”, or “your”), expressly agree to be bound to and to abide by these Terms of Use (“Terms”), our Privacy Policy, and any other policy we may develop from time to time (collectively, “Policies”), which creates legal and enforceable agreements whether or not you participate in our programs or Events (defined below), or whether or not you obtain, transmit, post, send, receive, link, email, or otherwise communicate (“Post”): text, notifications, data, descriptions, links, software, music, sound, photographs, images, video, messages, information, or any other material or input (“Content”) to us, on our Services, or to other Users. If you do not agree to be bound to or to abide by these Terms of Use and our other Policies, do not browse or use our Website or use our Services.
B. Our Terms of Use:
1. Grant of License. Your use and access to our Services, Website, and the Content hereon is granted under a personal, non-transferable, non-assignable, revocable, limited and temporary license (“License”) subject to these Terms and our Policies. Your License is ongoing and continues until you cease using our Website, as determined by us in our sole discretion, or until your License or ability to use our Website is terminated or restricted by us.
2. Content.
(a) By Us. (i) All Content on our Website, or obtained from a Linked Site (defined below) are provided to you “AS IS”. Any statements made by us and available through our Services are opinions only. We expressly disclaim all liability related to the accuracy or reliability of any opinion, advice, or Content on our Website or reliance on any of the aforementioned. The information regarding our Services published on our Website may include inaccuracies or typographical errors. We do not warrant or represent that the content available through our Services is complete or up-to-date. (ii) Not medical advice. You understand and agree we are not medical professionals and the information available through our Services is not medical advice. We assist Users in locating resources that may be helpful to them. Always consult with a healthcare professional when making lifestyle, care, and/or treatment decisions for yourself or others.
(b) Linked Sites. Our Services link to other sites by allowing you to leave our Website to access third-party material or by bringing third-party material into this Website via “inverse” hyperlinks and framing technology (a “Linked Site”). We have no discretion to alter, update, or control the Content on a Linked Site. The fact that we have provided a link to a site is not necessarily an endorsement or affiliation with respect to such Linked Site, its owners, or its providers.
(c) Transmitted by You. You are solely responsible for and retain all rights in the Content that you communicate to us or transmit to other Users and/or Post on our Services. You understand and agree that we can delete any Content in our sole and exclusive judgment. You also agree that sending Content to us or transmitting Content on our Services you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty free, paid-up license to use, copy, and distribute such Content in any way and to prepare derivative or collaborative works of such Content of any kind, as well as authorize us to sublicense any of the aforementioned Content. You also represent and warrant that any Content provided by you to us will not infringe or violate the intellectual property rights or other rights of any third party. You further agree that we have the right to use and promote any Content you Post as well as to use and promote any Content on our Services by way of our social media accounts, such as Facebook, Twitter, and Instagram, as determined by us (“Social Media Accounts”) and that we may create groups, events, and other collections of Content using Social Media Accounts, as determined by us in our sole discretion.
(d) Posted by Users or Others. We do not endorse and are not responsible for (i) the Content provided by other Users, (ii) the accuracy or reliability of any opinion, advice, statement, or Content made through our Services or by communication with you, (iii) any Content provided on Linked Sites, or (iv) the capabilities or reliability of any product or service obtained from a Linked Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other Content available through our Website or Services.
(e) Intellectual Property.
(i) Trademarks. FOR3SISTERS and FOR3SISTERS.COM, and all other graphics, logos, page headers, button icons, scripts, service names and other Content that we use, manage or control are trademarks, registered trademarks or trade dress of ours or our subsidiaries, officers, employees, independent contractors, representatives, advertisers, licensors, licensees, successors, assigns, agents, partners, or other affiliates in the United States or other countries or both. No one may use these trademarks or trade dress in connection with any product or service that is not our product or service without our express written permission. All other trademarks that appear on our Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us or any of our affiliates.
(ii) Copyright. Except in the case of Content Posted by you and under license to us according to Section 2(c), we claim a copyright, and all copyright protection afforded, under international, United States and the State of Maryland laws to all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software (ours or our software suppliers), and all other Content on our Services. The compilation of all Content on our Services is our exclusive property, and it is similarly protected. We also claim a copyright, and all copyright protection afforded, under international, United States and the laws of the State of Maryland to all material described in the trademarks section above. Your access to all information and Content located on our Services is strictly permitted through the License granted to you under these Terms. Except for the License granted in these Terms, all rights, title and interest in Content, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of ours and other parties. Except as permitted by these Terms, you are prohibited from modifying, copying, distributing, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through our Services without our prior written permission, or in the case of Content owned by a third party, without first receiving permission from the owner of that Content. You may not alter or remove any trademark, copyright or other notice from copies of the Content.
(iii) Infringement Claims. We respect the intellectual property rights of others. If you believe that the Content and/or the materials on our Services violate the Digital Millennium Copyright Act of 1998 (the “DCMA”) or are infringing upon another’s copyright, trademark or other intellectual property, you may send a written notice to us at [email protected] containing the following information: (A) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (B) a description of the copyrighted work that you claim has been infringed; (C) a description of where the material that you claim is infringing is located on or available through our Services; (D) your address, telephone number, and email address; (E) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (F) and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
3. Supporting F3S. We are passionate and motivated people who celebrate, support, and fight for every person who has won the battle, lost the fight, is still fighting, or still has to face the war that is breast cancer.
(a) Donations. We do not charge a fee for our Services. To continue our Services, we depend on monetary contributions and non-monetary contributions such as Bundle Items (defined below) to us or third parties from Users and third parties (“Donation(s)”). We are a non-profit business and have received federal tax-exempt status under section 501(c)(3) of the Internal Revenue Code. As such, we strive to pass along as much support as possible to Users and others. However, we make no representation or warranty as to whether all or any portion of any Donations made by you to us are tax deductable. We make no representation or warranty, nor shall we bear any responsibility or liability concerning the federal, state, or local tax consequences arising from or relating to your use of the Services or a Donation. Further, you understand and agree that you are responsible for proper payment of all taxes in connection with your Donations, if any. To determine tax deductibility of any Donation, please contact a tax professional. Furthermore, only the authorized credit card holder may donate to us. A third party may not use a User’s card information or enter Donations on behalf of a User (this practice is known as ‘credit card laundering’ and violates Visa and MasterCard usage agreements). You expressly agree that we shall have no liability regarding the consequences, tax or otherwise, of your Donations.
(b) Information Provided. We provide a PayPal portal on our Website to make the payment of Donations easy for you. You represent and warrant that that all personal, billing, and payment information provided to us by you is accurate, truthful, and up-to-date. We also may request additional information to verify the information you provide to us and reserve the right to verify your information with third parties. If you fail to provide required information, or we have reasonable grounds to suspect that any such information is not true, current and complete, we may limit, suspend or terminate your ability to use of all or any portion of our Services.
(c) Volunteering. From time to time, we seek persons to volunteer to assist us in achieving our mission. If we select you to participate as a volunteer, we will enter into a separate ‘Volunteer Agreement’ which will govern that arrangement. If you are interested in volunteering with us, please contact us at: [email protected].
4. F3S Events. From time to time we may schedule events and appearances that Users and others may participate in and/or work in conjunction with a User that is conducting a fundraising event (the “Events”) as well as Post information relating to those Events on our Website. We appreciate your participation. Your participation in any Event listing is at your sole and exclusive risk. The host of any event may refuse admittance, or ask you to leave an Event at any time for any reason. By using our Services, you agree and understand that in connection with your participation in any Event, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, which may or may not be inherent in those Events. These inherent risks include, but are not limited to, the dangers of serious personal injury, property damage, and death (injuries and damages) from exposure to the hazards of public or private Events. We tell you this not to scare you but to ensure that you have an understanding of these risks. By using our Services, you agree and understand that injuries and damages can occur by natural causes or by the acts of other persons or third parties, either as a result of negligence or because of other reasons. You are personally responsible for all costs and/or risks associated with any Event. Notwithstanding anything to the contrary herein, to the fullest extent allowed by law, you agree to waive, discharge claims, release F3S from all liability and indemnify and hold harmless F3S, its subsidiaries, affiliates, officers, agents, and other partners and employees, from any and all liability on account of, or in any way resulting from injuries and damages in any way connected with any Events. You agree and understand and intend that this assumption of risk and release be binding upon you and your heirs, executors, agents, administrators and assigns, and includes any minors accompanying person at the Events.
5. Bundles of LOVE Program.
(a) The Program. As a part of our Services we have developed the Bundles of LOVE Program described in this Section. The Bundles of LOVE Program provides Users with the ability to Donate certain items which are approved by us (“Bundle Items”) to us. We then will take the Bundle Items, compile them (each, a “Bundle”), and send the Bundle to a User or other person, that nominated by us or you, and who is affected by breast cancer, as selected by us in our sole discretion (a “Recipient”). You can nominate a person to be a Recipient by contacting us and completing a Bundle Request Form, which can be found on our Website.
(b) The Campaign. Once we have selected a person to be a Recipient, we will launch a campaign to promote the Donation of Bundle Items for the Recipient’s Bundle (a “Campaign”). We will then promote the Campaign in the method and manner as determined by us, including but not limited to by using our Social Media Accounts to create an event titled with the first name of the Recipient and making mention of Content relating to the Recipient received by us. However, we will never disclose Personal Data (as defined in our Privacy Policy) in connection with a Campaign. Campaigns typically last between 60 to 90 days and involve sending one or more Bundles to each Recipient.
(c) Bundle Items. During the Campaign, encourage Users to donate any Bundle Items they can. Typical Bundle Items include things such as: letters, greeting cards, clothing, candles, lotions, jewelry charms, trinkets, bath products, and store-bought non-perishable food items. Only Bundle Items will be incorporated into Bundles, and we reserve the express right in our sole discretion to determine what items Donated to us are not acceptable Bundle Items (“Ineligible Items”). For health and safety reasons, Ineligible Items include things such as but not limited to medicines of any kind, perishable foods, foods that are home-cooked, and any other items we determine are Ineligible Items in our discretion.
(d) Waiver of Claims. To the maximum extent permitted by applicable law, Users and any Recipient hereby release and waive all claims, actions, demands, suits, or proceedings (“Claims”) against us and our officers, employees, independent contractors, representatives, and agents, including any and all liability for damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to a User’s Donation of Bundle Items and a Recipient receiving a Bundle or Bundles(s) from us. If applicable, you waive your 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.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
6. Termination Restriction and Suspension of License.
(a) Termination. We retain the right to terminate, restrict, or suspend your License or these Terms at any time in our absolute and sole discretion, without prior notice, for any reason or no reason. Should we elect to take any of the aforementioned actions, your License shall automatically be revoked. Failure to comply with these Terms or any of our Policies constitutes a breach of these Terms which may result us restricting, suspending, or terminating your License to use our Website. Failure to address any said breach caused by you or another party does not waive our right to act on similar breaches.
(b) After Termination. Upon termination of your License for any reason, you agree not to browse, use, or otherwise access our Website and/or engage our Services. You agree that we may take any measures we deem necessary to prevent you from using our Services, including by blocking your IP address. You agree that after termination of your License, we are not obliged to retain or provide to you any Content or personally identifying information which was collected by us, but we may elect to do so in our sole discretion.
7. Use Restrictions. We may host a blog to enable Users to share Content relating to breast cancer awareness (the “Blog”). In using the Blog and/or our Services, you agree at all times to comply with applicable law and that you shall not: (a) copy, distribute or modify any part of our Website without our prior written authorization; (b) transmit any Content which contains software viruses, or other harmful computer code, files or programs; (c) make threats or use profanity; (d) harass, stalk or intimidate other Users; (e) manipulate or exclude identifiers in order to disguise the origin of any Content; (f) impersonate any other person or otherwise misrepresent facts about you or other Users; (g) Post personally identifying information or individually identifiable health information or medical records about yourself or other others on our Website (if you Post this information about you or others, it will be public information and we are not responsible for how others may use it), or communicate individually identifiable health information or medical records about yourself or other others; (h) disrupt the servers or networks connected to our Website; (i) circumvent, disable or otherwise interfere with security-related features of our Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of our Website; (j) collect Content or information from our Website, or otherwise access our Website, by using any automated means, including without limitation, “robots,” “spiders,” “scrapers” and “offline readers,” without our prior written approval which we may revoke at any time; (k) collect or harvest any personally identifiable information from our Services; (l) use any communications systems provided by our Services to send unsolicited or unauthorized commercial communications, including without limitation by email, SMS, MMS, or any other means; (m) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on our Website; (n) use our Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms, as determined by us.
8. Dispute Resolution. In the event that any dispute arises with respect to these Terms or any of our Policies, which are incorporated by reference herein, upon our election in our sole discretion, such dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, in Montgomery County, Maryland, and at our option, such arbitration shall be before a single arbitrator selected in our sole and absolute discretion. In the event we elect not to require that a dispute arising hereunder be submitted to binding arbitration, any such dispute shall nevertheless be litigated in the State courts located in Montgomery County, Maryland or in the Federal U.S. District Court for the District of Maryland, as the case may be. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation arises out of, under, or relating to these Terms or any of our Policies, or your use of our Services. By using our Services, you irrevocably agree and consent to be bound to personal jurisdiction of and venue selection in the state courts located in Montgomery County, Maryland or in the Federal U.S. District Court for the District of Maryland, whether either arbitration or litigation arises between us and you. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO OUR SERVICES OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
9. DISCLAIMER. THIS WEBSITE AND THE MATERIALS, PRODUCTS, AND/OR SERVICES IN THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, F3S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, QUIET ENJOYMENT, SECURITY, AND ACCURACY. F3S DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. F3S DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION, PRODUCTS, CONTENT, OR MATERIALS ON THIS WEBSITE OR AVAILABLE THROUGH OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
10. Limitation of Liability. F3S shall not be liable for any lost profits or any incidental, direct, indirect, special, collateral, consequential, exemplary, or punitive damages, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use our Services; a breach of warranty; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, or illegal use of our Website or Services; any infringement of a third party’s rights (including but not limited to copyright infringement) by us relating to our use of Content transmitted to us by you; Content Posted or transmitted to using our Services or by email by you or other Users; your reliance on any statement made by us or Users though our Website or Services; any accidental or improper disclosure of Personal Data (as defined in our Privacy Policy) by us; any damage or harm to any person relating or resulting from a Bundle sent by us and/or Bundle Item Donated to us by you; and any violation by you of these Terms or our Policies. You expressly agree that in no event shall F3S be liable to you or any other person for any amounts, judgments, or damages which exceed one hundred twenty-five dollars and no cents ($125.00). You agree that without these limitations on our liability we would not be able provide Services to you and that these limitations shall apply even if it would cause your remedies under these terms to fail of their essential purpose.
11. Indemnification. You agree to indemnify, defend, and hold harmless F3S, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers (if any) from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use our Services; a breach of warranty; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, or illegal use of our Services; any infringement of a third party’s rights (including but not limited to copyright infringement) by us relating to our use of Content Posted to our Services by you; any Content Posted by you or other Users; your reliance on any statement made by us or Users though our Services; any accidental or improper disclosure of Personal Data by us; any damage or harm to any person relating or resulting from a Bundle sent by us and/or Bundle Item Donated to us by you; and any violation by you of these Terms or any of our other Policies.
12. Choice of Law. These Terms, our Privacy Policy, and any other Polices are governed by the laws of the State of Maryland and of the United States of America, and without regard to conflicts of law principles. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
13. Severability. The representations and warranties and/or covenants set forth herein are each to be construed as a separate agreement, independent of any other provisions of these Terms. Further, the invalidity or unenforceability of any provision, word, phrase, clause, sentence, paragraph or section of these Terms shall in no way affect the validity or enforceability of any other provision, word, phrase, clause, sentence, paragraph or section of these Terms, and any such invalid or unenforceable provision that is overbroad shall be deemed narrowed to the broadest term permitted by applicable law and shall be enforced as narrowed. If one or more of the provisions in these Terms deemed invalid or unenforceable, then the remaining provisions will continue in full force and effect. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
14. Compliance. You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of our Website and Services.
15. Survival. Notwithstanding anything herein to the contrary, the provisions of Sections 1, 3, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of these Terms, as well as provision of these Terms which in accordance with its terms is intended to survive the termination of these Terms or your License shall survive any such termination.
16. Assignment. These Terms, and any rights and licenses granted hereunder, including but not limited to the License, may not be transferred or assigned by you, but may be assigned by us as determined by us.
17. Entire Agreement; Modification. These Terms together with our Polices any other document referenced herein, constitute the entire understanding between us and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter these Terms and/or our Polices at any time in our sole discretion. We will notify you about changes to these Terms by placing the updated Terms on our Website. You agree that your use of our Services after such notification will constitute acceptance by you of such changes to our Terms.
18. Feedback. Please send your comments, concerns, or questions to: [email protected]. While we encourage you to provide feedback, comments and questions, it is possible that we may not be able to respond to all feedback we receive.
Terms of Use
Effective August 14, 2014
A. About Us:
Welcome to for3sisters.com (“Website”). For 3 Sisters, Inc. (“F3S”, “us”, “we”, or “our”) is the owner and operator of the Website. We are committed to sharing our mission to raise awareness, and improve the quality of life of men and women affected by breast cancer. We achieve this mission through our programs, including but not limited to the Bundles of LOVE program, the Road to Resources program, the McKenzie’s Corner program, and the Power of ONE program; our Events (defined below); our Blog (defined below); and all other Services provided by us to you (together with our Website, our “Services”). By accessing or using our Services, including viewing or using any feature available through our Website, you (“User”, “Users”, “you”, or “your”), expressly agree to be bound to and to abide by these Terms of Use (“Terms”), our Privacy Policy, and any other policy we may develop from time to time (collectively, “Policies”), which creates legal and enforceable agreements whether or not you participate in our programs or Events (defined below), or whether or not you obtain, transmit, post, send, receive, link, email, or otherwise communicate (“Post”): text, notifications, data, descriptions, links, software, music, sound, photographs, images, video, messages, information, or any other material or input (“Content”) to us, on our Services, or to other Users. If you do not agree to be bound to or to abide by these Terms of Use and our other Policies, do not browse or use our Website or use our Services.
B. Our Terms of Use:
1. Grant of License. Your use and access to our Services, Website, and the Content hereon is granted under a personal, non-transferable, non-assignable, revocable, limited and temporary license (“License”) subject to these Terms and our Policies. Your License is ongoing and continues until you cease using our Website, as determined by us in our sole discretion, or until your License or ability to use our Website is terminated or restricted by us.
2. Content.
(a) By Us. (i) All Content on our Website, or obtained from a Linked Site (defined below) are provided to you “AS IS”. Any statements made by us and available through our Services are opinions only. We expressly disclaim all liability related to the accuracy or reliability of any opinion, advice, or Content on our Website or reliance on any of the aforementioned. The information regarding our Services published on our Website may include inaccuracies or typographical errors. We do not warrant or represent that the content available through our Services is complete or up-to-date. (ii) Not medical advice. You understand and agree we are not medical professionals and the information available through our Services is not medical advice. We assist Users in locating resources that may be helpful to them. Always consult with a healthcare professional when making lifestyle, care, and/or treatment decisions for yourself or others.
(b) Linked Sites. Our Services link to other sites by allowing you to leave our Website to access third-party material or by bringing third-party material into this Website via “inverse” hyperlinks and framing technology (a “Linked Site”). We have no discretion to alter, update, or control the Content on a Linked Site. The fact that we have provided a link to a site is not necessarily an endorsement or affiliation with respect to such Linked Site, its owners, or its providers.
(c) Transmitted by You. You are solely responsible for and retain all rights in the Content that you communicate to us or transmit to other Users and/or Post on our Services. You understand and agree that we can delete any Content in our sole and exclusive judgment. You also agree that sending Content to us or transmitting Content on our Services you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty free, paid-up license to use, copy, and distribute such Content in any way and to prepare derivative or collaborative works of such Content of any kind, as well as authorize us to sublicense any of the aforementioned Content. You also represent and warrant that any Content provided by you to us will not infringe or violate the intellectual property rights or other rights of any third party. You further agree that we have the right to use and promote any Content you Post as well as to use and promote any Content on our Services by way of our social media accounts, such as Facebook, Twitter, and Instagram, as determined by us (“Social Media Accounts”) and that we may create groups, events, and other collections of Content using Social Media Accounts, as determined by us in our sole discretion.
(d) Posted by Users or Others. We do not endorse and are not responsible for (i) the Content provided by other Users, (ii) the accuracy or reliability of any opinion, advice, statement, or Content made through our Services or by communication with you, (iii) any Content provided on Linked Sites, or (iv) the capabilities or reliability of any product or service obtained from a Linked Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other Content available through our Website or Services.
(e) Intellectual Property.
(i) Trademarks. FOR3SISTERS and FOR3SISTERS.COM, and all other graphics, logos, page headers, button icons, scripts, service names and other Content that we use, manage or control are trademarks, registered trademarks or trade dress of ours or our subsidiaries, officers, employees, independent contractors, representatives, advertisers, licensors, licensees, successors, assigns, agents, partners, or other affiliates in the United States or other countries or both. No one may use these trademarks or trade dress in connection with any product or service that is not our product or service without our express written permission. All other trademarks that appear on our Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us or any of our affiliates.
(ii) Copyright. Except in the case of Content Posted by you and under license to us according to Section 2(c), we claim a copyright, and all copyright protection afforded, under international, United States and the State of Maryland laws to all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software (ours or our software suppliers), and all other Content on our Services. The compilation of all Content on our Services is our exclusive property, and it is similarly protected. We also claim a copyright, and all copyright protection afforded, under international, United States and the laws of the State of Maryland to all material described in the trademarks section above. Your access to all information and Content located on our Services is strictly permitted through the License granted to you under these Terms. Except for the License granted in these Terms, all rights, title and interest in Content, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of ours and other parties. Except as permitted by these Terms, you are prohibited from modifying, copying, distributing, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through our Services without our prior written permission, or in the case of Content owned by a third party, without first receiving permission from the owner of that Content. You may not alter or remove any trademark, copyright or other notice from copies of the Content.
(iii) Infringement Claims. We respect the intellectual property rights of others. If you believe that the Content and/or the materials on our Services violate the Digital Millennium Copyright Act of 1998 (the “DCMA”) or are infringing upon another’s copyright, trademark or other intellectual property, you may send a written notice to us at [email protected] containing the following information: (A) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (B) a description of the copyrighted work that you claim has been infringed; (C) a description of where the material that you claim is infringing is located on or available through our Services; (D) your address, telephone number, and email address; (E) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (F) and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
3. Supporting F3S. We are passionate and motivated people who celebrate, support, and fight for every person who has won the battle, lost the fight, is still fighting, or still has to face the war that is breast cancer.
(a) Donations. We do not charge a fee for our Services. To continue our Services, we depend on monetary contributions and non-monetary contributions such as Bundle Items (defined below) to us or third parties from Users and third parties (“Donation(s)”). We are a non-profit business and have received federal tax-exempt status under section 501(c)(3) of the Internal Revenue Code. As such, we strive to pass along as much support as possible to Users and others. However, we make no representation or warranty as to whether all or any portion of any Donations made by you to us are tax deductable. We make no representation or warranty, nor shall we bear any responsibility or liability concerning the federal, state, or local tax consequences arising from or relating to your use of the Services or a Donation. Further, you understand and agree that you are responsible for proper payment of all taxes in connection with your Donations, if any. To determine tax deductibility of any Donation, please contact a tax professional. Furthermore, only the authorized credit card holder may donate to us. A third party may not use a User’s card information or enter Donations on behalf of a User (this practice is known as ‘credit card laundering’ and violates Visa and MasterCard usage agreements). You expressly agree that we shall have no liability regarding the consequences, tax or otherwise, of your Donations.
(b) Information Provided. We provide a PayPal portal on our Website to make the payment of Donations easy for you. You represent and warrant that that all personal, billing, and payment information provided to us by you is accurate, truthful, and up-to-date. We also may request additional information to verify the information you provide to us and reserve the right to verify your information with third parties. If you fail to provide required information, or we have reasonable grounds to suspect that any such information is not true, current and complete, we may limit, suspend or terminate your ability to use of all or any portion of our Services.
(c) Volunteering. From time to time, we seek persons to volunteer to assist us in achieving our mission. If we select you to participate as a volunteer, we will enter into a separate ‘Volunteer Agreement’ which will govern that arrangement. If you are interested in volunteering with us, please contact us at: [email protected].
4. F3S Events. From time to time we may schedule events and appearances that Users and others may participate in and/or work in conjunction with a User that is conducting a fundraising event (the “Events”) as well as Post information relating to those Events on our Website. We appreciate your participation. Your participation in any Event listing is at your sole and exclusive risk. The host of any event may refuse admittance, or ask you to leave an Event at any time for any reason. By using our Services, you agree and understand that in connection with your participation in any Event, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, which may or may not be inherent in those Events. These inherent risks include, but are not limited to, the dangers of serious personal injury, property damage, and death (injuries and damages) from exposure to the hazards of public or private Events. We tell you this not to scare you but to ensure that you have an understanding of these risks. By using our Services, you agree and understand that injuries and damages can occur by natural causes or by the acts of other persons or third parties, either as a result of negligence or because of other reasons. You are personally responsible for all costs and/or risks associated with any Event. Notwithstanding anything to the contrary herein, to the fullest extent allowed by law, you agree to waive, discharge claims, release F3S from all liability and indemnify and hold harmless F3S, its subsidiaries, affiliates, officers, agents, and other partners and employees, from any and all liability on account of, or in any way resulting from injuries and damages in any way connected with any Events. You agree and understand and intend that this assumption of risk and release be binding upon you and your heirs, executors, agents, administrators and assigns, and includes any minors accompanying person at the Events.
5. Bundles of LOVE Program.
(a) The Program. As a part of our Services we have developed the Bundles of LOVE Program described in this Section. The Bundles of LOVE Program provides Users with the ability to Donate certain items which are approved by us (“Bundle Items”) to us. We then will take the Bundle Items, compile them (each, a “Bundle”), and send the Bundle to a User or other person, that nominated by us or you, and who is affected by breast cancer, as selected by us in our sole discretion (a “Recipient”). You can nominate a person to be a Recipient by contacting us and completing a Bundle Request Form, which can be found on our Website.
(b) The Campaign. Once we have selected a person to be a Recipient, we will launch a campaign to promote the Donation of Bundle Items for the Recipient’s Bundle (a “Campaign”). We will then promote the Campaign in the method and manner as determined by us, including but not limited to by using our Social Media Accounts to create an event titled with the first name of the Recipient and making mention of Content relating to the Recipient received by us. However, we will never disclose Personal Data (as defined in our Privacy Policy) in connection with a Campaign. Campaigns typically last between 60 to 90 days and involve sending one or more Bundles to each Recipient.
(c) Bundle Items. During the Campaign, encourage Users to donate any Bundle Items they can. Typical Bundle Items include things such as: letters, greeting cards, clothing, candles, lotions, jewelry charms, trinkets, bath products, and store-bought non-perishable food items. Only Bundle Items will be incorporated into Bundles, and we reserve the express right in our sole discretion to determine what items Donated to us are not acceptable Bundle Items (“Ineligible Items”). For health and safety reasons, Ineligible Items include things such as but not limited to medicines of any kind, perishable foods, foods that are home-cooked, and any other items we determine are Ineligible Items in our discretion.
(d) Waiver of Claims. To the maximum extent permitted by applicable law, Users and any Recipient hereby release and waive all claims, actions, demands, suits, or proceedings (“Claims”) against us and our officers, employees, independent contractors, representatives, and agents, including any and all liability for damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to a User’s Donation of Bundle Items and a Recipient receiving a Bundle or Bundles(s) from us. If applicable, you waive your 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.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
6. Termination Restriction and Suspension of License.
(a) Termination. We retain the right to terminate, restrict, or suspend your License or these Terms at any time in our absolute and sole discretion, without prior notice, for any reason or no reason. Should we elect to take any of the aforementioned actions, your License shall automatically be revoked. Failure to comply with these Terms or any of our Policies constitutes a breach of these Terms which may result us restricting, suspending, or terminating your License to use our Website. Failure to address any said breach caused by you or another party does not waive our right to act on similar breaches.
(b) After Termination. Upon termination of your License for any reason, you agree not to browse, use, or otherwise access our Website and/or engage our Services. You agree that we may take any measures we deem necessary to prevent you from using our Services, including by blocking your IP address. You agree that after termination of your License, we are not obliged to retain or provide to you any Content or personally identifying information which was collected by us, but we may elect to do so in our sole discretion.
7. Use Restrictions. We may host a blog to enable Users to share Content relating to breast cancer awareness (the “Blog”). In using the Blog and/or our Services, you agree at all times to comply with applicable law and that you shall not: (a) copy, distribute or modify any part of our Website without our prior written authorization; (b) transmit any Content which contains software viruses, or other harmful computer code, files or programs; (c) make threats or use profanity; (d) harass, stalk or intimidate other Users; (e) manipulate or exclude identifiers in order to disguise the origin of any Content; (f) impersonate any other person or otherwise misrepresent facts about you or other Users; (g) Post personally identifying information or individually identifiable health information or medical records about yourself or other others on our Website (if you Post this information about you or others, it will be public information and we are not responsible for how others may use it), or communicate individually identifiable health information or medical records about yourself or other others; (h) disrupt the servers or networks connected to our Website; (i) circumvent, disable or otherwise interfere with security-related features of our Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of our Website; (j) collect Content or information from our Website, or otherwise access our Website, by using any automated means, including without limitation, “robots,” “spiders,” “scrapers” and “offline readers,” without our prior written approval which we may revoke at any time; (k) collect or harvest any personally identifiable information from our Services; (l) use any communications systems provided by our Services to send unsolicited or unauthorized commercial communications, including without limitation by email, SMS, MMS, or any other means; (m) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on our Website; (n) use our Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms, as determined by us.
8. Dispute Resolution. In the event that any dispute arises with respect to these Terms or any of our Policies, which are incorporated by reference herein, upon our election in our sole discretion, such dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, in Montgomery County, Maryland, and at our option, such arbitration shall be before a single arbitrator selected in our sole and absolute discretion. In the event we elect not to require that a dispute arising hereunder be submitted to binding arbitration, any such dispute shall nevertheless be litigated in the State courts located in Montgomery County, Maryland or in the Federal U.S. District Court for the District of Maryland, as the case may be. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation arises out of, under, or relating to these Terms or any of our Policies, or your use of our Services. By using our Services, you irrevocably agree and consent to be bound to personal jurisdiction of and venue selection in the state courts located in Montgomery County, Maryland or in the Federal U.S. District Court for the District of Maryland, whether either arbitration or litigation arises between us and you. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO OUR SERVICES OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
9. DISCLAIMER. THIS WEBSITE AND THE MATERIALS, PRODUCTS, AND/OR SERVICES IN THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, F3S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, QUIET ENJOYMENT, SECURITY, AND ACCURACY. F3S DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. F3S DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION, PRODUCTS, CONTENT, OR MATERIALS ON THIS WEBSITE OR AVAILABLE THROUGH OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
10. Limitation of Liability. F3S shall not be liable for any lost profits or any incidental, direct, indirect, special, collateral, consequential, exemplary, or punitive damages, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use our Services; a breach of warranty; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, or illegal use of our Website or Services; any infringement of a third party’s rights (including but not limited to copyright infringement) by us relating to our use of Content transmitted to us by you; Content Posted or transmitted to using our Services or by email by you or other Users; your reliance on any statement made by us or Users though our Website or Services; any accidental or improper disclosure of Personal Data (as defined in our Privacy Policy) by us; any damage or harm to any person relating or resulting from a Bundle sent by us and/or Bundle Item Donated to us by you; and any violation by you of these Terms or our Policies. You expressly agree that in no event shall F3S be liable to you or any other person for any amounts, judgments, or damages which exceed one hundred twenty-five dollars and no cents ($125.00). You agree that without these limitations on our liability we would not be able provide Services to you and that these limitations shall apply even if it would cause your remedies under these terms to fail of their essential purpose.
11. Indemnification. You agree to indemnify, defend, and hold harmless F3S, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers (if any) from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use our Services; a breach of warranty; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, or illegal use of our Services; any infringement of a third party’s rights (including but not limited to copyright infringement) by us relating to our use of Content Posted to our Services by you; any Content Posted by you or other Users; your reliance on any statement made by us or Users though our Services; any accidental or improper disclosure of Personal Data by us; any damage or harm to any person relating or resulting from a Bundle sent by us and/or Bundle Item Donated to us by you; and any violation by you of these Terms or any of our other Policies.
12. Choice of Law. These Terms, our Privacy Policy, and any other Polices are governed by the laws of the State of Maryland and of the United States of America, and without regard to conflicts of law principles. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
13. Severability. The representations and warranties and/or covenants set forth herein are each to be construed as a separate agreement, independent of any other provisions of these Terms. Further, the invalidity or unenforceability of any provision, word, phrase, clause, sentence, paragraph or section of these Terms shall in no way affect the validity or enforceability of any other provision, word, phrase, clause, sentence, paragraph or section of these Terms, and any such invalid or unenforceable provision that is overbroad shall be deemed narrowed to the broadest term permitted by applicable law and shall be enforced as narrowed. If one or more of the provisions in these Terms deemed invalid or unenforceable, then the remaining provisions will continue in full force and effect. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
14. Compliance. You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of our Website and Services.
15. Survival. Notwithstanding anything herein to the contrary, the provisions of Sections 1, 3, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of these Terms, as well as provision of these Terms which in accordance with its terms is intended to survive the termination of these Terms or your License shall survive any such termination.
16. Assignment. These Terms, and any rights and licenses granted hereunder, including but not limited to the License, may not be transferred or assigned by you, but may be assigned by us as determined by us.
17. Entire Agreement; Modification. These Terms together with our Polices any other document referenced herein, constitute the entire understanding between us and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter these Terms and/or our Polices at any time in our sole discretion. We will notify you about changes to these Terms by placing the updated Terms on our Website. You agree that your use of our Services after such notification will constitute acceptance by you of such changes to our Terms.
18. Feedback. Please send your comments, concerns, or questions to: [email protected]. While we encourage you to provide feedback, comments and questions, it is possible that we may not be able to respond to all feedback we receive.
