Connie Dwyer Breast Cancer Foundation Terms of Use
The Connie Dwyer Breast Cancer Foundation (the “Foundation”) provides its services, described below, to you subject to the following Terms of Use (“Terms”), which may be updated by the Foundation from time to time without notice to you. Your use of the Foundation website is governed by these Terms.
1. Acceptance of Agreement
By accessing the Foundation website (www.cdbcf.org hereinafter the “Site”) and using the services offered by the Foundation on this site, you agree to be subject to these Terms. If you do not agree to these Terms, please do not use the Site or Services.
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of your jurisdiction, the State of New Jersey, and/or the United States of America. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration or donation forms (such information being the “Donor Data”) and (b) upon request, maintain and promptly update the Donor Data to keep it true, accurate, current and complete. If making a donation, you agree that (a) you are authorized to use the payment instrument offered, (b) you authorize the Foundation to bill your payment instrument, (c) a minimum donation amount may apply, and (d) that all donations are final and will not be refunded unless the Foundation, in its sole discretion, agrees to issue a refund.
You further agree not to use the Services to engage in any activity that violates any law or governmental regulation. You agree to not interfere with or disrupt the Services, including any servers and networks maintained by the Foundation or the Site’s service providers.
If you violate any of the Terms set forth herein, or the Foundation has reasonable grounds to suspect that you have violated any of the Terms, the Foundation has the right to suspend or terminate your access to the Site and refuse any and all current or future use of the Services (or any portion thereof).
2. Description of Services
The Site provides users with content including information concerning or relating to the Foundation’s operations and activities, and provides a platform for use in making donations to the Foundation (“Services”).
3. Modifications to Services
The Foundation reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part or description thereof) with or without notice. You agree that the Foundation will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
4. Privacy
Donor Data and certain other information about you is subject to our Privacy Policy as set forth at [www.cdbcf.org]. You understand that through your use of the Services, you consent to the collection, use and disclosure of this information, as permitted by our Privacy Policy, including the transfer of this information to third parties for storage, processing, and use by the Foundation and its service providers as necessary to provide the Services to you.
5. Authorized use of Materials on Website
Information, material and content published or accessible through the Site, including source code, may be protected by copyright, trademark and other intellectual property and proprietary rights and laws. Certain names, words, titles, phrases, logos, icons, graphics, designs or other content on the Site are trade names or trademarks owned by the Foundation or third parties, and may not be used without permission. You may not modify, copy, frame distribute, transmit, display, perform, reproduce or use for any purposes any content, information or services obtained from the Site without proper authority from the Foundation.
6. Links to Third Parties
Links to third-party websites from the Site are meant for convenience only. The Foundation does not review or control these third-party websites and is not responsible for any third-party websites or the content of those sites. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. Linking to any other site is at your own sole risk and the Foundation will not be responsible or liable for any damages associated with linking.
7. Disclaimer
The Foundation and its directors, officers, employees, and agents provide all content and Services available through the Site “as is”, without warranties, representations and conditions of any kind, whether express or implied. The Foundation makes no representation, warranty or guarantee of the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Site, the Services, or of any content on the Site. The website, its content, and the Services are provided to you strictly on an “as is” basis. Except as specifically set forth in this agreement, all conditions, representations and warranties regarding the website, its content, and the Services, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of non-infringement of third party rights, are disclaimed by the Foundation to the maximum extent permitted by applicable law.
8. Limitation of Liability
Under no circumstances, including, but not limited to negligence, shall the Foundation, nor any of its directors, officers, employees, agents, successors, assigns, affiliates, or content or service providers be liable to you or any other Site user or any third party for any damages of any kind, including without limitation loss of profits or other economic loss, or for any direct, indirect, exemplary, incidental, punitive, special or consequential damages, even if advised of the possibility of such damages, arising out of the posting or non-posting of documents and information, the design, functionality or use of the website, the reliance on any statement or advice posted on the website, or inability to gain access to or use the website or any part thereof or to any documents and information, or out of any breach of any warranty, express or implied. The Foundation will not be liable for any content or services provided by any third parties, or for any loss or damage of any kind incurred as a result of the use of such content or services. If you are dissatisfied with the Services or disagree with these Terms, your sole and exclusive remedy is to discontinue use of the Services and cease accessing the Site.
9. Indemnification
You agree to indemnify and hold the Foundation, its affiliates, partners, attorneys, staff, and each of their respective directors, officers, employees, consultants, agents and suppliers harmless from any costs or damages or any kind, including reasonable legal fees, arising from a claim or demand pertaining to your use of the Services, breach of these Terms of Use, or your violation of any rights of another, except to the extent where you can show that such costs or damages were directly caused by the Foundation.
10. Severability of Clauses
If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Subheadings used in the Terms of Use are for convenience only, and are not to be used to construe or interpret the Terms.
11. Entire Agreement
The Terms, and any application Additional Terms or other terms herein incorporated by reference, including the Site’s Privacy Policy, constitute the entire agreement between you and the Foundation, and govern your use of the Site and the Services, superseding any prior agreement, whether oral or written.
12. Waiver
The failure of the Foundation to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
13. Non-Transferable
This Agreement is not transferable by you in any way and may not be assigned to any third party without our written consent. The Foundation may transfer this agreement to a third party without notice to you.
14. No Third Party Rights
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
15. Forum Choice
The Terms of Use and the relationship between you and the Foundation shall be governed and construed by the laws of the State of New Jersey and the applicable laws of the United States, without regard to their conflict of laws provisions. You hereby consent and submit to the personal and exclusive jurisdiction of the courts of the State of New Jersey in any action or dispute related to this Terms of Use.
