TERMS AND CONDITIONS OF USE
ACCEPTANCE OF TERMS FOR USE OF SITE
Thank you for visiting www.OYFC.org. We appreciate your use of the One Year for Cancer Web Site (Site) and take this opportunity to outline our Terms and Conditions of Use. One Year for Cancer, Inc. (OYFC), a non-for-profit organization, offers the Site to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Site and/or Services constitutes your agreement to be bound by all such terms, conditions, and notices and that you are at least sixteen (16) years old or, if under sixteen (16) years old that you have the permission of a parent or guardian to use the Site and/or Services. If you do not agree with the Terms and Conditions of Use, you should not use the Site and/or Services provided by OYFC. OYFC reserves the right to change the terms, conditions, and notices under which the website is offered.
LINKS TO THIRD PARTY SITES
The OYFC Site contains links to other web sites (”Linked Sites”). You acknowledge and agree that the Linked Sites are provided for your convenience and are not an endorsement by OYFC. The Linked Sites are not under the control of OYFC and OYFC is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. OYFC provides these links to you only as a convenience, and the inclusion of any Linked Site does not imply endorsement by OYFC of the Linked Site or any association with its operators. Your use of any linked site is subject to the terms and conditions applicable to that Linked Site. OYFC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE AND YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK.
CONDUCT ON THE OYFC SITE
As a condition of your use of the OYFC website, you warrant to OYFC that you will not use the OYFC website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the OYFC website in any manner which could damage, disable, overburden, or impair the OYFC website or interfere with any other party’s use and enjoyment of the OYFC website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the OYFC website. By way of example, and not as a limitation, you agree that when using the Site or Services, you will not:
- Use the OYFC Site or Services for a purpose or in a manner that violates any local, state, or federal laws or regulations or the law or regulation of any foreign government.
- Upload, submit, post or otherwise transmit files or content that contain software or other material protected by intellectual property laws, privacy rights, or publicity rights of any person or entity unless you own or control the rights or have received all necessary consents.
- Upload, submit, post or otherwise transmit content that is unlawful, violates the legal rights of others, is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, indecent, invasive of another’s privacy, or is hateful, racially, ethnically, or otherwise offensive.
- Upload, submit, post or otherwise transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Upload, submit, post or otherwise transmit unsolicited or unauthorized advertising, promotional materials, including but not limited to, Spam or any other potentially objectionable form of unsolicited communication.
- Submit or post opportunities that do not provide equal access to individuals or groups, or use exclusionary language on the basis of race, origin, nationality, religion, language, gender, age, or physical or mental ability.
- Impersonate another person or entity, including without limitation, a representative of OYFC or its officers, directors, employees or agents, or falsely represent or misrepresent your affiliation with another person or entity.
- Submit, upload, post, email or otherwise transmit or try to collect without authorization any material that contains personal or private information concerning any third party person or entity, including but not limited to, phone number(s), addresses, e-mail addresses, account numbers, passwords or other similar personal information.
- Use any automated tools to attempt to collect information from the Site or to enter into its servers.
OYFC reserves the right to review materials posted to the Site and, in its sole discretion, to remove any materials. OYFC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in OYFC’s sole discretion.
Always use caution when giving out any personally identifying information about yourself.
MATERIALS PROVIDED TO OYFC OR POSTED ON THE OYFC SITE
OYFC does not claim ownership of the materials you provide to OYFC (including feedback and suggestions) or post, upload, input or submit to OYFC website. However, by posting, uploading, inputting, providing or submitting your Submission you are granting OYFC permission to use your Submission in connection with the operation of OYFC. No compensation will be paid with respect to the use of your Submission. OYFC is under no obligation to post or use any Submission you may provide and may, in OYFC’s sole discretion, remove any Submission at any time.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You agree to hold harmless and indemnify OYFC and its officers, directors, employees, and volunteers from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys’ fees, costs and expenses arising out of, directly or indirectly, your use of the Site.
THE OYFC SITE IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, OYFC DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IN ADDITION, OYFC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
OYFC DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OYFC IS NOT RESPONSIBLE FOR THOSE COSTS.
OYFC makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted on the Site, or on any other form of communication, will be at your own risk.
LIMITATION OF LIABILITY, EXCLUSIONS AND EQUITABLE RELIEF
USERS ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS POSTED OR ACCESSED AND FOR CONDUCT ON AND OFF THE SITE. USERS EXPRESSLY UNDERSTAND AND AGREE THAT OYFC SHALL NOT BE LAIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. IN NO EVENT SHALL OYFC (OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, VOLUNTEERS, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OYFC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DUE TO SOME STATES OR JURISDICTIONS NOT ALLOWING THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU.
IF ANY EXCLUSIONS OR LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OYFC’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00 IN THE AGGREGATE. IN NO EVENT SHALL OYFC (OR ANY OF ITS OFFICERS, DIRECTORS, VOLUNTEERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF U.S. $100.00
To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Union County, New Jersey, U.S.A. in all disputes arising out of or relating to the use of the One Year for Cancer, Inc. website. Use of the One Year for Cancer, Inc. website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and OYFC as a result of this agreement or use of the One Year for Cancer, Inc. website. OYFC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OYFC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the One Year for Cancer, Inc. website or information provided to or gathered by OYFC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and One Year for Cancer, Inc. with respect to the OYFC website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and One Year for Cancer, Inc. with respect to the OYFC website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement, and all related documents, be drawn up in English.