Introduction and Acceptance of Terms
As used in this Agreement, “you” or “User” means both (a) the individual accessing, using or registering as a user of the Site or the existing user of the Site now agreeing to this Agreement, as the case may be, and (b) if applicable, the company or other business or governmental entities specified by you upon registration or the use of the Site or the use or sharing of any the Site’s Content (“your entity”). You and your entity, if any, are jointly and severally liable for your obligations under this Agreement.
As used in this Agreement, “Content” means any graphics, photographs, illustrations, other visuals, audio, video, copy, text, software, titles, Flash or Shockwave files, or other visual representations generated optically, electronically, digitally, or by any other means, or any other material protected by copyright, trademark, patent, or other intellectual property right, which is licensed to, owned by, or used by the Foundation and is contained on the Site and/or any of the Site’s subdomains or related websites. Any reference in this Agreement to the Content will be to each individual item within the Content and also to the Content as a whole.
Scope of Applicability
- The Site may contain links to third party websites that are not owned or controlled by the Site or its affiliates. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. BY USING THE SITE YOU EXPRESLY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE FOUNDATION AND ITS MEMBERS, SHAREHOLDERS, MANAGERS, DIRECTORS, EMPLOYEES, LICENSORS, ATTORNEYS, OWNERS, OPERATORS, AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS, INSURERS, OR AGENTS FROM ANY CLAIMS, SUITS, LIABILITIES, LOSSES OR EXPENSES (INCLUDING ACTUAL ATTORNEYS’ FEES) WHICH ARISE FROM THIRD PARTY CLAIMS RELATING TO USE BY YOU OR ANY OTHER PERSON ACCESSING THE SITE THROUGH YOUR ACCOUNT.
- Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit.
Links To Other Sites; Link Agreement
- The Foundation may provide links to other Internet sites or resources. The Foundation likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links are provided solely for your interactive enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by the Foundation.
- The Foundation does not provide links from its website(s) to external sites except as specified by business or contractual relationships with partners/sponsors and select information providers.
- Permission to create a link to the Site is granted upon compliance with the conditions described in this Agreement. By creating a link to any of the Sites, you agree to be bound by the terms stated in this Agreement. The Foundation reserves the right to change these conditions at any time without prior notice, and compliance with such revised terms is a prerequisite to your continued right to link to the Sites.
- The Foundation expects persons or organizations that link to the Site to provide factually correct information and to uphold high ethical standards in developing and presenting information. Permission to link to the Site is limited to: (i) active volunteers or participants in any event sponsored or benefiting the Foundation or its affiliates; (ii) donors or sponsors with formal affiliations with the Foundation or its affiliates; (iii) recipients of the Foundation grants or sponsorships using language outlined in the funding contracts; (iv) organizations actively participating in breast cancer research or education or aid to breast cancer survivors or other activities in fulfillment of the Foundation’s purpose; or (vi) individuals or organizations that, through the approval of the Foundation, are members of advocacy or grassroots fundraising groups. If you do not fall into any of these categories, please contact the Foundation prior to linking.
- Links may only be established to the homepage of the Site. Links to any main section page or sub-section within, and/or any featured area of the Site, are prohibited.
- When linking to the Site, you must use hypertext only and it must be in the following form: “The Beatrice and Reymont Paul Foundation®.” Any variation without written consent from the Foundation will result in immediate termination of your rights to link to the Site. Please note that only official sponsors or partners affiliated with the Foundation who have a written license agreement with the Foundation may use the official registered logo (or any other the Foundation trademarks, service marks, logos or slogans) as a link.
- When linking to the Site, you may not create a frame around the information provided from the Site or represent it differently in any way other than it is presented on the Site.
- When linking to the Site, you may not state or imply that the Foundation is endorsing you and/or any of the products or services that you or your organization provides. Additionally, you may not represent that you or your organization has a relationship with the Foundation or any of the events, products or services that the Foundation provides unless that relationship is the subject of a written agreement that has been signed by the Foundation. You must clearly communicate to the public that you are one of the persons or organizations permitted to link (as identified above) by stating that you are a donor, or supporter, etc., as applicable.
- By linking to the Site, you acknowledge the following:
- Except for sponsor materials or unless otherwise indicated, the Foundation holds the copyright to all materials on the Site. Further, except for trademarks, service marks and logos of its sponsors, or unless otherwise indicated, the Foundation owns all of the trademarks, service marks and logos (“Marks”) used and displayed on the Sites. Without the express written consent of the Foundation, you may not copy, reproduce, display, republish, download, post or otherwise use any of the material or Marks from the Sites on your website or on another website. Any use of the Marks requires a separate agreement with the Foundation and is permitted only subject to, and in accordance with, the Foundation’s standard branding guidelines and quality control and trademark guidelines and license of use of the Marks.
- The Foundation assumes no liability or responsibility whatsoever for any content of any website that is linked to the Site.
- You agree to hold harmless the Foundation, its officers, directors, employees, volunteers, affiliates and licensors from all claims arising out of or related to your link to, or inability to link to, the Site. If your link to the Site results in the need for servicing or repair of equipment or data, you agree to assume any costs thereof.
- The Foundation reserves the right to terminate any links to the Site as it deems necessary, with or without cause or warning. If the Foundation chooses to exercise this right, you will be required to remove your link to the Site immediately.
Ownership of Site and Site Content
Unless otherwise indicated in the Agreement documents, all of the Content is owned by the Foundation, and/or its respective affiliates, licensors or third-party partners.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. THE FOUNDATION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THE FOUNDATION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME LIABILITY.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL THE FOUNDATION AND ITS MEMBERS, SHAREHOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, ATTORNEYS, OWNERS, OPERATORS, AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS, INSURERS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER IN AN AMOUNT GREATER THAN THE SUM OF TEN ($10.00) DOLLARS THAT RESULT FROM: (1) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR PARTICIPATION IN ANY SITE PROGRAMS, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE FOUNDATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE STATE OF MICHIGAN. IN NO EVENT SHALL THE FOUNDATION BE RESPONSIBLE FOR ANY VIOLATION OF THIS AGREEMENT OR ANY DAMAGES DIRECTLY OR INDIRECTLY SUFFERED BY YOU AS A RESULT OF YOUR ACTIONS. The Site is controlled and offered by the Foundation from its facilities in the United States of America. The Foundation makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law in Michigan and the United States of America.
You agree to defend, indemnify and hold harmless the Foundation, and its parents, subsidiaries, shareholders, members, directors, managers, officers, employees agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (i) your use of or access to the Site; (ii) your violation of any provision of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Site.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Foundation without restriction.
You shall not make any communication that is intended or reasonably understood to disparage, criticize, condemn, or impugn the personal, professional, or business reputation of the Site, the Foundation, and the Foundation’s shareholders, members, directors, managers, officers, employees, licensors, attorneys, operators, affiliates, predecessors, successors, assigns, insurers and/or agents, including without limitation any communication that could have the effect of or intention of which is to cause embarrassment, disparagement, damage or injury to the reputation, business, or standing in the community of any such parties and regardless of whether any such communication is or may be true or founded in facts.
Notwithstanding anything in this Agreement to the contrary, we may disclose personally identifiable information, business records, or other information to third parties in the event of any of the following: (1) To allow a third party contractor to help operate the Site or the Site’s or Foundation’s business; (2) If a court order, arbitration order, or other governmental order is sought to disclose the personally identifiable information or a subpoena is served that purports to require the disclosure of the personally identifiable information; (3) The information needs to be disclosed in order to provide requested services; or (4) we find that your actions violate the Site’s policies or usage guidelines. In addition, we may disclose anonymous information, including, without limitation, your location and your use of the services provided to you by the Site to illustrate patterns and trends of site access and usage.
Relationship of the Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative relationship, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representation on our or our affiliates’ behalf. You agree not to make any statement, whether on your website, its subdomains or otherwise, that contradicts or may contradict anything in this section.
–Beatrice and Reymont Paul Foundation http://www.paulfoundation.org
As used in this Agreement, “Content” means any graphics, photographs, illustrations, other visuals, audio, video, copy, text, software, titles, Flash or Shockwave files, or other visual representations generated optically, electronically, digitally, or by any other means, or any other material protected by copyright, trademark, patent, or other intellectual property right, which is licensed to, owned by or used by the Foundation and is contained on the Site and/or any of the Site’s subdomains or related websites. Any reference in this Agreement to the Content will be to each individual item within the Content and also to the Content as a whole.
What Information Do We Collect?
When you visit our Site you may provide us with two types of information: (i) personal information (such as your name, phone number, email address, mailing address, and general inquiries for accessing and/or using the Site) (collectively, “Registration Information”) collected on an individual basis; and (ii) Site use information collected on an anonymous and aggregate basis as you and others browse our Site. Whenever the Foundation collects personally identifiable about you on the Site, it reserves the right to use that information for marketing the Foundation and its various activities. The Foundation may use the personally identifiable data collected to undertake a variety of marketing activities including, but not limited to, email, direct mail, site personalization, telephone marketing and other digital and traditional methods of advertising and communication. The Foundation does not sell or “monetize” data to third parties. The Foundation, however, does and will send marketing messages on behalf of its sponsors and partners. It will do so without giving any of your personally identifiable information to those sponsors and partners for their own use.
Personal Information You Choose to Provide.
- Registration Information. You will provide us with certain information about yourself, your firm or company, and your practices when you register to be a member of the Site, register for certain services, or register for email newsletters and alerts.
- Email Information. If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses.
- Site Use Information. Similar to other commercial websites, the Site utilizes a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and server logs to collect information about how our Web site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our Site, and the websites visited just before and just after the Site. We, our advertisers, and ad serving companies may also use small technology or pieces of code to determine which advertisements and promotions users have seen and how users responded to them.
- How Do We Use the Information That You Provide to Us? Broadly speaking, we use personal information for purposes of administering and expanding our charitable activities, providing customer service and making available other products and services to our supporting organizations. Occasionally, we may also use the information we collect to notify you about important changes to our Site, new services and special events we think you will find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us at email@example.com.
- Disclosure of Personal Information. We may disclose your personal information if required: (a) by law or subpoena or if we believe that such action is necessary to comply with the law or legal process served on us or affiliated parties; (b) protect and defend our rights and property, our Site, the users of our Site, and/or our affiliated parties; (c) act under circumstances to protect the safety of users of our Site, us, or third parties.
You can decide if and how your computer will accept cookies by configuring your preferences option within your web browser. To disable this function in your web browser, choose the “help” menu and follow the instructions for deleting cookies and preventing your browser from downloading additional cookies. If you choose to reject cookies, you can still browse our Site, but you may be unable to post on the Site or otherwise access certain services and content available on the Site. The Site does not store personal or confidential information in cookies (although our third party advertisers may – and we take no responsibility for their actions).
- Sharing Information with Third Parties. We may enter into alliances, partnerships or other business arrangements with third parties, who may be given access to personal information including your name, address, telephone number and email for the purpose of providing you information regarding products and services that we think will be of interest to you. In connection with alliances, partnerships or arrangements, we may also provide certain information to third parties if we have determined that the information will be used in a responsible manner by a responsible third party. We may also use third parties to facilitate our business, including, but not limited to, sending email and processing credit card payments. In connection with these offerings and business operations, our partners and other third parties may have access to your personal information for use in connection with our or their own business activities. As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or any dissolution.
- Notice of New Services and Changes. Occasionally, we may also use the information we collect to notify you about important changes to our Site, new services and special offers we think you will find valuable. As a User of our Site, you will be given the opportunity to notify us of your desire not to receive these offers by sending us an email request at firstname.lastname@example.org.
- How Do We Protect Your Information? The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at email@example.com.
- How Can You Access and Correct Your Information? You may request access or make corrections to all your personally identifiable information that we collect online and maintain in our database by emailing firstname.lastname@example.org or by accessing your account information at the Site.
- Updating/Accessing/Amending/Correcting Personally Identifiable Information. If your personally identifiable information changes, or if you no longer desire to use or access our Site or to obtain service or Programs provided on the Site, you may correct, update, amend, delete/remove or deactivate it by making the change on our member information page or by emailing our Customer Support at email@example.com or by contacting us by telephone or postal mail at the contact information listed below.
- What About Other Web Sites Linked to Site? We are not responsible for the practices employed by websites linked to or from our Site nor the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to the users of our Site.
- Children’s Privacy. The Site and the Foundation will not request any information from a person younger than age 13, in compliance with the Children’s Online Privacy Protection Act of 1998 (COPPA) and will not knowingly accept personal information from a child younger than age 13 for any purpose. We may ask for your year of birth to verify age.
Material Changes to Policy
Beatrice and Reymont Paul Foundation