Terms and Conditions of Use Agreement

 

Read this Terms and Conditions of Use Agreement (“Agreementâ€�) before using www.melanomaknowmore.com   (the “Siteâ€�), subscribing to any services or news updates on or through the Site, or making any donations on or through the Site.   Your access to and use of the Site is provided, and all transactions made on or through the Site, are subject to this Agreement. By using any part of the Site, making a transaction on or through the Site, or subscribing to or using any services accessed through the Site, you (“Youâ€� or “Userâ€�) agree to these terms and conditions. This Site is owned and operated by Melanoma Know More, an Ohio non-profit organization, (“Usâ€�, or “MKMâ€�).

YOU ARE NOT PERMITTED TO USE THIS SITE IF YOU ARE UNDER THE AGE OF 13.

Jurisdiction

The Site, and the information, services, programs and content, is intended for use within the United States.   MKM makes no representation that the Site including its information, services, subscriptions or its content, are appropriate or available for use in other locations.   Those who choose to access the Site from locations other than the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent applicable.

Transaction terms

Each transaction on the Site is expressly made conditional on a donor’s assent to this Agreement.   Donor’s must be over 18.  

1. Donations. You consent to the transfer of your email address(es) when such transfer is required to complete a transaction, as set forth in MKM’s Privacy Policy.   MKM has no obligation to confirm the validity of any donation, or the authority of the person donating through the Site.   You bear all risk of unauthorized donations by third parties or unauthorized persons using your payment method, or credentials used to identify you.   You may not change, cancel, or reschedule any donations without providing MKM with written notification of your desire to cancel, change or reschedule the donation.  
2. One-Time/Reoccurring Donations.   We will charge your Payment Method at the time of donation for any one-time contribution. If you elect to make a monthly recurring gift, you Payment Method will be charged the same amount on the first day of each month until you notify Us in writing (email) to terminate your reoccurring donation effective the first day of the following month.  
3. Remedies.   In the event of your default under this Agreement, MKM shall have available all rights and remedies at law or in equity. No failure on the part of MKM to exercise and no delay in exercising any right or remedy shall operate as a waiver thereof.   No waiver by MKM of any default shall constitute a waiver by MKM of any additional or subsequent default.

Rights in your Content; Unsolicited Information and Ideas

Any communications you send to MKM or to the Site by e-mail or any other means are not confidential and MKM is under no obligation to refrain from reproducing, publishing except for Personal Information, as defined in MKM’s Privacy Policy or otherwise using them in any way or for any purpose.   MKM shall be free, but is under no obligation, to use the content of any such communications, including any ideas, concepts, or techniques for any purpose, including development, manufacture, market, and sale.

Copyright and Trademark Information

All content posted to the Site by MKM, including names, images, logos and pictures identifying services of MKM or any of its site designs, text, graphics, interfaces, and the selection and arrangements thereof, is licensed by or is the property of MKM protected by intellectual property rights.   Except for personal non-commercial use of materials on the Site, any use, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MKM, is strictly prohibited.   You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy any part or all of the Site or the content contained therein without prior written permission of an authorized officer of MKM.

MKM logos and other trademarks are proprietary marks of MKM and may not be used in connection with any product or service that is not provided by MKM, in any manner that is likely to cause confusion among clients, or in any manner that disparages or discredits us.   Nothing contained herein shall be construed as conferring any license or right under any MKM patent, copyright or trademark.

All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties.   In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with MKM or the Site.

DISCLAIMER OF WARRANTIES.

EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MKM AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND.  

MKM IS NOT LIABLE FOR ANY DAMAGES YOU SUFFER FROM USE OF THE SITE. MKM MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO, AND SPECIFICALLY DISCLAIMS LIABILITY FOR, THE AVAILABILITY, USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY OR COMPLETENESS OF THE SITE OR ITS CONTENT.

MKM MAKES NO WARRANTY OR REPRESENTATION THAT: (a) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE QUALITY OF ANY SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT; or (c) ANY ERRORS IN THE SITE WILL BE CORRECTED.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING, ACCESSING, OR OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

SUBJECT TO MKM’S PRIVACY POLICY, MKM MAKES NO WARRANTY OR REPRESENTATION THAT IT’S HOSTING OF ANY DATA OR INFORMATION COMPLIES WITH LOCAL, STATE, OR FEDERAL RECORDS RETENTION REQUIREMENTS AND HAS NO OBLIGATION TO RETAIN ANY DATA OR INFORMATION AFTER THE TERMINATION OF YOUR ACCOUNT OR REGISTRATION.   YOU ARE SOLELY RESPONSIBLE FOR THE BACKUP OF ANY AND ALL DATA OR INFORMATION YOU POST OR SUBMIT TO THE SITE AND MKM HAS NO LIABILITY OF ANY KIND FOR ANY LOSS OF DATA OR INFORMATION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

IN NO EVENT WILL MKM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE SITE OR DONATIONS MADE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), EVEN IF MKM HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE OR ACCESS THE SITE, SERVICES, OR CONTENT; (b) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, RELY ON, OR DISTRIBUTE; OR (c) THE LOSS OF ANY DATA, INFORMATION, OR CONTENT SUBMITTED OR POSTED TO THE SITE.

IN NO EVENT WILL MKM’S LIABILITY OR THE LIABILITY OF MKM’S LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS IN CONNECTION YOUR USE OF THIS SITE, UNDER ANY THEORY OF RECOVERY, EXCEED $500.00.

FORCE MAJEURE: MKM SHALL NOT BE LIABLE FOR ANY ACTIONS OR FAILURE TO ACT DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, OR DUE TO ACTS OF GOD, ACTS OF USER, ACTS OF CIVIL OR MILITARY AUTHORITY, PRIORITIES, FIRES, STRIKES, FLOODS, EPIDEMICS, QUARANTINE RESTRICTIONS, WAR, RIOTS, DELAYS IN TRANSPORTATION, CAR SHORTAGES, AND INABILITY DUE TO CAUSES BEYOND ITS REASONABLE CONTROL TO OBTAIN NECESSARY LABOR, MATERIALS, OR PROCESSING FACILITIES.

THIS AGREEMENT DEFINES YOUR SOLE AND EXCLUSIVE REMEDY.

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

Indemnification

You agree to defend, indemnify, and hold MKM, its parents, predecessors, subsidiaries, assigns, agents, attorneys, trustees, trusts, trust beneficiaries, directors, partners, joint venturers, stockholders, affiliates, officers and employees, harmless from each and any claim or demand, including but not limited to reasonable attorneys’ fees and costs, due to or arising out of: your use of the Site; your violation of this Agreement; or your (or other user of the Site using your computer or Account) infringement of any intellectual property or any other right of any person or entity.

Termination

Your right to use the Site automatically terminates if you violate this Agreement or any rules or guidelines posted in connection with the Site.   MKM also reserves the right, in MKM’s sole discretion, to terminate your access to all or part of any of the Site, for any reason, with or without notice.

MKM shall have the right to terminate any licenses granted herein upon written notice to You upon the occurrence of the following events:

1. You use the license beyond the scope of the license granted herein.
2. You engage in any activity which infringes upon any trademark, copyright, patent or other proprietary right of MKM.

Links

Our Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.   You acknowledge that MKM is not responsible for the availability of, or the content located on or through, any third-party site.   You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.   Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and MKM is not responsible for your use of said third-party sites.   MKM encourages you to review said privacy policies of third-party sites.

Privacy Policy

Our Privacy Policy explains the practices that apply to your information.   The Privacy Policy is fully incorporated herein by reference.   Your ongoing use of this Site signifies your consent to the information practices disclosed in MKM’s Privacy Policy.

Governing LAW

This Agreement is governed by and will be construed according to Ohio law, excluding any principles of conflicts of law.   In the event of any dispute or controversy arising from this Site, you consent to the jurisdiction of the courts of Hamilton County, Ohio, and of the federal district court of the Southern District of Ohio.   You further agree that venue for litigation arising from this Site will be exclusively in the Southern District of Ohio or its counterpart state court.   You agree to litigate solely on an individual basis, and that this Agreement does not permit class action litigation or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding, and you expressly waive all such rights to bring or participate in class action.   In the event the prohibition on class action litigation is deemed invalid or unenforceable, then the remaining portions of this provision will remain in force.

Botnets

MKM retains the right, at its sole discretion, to terminate any accounts or access to the Site involved with botnets and related activities.   If any hostnames are used as command and control points for botnets, MKM reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at MKM’s discretion.

Other Terms

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.   You agree that this Agreement and any other agreements referenced herein may be assigned by us, in MKM’s sole discretion, to a third party in the event of a merger or acquisition.   This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement relating to your participation as a User unless expressly agreed to in writing signed by MKM. Subject to MKM’s Privacy Policy, you acknowledge and agree that MKM may preserve and disclose any of the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (a) to comply with legal process, such as a court order, search warrant, or subpoena; (b) to enforce the terms of this Agreement; (c) to render service you request; (d) to protect MKM’s rights or property; or (e) in circumstances that MKM deems, in its sole discretion, to pose a threat to the safety of you or others.

Modifications and Interruption to Service

MKM reserves the right, at any time, to modify, alter, or update this Agreement without prior notice.   Modifications shall become effective immediately upon being posted on the Site.   Your continued use of the Site or transactions made after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.   Except as expressly stated herein, this Agreement may not be amended.

MKM reserves the right to modify or discontinue the Site with or without notice.   MKM shall not be liable to you or any third party should MKM exercise its right to modify or discontinue the Site.   You acknowledge and accept that MKM does not guarantee continuous, uninterrupted, or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of MKM’s control.

Entire Agreement

This agreement represents the entire agreement between you and us.   No agent or other person is authorized to modify this agreement or to make any warranty or representation which is different than, or in addition to, the warranties and representations of this agreement