Komen Central Indiana Friends Terms and Conditions
Terms of Service
These Terms and Conditions (“Terms”) govern your access to and use of the www.komencentralindianafriends.org website (the “Site”) and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Site (collectively referred to as “Content”). Your access to and use of the Site are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Site you agree to be bound by these Terms. In addition, you agree to indemnify Komen Central Indiana and our business partner, WhatFriendsDo, LLC ("WhatFriendsDo") against any and all claims by third parties arising out of your use of the Site in violation of the Terms of Service. If you do not agree to these Terms, do not access or use this site. These Terms are an agreement between you, Komen Central Indiana and WhatFriendsDo.
Komen Central Indiana grants you a limited license to access and make personal use of the Site. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of Komen Central Indiana. All right, title, and interest in and to the Site (excluding Content provided by users) are and will remain the exclusive property of Komen Central Indiana and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Komen Central Indiana name or any of the Komen Central Indiana trademarks, logos, domain names, and other distinctive brand features. This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of WhatFriendsDo. Any unauthorized use of the Site shall automatically terminate the license granted to you by Komen Central Indiana for such use.
You agree to abide by all applicable international, federal, state, and local laws and regulations in your use of this Site. You agree that Komen Central Indiana may terminate your use of the Site in Komen Central Indiana’s sole discretion for any reason. To use the Site, you must specify a username and password (your "Komen Central Indiana Friends Acount") during the registration process. Only you may use your Komen Central Indiana Friends Account. You agree to keep the login credentials for your Komen Central Indiana Friends Account confidential at all times and not authorize any third party to access or use the Site on your behalf. You are responsible for all activity that takes place within your Komen Central Indiana Friends Account. At any time, Komen Central Indiana, in its sole discretion, may disable or delete any Komen Central Indiana Friends Account for any reason.
If you are under eighteen (18) years of age, you may use the Site only with involvement of your parent or guardian. Komen Central Indiana reserves the right to refuse service, or remove or edit Content in its sole discretion.
Conduct and Responsibility
By using the Site you agree that you will not:
You retain your rights to any Content you submit, post or display on or through the Site. By submitting, posting or displaying Content on or through the Site, you grant Komen Central Indiana and WhatFriendsDo a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
Any feedback, comments, or suggestions you may provide regarding Komen Central Indiana, or the Site is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Through your usage of the Site, you may submit and/or Komen Central Indiana may gather certain limited information about you and your website usage. Komen Central Indiana is free to use such information for any purpose it deems appropriate, including marketing purposes.
To obtain full access to the Site, you may be required to complete a registration. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms. Transfer of the account by you to any other person or entity is prohibited.
The Site allows you to create team pages in support of family members or friends (each, a "Team page"). WhatFriendsDo, on behalf of Komen Central Indiana will host your Komen Central Indiana Friends Team page at no charge to you. However, Komen Central Indiana or WhatFriendsDo may electronically review your Komen Central Indiana Friends Team page for activity. If your Team page is inactive for six (6) months, Komen Central Indiana and WhatFriendsDo reserve the right to delete or unregister your Team page without notice to you.
Communications from the Site
By using the Site, you agree to receive communications from Komen Central Indiana and WhatFriendsDo that are necessary to the use of the service. Examples of these communications include, but are not limited to, welcome notices, security emails and emails regarding any changes to the service.
Products, Services, and Donations
From time to time, WhatFriendsDo may offer products and services opportunities through the Site. Once you purchase such products and services, your credit card will be charged for the amount listed on the Site for the same. WhatFriendsDo may change the pricing of products and services at any time in our sole discretion by updating the Site. All payments through the Site are handled through a third party payment processor. You agree to be bound by policies of third parties in any transaction, including the third party payment processor.
The Komen Central Indiana Friends Site Should Not Be Substituted for Professional or Medical Advice.
The Site is designed to promote communication and information regarding and concerning support provided by friends during a life-changing event. It is important to understand that the Site is provided for informational purposes only. Information, communications, Content and materials available on the Site are not and should not be considered professional or medical advice. Komen Central Indiana, WhatFriendsDo and its advertisers are not engaged in offering any professional or medical advice on this Site, nor are Komen Central Indiana, WhatFriendsDo and its advertisers responsible for any medical information generated through message boards or other areas of the Site. Komen Central Indiana and WhatFriendsDo cannot be held responsible for any medical content posted on the Komen Central Indiana Friends Site. Please consult your physician or healthcare provider if any questions arise regarding your condition. Komen Central Indiana and WhatFriendsDo expressly disclaim any and all responsibility for any consequences related, directly or indirectly, to any use, misuse or interpretation of the Site or any other information provided or omitted in connection therewith and you agree to indemnify, defend and hold us harmless therefrom.
Right of Modification and Termination
Komen Central Indiana reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice. You agree that Komen Central Indiana and WhatFriendsDo will not be liable to you or to any third party for any modification, suspension or discontinuance of this Site. Additionally, Komen Central Indiana or WhatFriendsDo may terminate this agreement at any time, without notice to you, if Komen Central Indiana or WhatFriendsDo believe, in our sole discretion, that you have breached or may breach any term or condition of the Terms, or Komen Central Indiana or WhatFriendsDo may terminate this agreement for our convenience. You may terminate this agreement at any time by destroying all materials received from the Site and ceasing to use the Site.
Disclaimer and Limitation of Liability
ALL MATERIAL ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
KOMEN CENTRAL INDIANA AND WHATFRIENDSDO MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS SITE, OR ON ANY SITE OR SITES "LINKED" TO THIS SITE. KOMEN CENTRAL INDIANA NOR WHATFRIENDSDO MAKE NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL KOMEN CENTRAL INDIANA, WHATFRIENDSDO OR ITS AFFILIATES, LICENSORS, SUPPLIERS, CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY TO USE THE SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS OR CONTRACTORS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.
Jurisdiction and Venue
This Site is controlled and operated within the United States of America. Komen Central Indiana makes no representation that the material on the Site is appropriate or available for use in other locations. If despite these conditions, you use the Site from outside the United States, you are solely responsible for compliance with any applicable local laws. The Terms of Service shall be governed by the laws of the State of Indiana without giving effect to any choice or conflict of law or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana, provided, however, that disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law. You consent to jurisdiction in the State of Indiana. Our failure to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms is deemed invalid, illegal, or unenforceable such provision will be deemed amended to conform to the applicable laws and the remainder of the Terms shall remain in full force and effect. This represents the full understanding of the parties with respect to this subject matter. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you against WhatFriendsDo arising out of or related to your use of the Site must be filed within one (1) year after such claim or cause of action arose.
Any questions may be directed to:
Komen Central Indiana
3500 DePauw Blvd.
Indianapolis, IN 46268