Komen was founded on one promise made between two sisters. Komen is committed to saving lives and ending breast cancer forever by empowering people, ensuring quality care for all and energizing science to find the cures (the “Promise”). The Sites are designed, and all uses of the Sites are intended, to be in furtherance of the Promise.

Disclaimer

You acknowledge that the materials on the Sites are provided “as is” for general information only and without warranties of any kind. The materials on the Sites are not meant to be used for self-diagnosis or to replace the services of a medical professional. While Komen endeavors to keep the materials on the Sites current, healthcare information changes rapidly and thus, the materials on the Sites should not be relied upon to be fully comprehensive or error free. Komen does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the programs, materials, products or other information provided on the Sites or by the companies or organizations linked or referred to in the Sites. The Sites do not offer medical advice or recommendations to individuals and you should not rely on the information posted on the Sites as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs and any reliance you place on such information is strictly at your own risk. Komen does not advocate that you attempt to treat yourself, your family or someone you know without proper medical supervision. Komen encourages you to seek the guidance of your healthcare provider if you feel that you, your family or someone that you know suffers from the conditions described on the Sites.

In certain instances, Komen permits third parties to provide testimonials and information, and in certain situations, create personal home pages for fundraising purposes in furtherance of the Promise. Komen may from time to time post articles and other information provided by third parties that might be of interest or benefit to the public and users of our Sites. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of Komen or endorsed by Komen, and Komen disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites.

Ownership and Rights to Use Materials

The Sites and all of its’ content, features, and functionality, including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein, are owned or controlled by Komen, our licensors, and certain other third parties and are protected by United States and international copyright, trademark, trade dress, trade secret, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

The Komen name, Komen logo, and all related names, logos, product and service names, design, and slogan are trademarks of Komen or its licensors. You must not use such marks without the prior written permission of Komen.

These Terms of Use permit you to use the Sites for your personal, non-commercial use only. You must not copy, reproduce, publicly display, republish, download, store, create derivative works of, publicly perform, or transmit any of the material on our Sites, except as follows:

• You may display, view, use, and play content from the Sites on a computer, mobile or other internet enabled or permitted device as it is displayed to you;
• You may store files that are automatically cached by your web browser for display enhancement purposes;
• You may print or download copies of the Sites’ content for your own personal, non-commercial use; provided that (i) the copies of the content must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to Komen and if possible provide a reference to Komen’s main site www.komen.org, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is Komen’s material;
• You may share printed copies of the Sites’ content with others, provided that you agree to advise any person to whom you share the materials as to these Terms of Use and they must agree to abide by these Terms of Use;
• If made available to you, you may obtain a registered account on the Sites and interact with the Sites and Services (defined below) in connection therewith;
• If the Sites include a “send to friend”, social media sharing, or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes a message or other content, or to post our content to third party services or your own site or online service, and that tool is operational, you may use the tool to do so; provided, however, that you do not do so in a manner that violates applicable law or third party rights and only to recipients you have permission to contact; and
• If we provide third party plugins or social media features with certain content, you may take such actions as are enabled by such features.

Failure to abide by these conditions will immediately terminate this permission and may result in the violation of applicable intellectual property and unfair competition laws.

You shall not modify copies of any materials from the Sites, other than as expressly permitted by these Terms of Use, the Sites, or expressly authorized by Komen; use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites. If you use or access the Sites in any part in violation of these Terms of Use, your right to use the Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. We retain all rights not expressly granted, and nothing in these Terms of Use constitutes a waiver of any rights under intellectual property or unfair competition laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms of Use should be construed as conferring by implication, estoppel, industry custom, or otherwise, any license or right. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY KOMEN AND ITS LICENSORS AND OTHER THIRD PARTIES.

Sponsors and Donors

Komen may choose to acknowledge certain persons and companies who have provided donations or sponsorships in furtherance of the Promise. Such acknowledgement may be in the form of recognition on the Sites by use of such persons or companies’ own names or marks and/or links to such person or companies’ own websites. However, Komen does not solicit or permit the purchase or use of advertisements or commercial endorsements on the Sites by any person or company (including, without limitation, its sponsors and donors). If you choose to click on the links to any of our donors’ or sponsors’ websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of our donors or sponsors, you do so on your own initiative and you agree that Komen takes no responsibility for the links to any of our donors’ or sponsors’ websites and Komen is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such donors or sponsors in conjunction with the Sites.

Website Services

Services. In furtherance of the Promise, Komen may offer from time to time certain services or features on the Sites (including without limitation, accounts, message boards, blogs, chatrooms, public forums, personal home pages, on-line donations, shopping carts and tutorials) (collectively, the “Services”). The following terms under these Terms of Use pertain to your ability to use the Services made available by Komen on the Sites. Komen will permit your use of the Services on the express condition that you accept, without modification, and abide by these Terms of Use.

Account Set Up. Browsing of the Sites’ public pages is currently provided free of charge to any person. However, access to the Services and certain features of the Sites requires you to establish and activate an account. You may sign up and set up an account by accessing the Sites and following the directions for registration. When you register for an account, you will be asked (i) to create a unique user name (and/or a forum name); (ii) a password and a valid email address for your account; and (iii) whether you have read these Terms of Use and agree to abide by its terms. You may be asked specific questions if you are seeking to use certain features of the Sites (such as a Personal Home Page), and your answers to those questions will determine whether you are eligible to register for those features. If you answer “I agree” to these Terms of Use and you answer all of the questions posed for each feature and otherwise are eligible, your account may be activated. If you answer “I Do Not Agree” to these Terms of Use or otherwise do not answer all of the questions or otherwise are not eligible, your account will not be activated and you will not be permitted to access the Services online.

Komen reserves the right to decline to activate an account for any person for any reason. If your account is activated, you will receive a notification email shortly after you register and you must confirm your email address and acceptance of these Terms of Use by clicking on the confirmation link in the notification email. Once your account is activated and you have confirmed acceptance of these Terms of Use, you will be permitted to log in, view, load, post, and use the Services and the specific features of each Komen public forum or service for which you have been registered. By confirming your account registration and acceptance of these Terms of Use, you acknowledge that you have read these Terms of Use, understand your rights and obligations, and agree to be bound by these Terms of Use. You acknowledge that certain Services may be provided subject to additional terms and conditions and you agree that you will abide by such additional terms and conditions applicable to those Services.

Password Protection. You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your account made by you or others. You will immediately notify Komen if you have any reason to believe that another person has obtained or has the means to obtain your user name and password and has accessed or used your account without authorization, or you suspect any other breach of security; however, you will remain responsible for any unauthorized use thereafter. You agree that you will not reveal your user name and password to any other person, or take actions that would cause your user name and password to be revealed to any person, whether intentional or not. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Sites for which you have been granted permission to use by Komen.

Account Requirements. In consideration of your use of the Sites and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof.

Parental Consent. As part of the account activation process, you must certify that you are 18 years of age or older. If you are under the age of 18, then your parent or legal guardian may establish an account for each minor child who may use the Services. In such event, the parent or legal guardian must certify that he or she is at least 18 years old and that he or she is the parent or legal guardian of the child/children listed on the account. The parent or legal guardian also must provide his or her contact information. By creating an account for a minor, the parent or legal guardian gives your minor child permission to access all of the Sites and the Services. As the legal guardian or parent, it is your responsibility to determine whether any of the Sites and the Services and/or information contained on the Sites is appropriate for the minor child and whether the minor child should participate in any feature of the Sites or Services, including without limitation the message boards, blogs or chatrooms. You should understand that we may disclose any activity under the minor child’s account to the parent or legal guardian.

Message Boards & Other Public Forums. As part of your account, you may participate in creating a profile and posting on certain message boards, blogs, chatrooms, instant messaging and other public forums. Your participation is voluntary; however, by choosing to post or send a message or blog or otherwise participate in any public forum, you acknowledge and agree that any information or content provided by you may be viewed by the general public and will not be treated as private or confidential.

You further agree that Komen may use the posted content in any manner that it deems necessary or appropriate. Komen reserves the right to edit or abridge content for any reason and to edit, refuse to post or remove any content submitted by you or others, including content that we believe is offensive, obscene, lewd, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties, these Terms of Use, or other applicable additional terms. Komen cannot and does not guarantee that it will post all content submitted or that such content will not be offensive, defamatory, or objectionable. Although Komen reserves the right to remove any posting without notice, Komen has no obligation to delete content that you personally may find objectionable or offensive. Komen does not control in real time the information posted via the Services and as such does not guarantee the accuracy, integrity or quality of such information. In addition to other disclaimers found in these Terms of Use, Komen does not endorse or make any warranties or representations with regard to the accuracy, completeness or timeliness or any content posted on any Komen public forum or the Services.

Personal Home Page. While accessing or using the Sites, you may be provided access to website development tools and/or the use of a fundraising web space that can be personalized with your own content or otherwise to create a personal webpage (each such page being a “Personal Home Page”). Your Personal Home Page may have several features such as my story page, a slide show (up to 10 photos with captions), a link to donate to “my Komen event”, a link to testimonials or comments that can be edited only by you), donation goal (optional), personal URL at komen.org (or such other sub-domain or URL as may be designated by Komen), guest book and email address book. In addition to these Terms of Use, your use of the Personal Home Page and related Services may require your agreement and compliance with additional terms at the time that you register for a Personal Home Page. Prior to registering for a Personal Home Page, you will be required to agree to these Terms of Use and any additional terms.

Posted or Shared Content. You may post or share messages, text, photos, testimonials or other content (including, without limitation, information that you provide about survivorship status) on the Sites via the public forums, your Personal Home Page or any page on the Sites that specifically provides that the content may be used in a public manner.

Except as otherwise described in our Privacy Policy, you agree that any such content submitted to Komen will be treated as non-confidential and non-proprietary and will not be returned, and you hereby grant Komen and its licensees the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), incorporate, distribute, publicly display, publicly perform, publish, transmit, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral or privacy rights that you may have in any such content posted or shared by you. By posting or sharing such content, you represent to Komen that you own or have the right to use and permit Komen to use such content in the manner stated above. By way of example and not limitation, if you post a photograph of yourself with others, you represent and warrant that you have obtained permission or a release from the other people appearing in the photograph to use their image on your Personal Home Page, and you represent and warrant that you are the owner or licensee of the copyright in the photograph. You agree not to post or share any information relating to or photographs or text that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you obtain permission to do so from that person before posting or sharing. If you identify yourself by name or provide a picture or audio or video recording of yourself, you grant to Komen and its licensees (without compensation to you or others) the unconditional, perpetual, irrevocable right to use and exploit your name, voice, persona, and likeness in connection with any of your content, without any obligation or remuneration to you. Komen reserves the right to refuse to post or share content, remove content, or disable your account due to: (i) the high-risk nature of a proposed fundraising activity (e.g. bungee jumping, parachuting, hand gliding, cliff diving); (ii) the potentially negative impact on Komen’s outstanding public image due to a proposed fundraising activity or posted or shared content; or (iii) any other reasonable factor as determined by Komen in its sole discretion. If Komen elects to disable your account, Komen will notify you of its disabling of your account via email at the address provided with your registration.

Availability of Service. Komen reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party’s information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on Komen’s servers on your behalf. Without limiting the foregoing, you agree that Komen shall have no responsibility or liability for the deletion or failure to deliver or store your Personal Home Page or any other public forum, or any information, pictures, content or email provided by or stored by you on your Personal Homepage or any other public forum, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of Komen. You acknowledge that Komen reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Komen shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.

Privacy of Patient Information. The Health Insurance Portability and Accountability Act (“HIPAA”) may regulate and limit the use and disclosure of your private health information by certain healthcare institutions. However, you should know that the HIPAA regulations apply to information gathered in the treatment of patients and not to information gathered by or through the Sites. We may request limited health information about you such as your relationship to breast cancer or other cancers, if applicable, your type of breast cancer or other cancers, date of diagnosis, stage, or current treatment as part of the Services including Helpline, Patient Navigator Program, and Treatment Assistance Program. For instance, this information may be needed to assist you if you contact Komen seeking breast cancer information or requesting support from Komen. For details on how Komen protects the privacy of personally identifiable information and health information gathered by or through the Sites and Services, please see our Privacy Policy.

Shopping Cart Purchases & On-Line Donations. In order to purchase products from the Sites’ store or make donations online, you must submit the necessary contact and payment information, including, without limitation, your name, address, payment card information and email address. You are responsible for the accuracy of the contact and payment information in your account(s) supplied by you to Komen. By providing such information to Komen by any means (e.g., email, fax, telephone, mail, etc.), you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information to Komen for use in processing your orders or receiving your donations from the Sites. In order to purchase the products or make donations online using the payment method displayed on the Sites (e.g., VISA, Mastercard, PayPal, etc.), you must be 18 years of age or over. By using the Sites’ payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Sites, including, without limitation, instructing Komen or its authorized vendors to collect any payments from a payment card, and to use the Sites in accordance with these Terms of Use. The billing to your payment card or to your account occurs at the time of purchase or donation to the Sites or shortly thereafter. All sales of merchandise purchased from Komen on the Sites are subject to Komen’s standard sales terms and conditions, which contain certain warranty and liability limitations. All returns and exchanges of merchandise purchased from Komen on the Sites are subject to Komen’s standard return and exchange policy. Komen will charge tax in states where such purchases are taxable and your invoice will include both the purchase price and sales tax based on the bill-to address for you for your payment card at the sales tax rates then in effect at the time of purchase. You agree that you are responsible for all charges incurred by your use and purchases on the Sites and you expressly authorize Komen to charge the payment card provided by you or listed on your account for any outstanding fees or costs due to Komen or any donations submitted online via the Sites.

Acceptable Use Policy for Services & Sites

You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party’s intellectual property rights (including copyright, patent, trademark, trade secrets) or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on Komen or its licensors or suppliers’ infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful, malicious, or deleterious programming routines; (vi) involve the preparation and/or distribution of “junk mail”, “spam”, “chain letters”, “pyramid schemes” or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of Komen’s or other’s officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites’ servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account (“cracking”) on or from the Sites; or (xiv) are contrary to Komen’s public image, goodwill, reputation or mission or otherwise not in furtherance of the Promise.

In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of Komen’s, its licensors or supplier’s content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of Komen or its licensors or supplier’s software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms of Use to any third party, or otherwise commercially exploit or profit from the information or content of the Sites (or any part or portion thereof).

IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.

Disclaimer of Warranties

AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT) IS AT YOUR SOLE RISK AND THE SITES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, Komen their respective employees, volunteers, directors, members, managers, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Komen Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Sites, the Services, any user posted content, or other Komen services.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, KOMEN PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

KOMEN CONTROLS AND OPERATES THE SITES AND SERVICES IN THE STATE OF TEXAS, UNITED STATES OF AMERICA AND MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. KOMEN MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LOCAL LAWS.

Disclaimer Regarding Translated Content

In addition to the general disclaimer of warranties provided under these Terms of Use, Komen does not warrant the accuracy, reliability, or timeliness of any information provided on its Sites in languages other than English (“Translated Content”). Any person or entity that relies on information obtained from the Translated Content does so at his or her own risk. Komen is not responsible for any damage or issues that may possibly result from using the Translated Content. If any questions arise concerning the accuracy of the information presented in the Translated Content, please refer to the official English version of the website.

Indemnification

As permitted by applicable law, you agree to, and you hereby defend (if requested by Komen), indemnify, and hold harmless Komen Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgements, fines, penalties, settlements, interest, and expenses (including attorney’s fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Komen Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your use of the Sites and Services, (ii) your breach or alleged breach of these Terms of Use or any applicable additional terms, your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Sites or your activities in connection with the Sites, (iii) any information or material provided or submitted by you that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entities, (iv) any misrepresentation made by you, and (v) Komen Parties’ use of the information that you submit to us subject to our Privacy Policy. You will cooperate as fully required by Komen Parties in the defense of any of the aforementioned claims or losses. Notwithstanding the foregoing, Komen Parties retain the exclusive right to settle, compromise, and pay any and all claims or losses associated herewith. You will not settle any claims or losses without, in each instance, the prior written consent of an officer of a Komen Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

Limitation of Liability

As permitted by applicable law, in no event and under no circumstances shall Komen Parties or the contributors of information to the Sites or our sponsors, be responsible or liable to you or any third party for any loss or damages of any kind, including personal injury or death or for any direct, indirect, economic, exemplary, special, incidental, punitive or consequential losses or damages of any kind (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the Sites, or your (or any authorized user’s) or any unrelated party’s reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms of Use fail of their essential purpose.

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KOMEN PARTIES’ AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF ONE HUNDRED (100) U.S. DOLLARS (USD).

Term & Termination

These Terms of Use are effective from the date that you first access the Sites or on the date that you activate your account for the Services, whichever is earlier, and continues in effect until terminated in accordance with these Terms of Use.

Komen may terminate your access to the Sites or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms of Use; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (viii) discontinuance of the Services as a whole; (ix) a statement by you that you no longer agree to these Terms of Use, or a statement by you otherwise requesting termination of your access to the Services; (x) completion of the Komen or other fundraising event or program in which you are participating; and/or (xi) any other reason reasonably considered by Komen to be in its best interest.

Your access to the Sites or the Services also will terminate automatically if you fail to comply with any term or provision of these Terms of Use. You agree that any termination of your account and/or your access to the Sites or the Services may be affected without prior notice and you acknowledge and agree that Komen may immediately deactivate or delete your account and all related information, files or content in your account and/or bar any access to such information or content by you or others. Komen shall not be obligated to return or provide copies of any information, files or content in your account to you upon deactivation.

You may deactivate your account at any time subject to full payment of any costs or donations charged to your account(s). In order for us to deactivate your account, you must provide us with written notice. You may look under “My Account” and follow the instructions for providing written notice to us so that your account will be deactivated. You acknowledge that our entire liability and your exclusive remedy under these Terms of Use for any dispute with us shall be your right to terminate your account in accordance with this section. As permitted by applicable law, if you claim you have incurred any loss, damages, or injuries in connection with your use of the Sites or Services, then the losses, damages, and injuries will not be deemed irreparable or sufficient to entitle to you an injunction or to other equitable relief that may interfere with or prevent the development or exploitation of any Sites, application, content, Services, or intellectual property offered, owned, licensed, used or controlled by Komen, or a licensor of Komen.

You further agree that the Komen shall not be liable to any third-party for any termination or deactivation of your access to your account(s) or the Sites.

Upon termination, Komen will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to Komen with respect to the Services terminated or the Sites; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms of Use, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Sites or the Services.

Deactivation of the Sites

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any part or portion thereof. Nothing in these Terms of Use shall be construed to obligate Komen to maintain and support the Sites, or any part or portion thereof, during the term of these Terms of Use.

Notice of Claims of Intellectual Property Violations

Komen respects the intellectual property rights of others and we expect our users to do the same. The content of the Sites may include pictures, information, testimonials, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. Komen does not permit the use of content on the Sites that infringes on the intellectual property rights or other proprietary rights of others including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization, and will remove any such content that violates the intellectual property rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms of Use. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”), which you can read at the US Copyright Office’s website, and other applicable law, Komen has adopted a policy of terminating, in appropriate circumstances and at our discretion, users who are deemed to be repeat infringers. If you (or your agent) believe that any of the content on the Sites infringes your copyrights, please provide Komen’s designated copyright agent written notice (whose contact information provided below) with the following information:

1. A legend or subject line that says: “DMCA Copyright Infringement Notice”.
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3. Identification and description of the copyrighted work claimed to have been infringed, or, if you believe that multiple copyrighted works have been infringed on the Sites, a representative list of such works.
4. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Komen to locate the material.Providing the full URL of the page(s) on the Sites on which the material appears is the best way to help us locate content quickly.
5. Information reasonably sufficient to permit Komen to contact you, such as your full name, address, telephone number, and, if available, an electronic mail address at which you may be contacted.
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide all of the information requested above. No specific form is required to provide Komen with notifications of possible infringement. However, it will take Komen longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.

Komen will only respond to DMCA notices it receives by mail or email at the addresses below:

Attention: Designated Copyright Agent
Legal Department
Susan G. Komen
Address: 13770 Noel Road, Suite 801889, Dallas, TX 75380
Email: legaldepartment@komen.org

Children’s Privacy

Komen does not knowingly solicit data from children or knowingly market to children. Komen is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act of 1998 (“COPPA”), it does not knowingly request or solicit personally identifiable information from anyone under the age of 16 without prior verifiable parental consent. In the event that Komen receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, Komen will delete that information from the Sites as quickly as is reasonably practical.

Any California residents under the age of 18 who have registered to use the Sites and who have posted content or information on the Sites or Services, can request that such information be removed from the Sites or Services by contacting us at Susan G. Komen, 13770 Noel Road, Suite 801889, Dallas, TX 75380 (Attention: Legal Department) making such request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal.

Privacy

Komen understands that many visitors to the Sites may be concerned about the information that they may provide or that may be generated from their use of the Sites and how Komen may use such information. Protecting privacy is an important priority to Komen. Our Privacy Policy governs the collection, use, retention and disclosure of personal information gathered from the Sites and you can view our Privacy Policy.

Equitable Remedies

You agree that, if these terms of these Terms of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es) to these Terms of Use, in addition to any other available remedies.

Dispute Resolution

In the event of any dispute arising out of the Sites, Services, or these Terms of Use, you and Komen each agree to use good faith efforts to resolve our differences amicably and send a written notice to the other providing a reasonable description of the dispute along with a proposed resolution for it. Our notice to you will be sent to you based on the most recent contact information that you provide to us. Your notice to us must be sent to: Susan G. Komen (Attn: Legal Department), 13770 Noel Road, Suite 801889, Dallas, TX 75380. For a period of sixty (60) days from the date of receipt of notice from the other party, Komen and you will engage in dialogue in order to attempt to resolve the dispute, though nothing will require either you or Komen to resolve the dispute on terms with respect to which you and Komen in each of our sole discretion, are not comfortable.

In the event those efforts are unsuccessful, you and Komen agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or Komen may initiate the mediation process after providing the aforementioned sixty (60) days’ notice to the other party of the dispute and after engaging in good faith efforts to attempt to resolve our differences amicably. The dispute shall be submitted to mediation in Dallas, Texas, U.S.A. Costs of mediation shall be borne equally by both you and Komen. Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and Komen mutually agree to extend the time or unless the mediator declares you and Komen to be at an impasse. Notwithstanding the above, in the event that Komen believes that immediate injunctive relief is required to protect its rights, Komen may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.

Governing Law/Venue

All matters relating to the Sites, Services, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America.

In the event mediation is not successful, any legal suit, action, or proceeding arising out of, or related to, any dispute with respect to the Sites, Services, and these Terms of Use shall only be brought in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Dallas and the County of Dallas, although we retain the right to bring any suit, action, or proceeding against you for the breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Miscellaneous

Severability. If any provision of these Terms of Use is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms of Use and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms of Use. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.

Investigations; Cooperation with Law Enforcement. As permitted by applicable law, Komen reserves the right, without limitation, to (i) investigate any suspected breaches of its Sites’ security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms of Use and any applicable additional terms, (iii) use any information obtained by it in accordance with its Privacy Policy, in connection with reviewing any law enforcement databases or complying with applicable laws and/or disclose any information obtained by Komen to comply with law enforcement requests or legal requirements in accordance with our Privacy Policy, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, and (v) prosecute violators of these Terms of Use and any applicable additional terms.

Complete Agreement/ No Waiver. Failure by us to enforce any particular term of these Terms of Use shall not be construed as a waiver of any of our rights hereunder. These Terms of Use (and additional terms referenced in or referencing these Terms of Use found on the Sites) constitutes the entire agreement between you and Komen with respect to the Sites.

Language. These Terms of Use have been written in the English language and the English language shall control. These Terms of Use, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any right that you may have under local law to receive these Terms of Use in any language other than English.

Assignment. Komen may assign its rights and obligations under these Terms of Use and any applicable additional terms, in whole or in part, to any party at any time without any notice. These Terms of Use and any applicable additional terms may not be assigned by you, and you may not delegate your duties under them without the prior written consent of an officer of Komen.

Contact Information

The Sites are operated by Susan G. Komen, Susan G. Komen, 13770 Noel Road, Suite 801889, Dallas, TX 75380. All questions, feedback, comments, requests for technical support, and other communications relating to the Sites and Services should be directed to privacymanager@komen.org.