Terms of Use
General
Keepers of the Flame Foundation, Inc (“Keepers of the Flame”) is an organization that provides resources and support for individuals diagnosed with breast cancer and their supporters. This is a website designed and intended to describe and provide information about breast cancer. Access to and use of this website and the information offered herein are governed by these Terms of Use (the “Agreement”). By accessing or using any pages of the websites accessible from the URL www.togetherweweather.org (collectively, the “Websites”), you consent to be bound by the Agreement and acknowledge your agreement to its terms. If you do not agree to be bound by this Agreement, you may not use the Websites or any information provided therein.
Keepers of the Flame reserves the right to modify this Agreement without notice and any modifications are effective when they are posted here. Keepers of the Flame may, at any time, in its discretion terminate your access to the Websites. Access to the Websites may be monitored by Keepers of the Flame. If you are accessing the Websites as a representative of an organization, this Agreement binds both you individually and the organization and references to “you” and “your” shall be construed to apply to you individually and the organization.
As a condition of your use of these Websites, you will not use the Websites or the information contained therein for any purpose that is unlawful or prohibited by this Agreement. You will not use the Websites in any manner that could damage, disable, overload or impair the operation of the Websites or use by third parties.
Keepers of the Flame’s Proprietary Rights
All content, graphics, code, and software used on or incorporated into the Websites,
and the arrangement or integration of all such content, graphics, code, and
software, is subject to copyrights and other proprietary intellectual property
rights held by Keepers of the Flame. Keepers of the Flame grants you permission
to electronically download, copy, or print hard copies of pages from these Websites
solely for your personal, non-commercial purposes. You may not sell, publish,
advertise, or otherwise distribute for commercial purposes any information or
materials obtained from the Websites. Any
use of the Websites or content or information contained herein other than for
your own personal, non-commercial use is strictly prohibited, unless the
written permission of Keepers of the Flame is obtained first.
Keepers of the Flame and other marks found on the Websites and all related trademarks, service marks and/or logos are the exclusive properties of Keepers of the Flame and may be registered or pending registration. All other trademarks or registered trademarks are the property of their respective owners. The trademarks, logos, and services marks (“Marks”) displayed on the Websites may not be used without the prior written consent of Keepers of the Flame or the applicable third party owner. The absence of any trademark notice symbols on Marks used on the Websites does not indicate or imply that such Marks are not registered.
By posting any questions or information requests on or through the Websites, you automatically grant to us a worldwide, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, and irrevocable right to copy, distribute, create derivative works of, publicly perform, and display such content.
Any information, material or idea you submit to these Websites by any means will be treated as non-confidential and non-proprietary and may be used by Keepers of the Flame and its affiliates for any purpose whatsoever, including without limitation the development and/or provision of products and services except that all personal data submitted to these Websites will be used by Keepers of the Flame in accordance with its Privacy Policy. You shall not post or otherwise transmit to or from the Websites by any means any defamatory, libelous, obscene, unlawful, or pornographic material or any other material or information which could result in any civil or criminal liability.
Links to Third Party Sites
Keepers of the Flame may provide links to third party websites on its Websites for your convenience. However, please be aware that the information, products or services available on these sites is being provided by third parties over which Keepers of the Flame has no control. Keepers of the Flame provides no guaranty or warranty as to any of such information, products or services. If you decide to visit any such sites, you do so at your own risk and responsibility. Links or the appearance of any marks or references to Keepers of the Flame do not imply any sponsorship or endorsement of the third party or any information, products or services appearing on such site. Please be sure to read the privacy policy on other sites if you have any questions about their collection of your personal data.
Error Correction
Though Keepers of the Flame uses reasonable efforts to ensure otherwise, the Websites
may contain typographical errors or other inaccuracies and may not be complete
or current. Keepers of the Flame therefore reserves the right to correct any
errors, inaccuracies, or omissions and to change or update information at any
time.
Disclaimer of Warranties and Limitation
of Liability
Keepers of the Flame provides the Websites, their contents, and any and all
products, services, and information described or provided herein on an “as is”
basis. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. Keepers
of the Flame EXPRESSLY DISCLAIMS WARRANTIES OF EVERY KIND, EXPRESS AND IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, QUIET
ENJOYMENT, OR PRODUCTS PROVIDED IN CONNECTION WITH OR RECOMMENDED BY THE WEBSITES
AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
KEEPERS OF THE FLAME DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THE WEBSITES
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE
SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO
NEGLIGENCE, SHALL KEEPERS OF THE FLAME OR ANY OTHER PARTIES INVOLVED IN
CREATING OR MAINTAINING THE WEBSITES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN
THIS SITE, EVEN IF KEEPERS OF THE FLAME OR ITS AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable law may not allow the limitation or exclusion of liability or
incidental or consequential damages, so the above limitation or exclusion may
not apply to you. IN NO EVENT SHALL KEEPERS OF THE FLAME’S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT,
OR OTHERWISE) EXCEED TWENTY DOLLARS ($20).
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, ACT OF GOD, ACT OF NATURE,
COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR
ALTERATION OF THIS WEBSITE, WHETHER THE CLAIM GIVING RISE TO SUCH LIABILITY IS
RELATED TO BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER
CAUSE OF ACTION.
RELIANCE ON THE INFORMATION ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK. YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON THIS WEBSITE AS MEDICAL ADVICE. YOU SHOULD SEEK THE ADVICE OF A MEDICAL PRACTITIONER REGARDING THE HEALTH REGIMEN THAT MAY BE RIGHT FOR YOU. THE INFORMATION IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
Choice of Law, Waiver, Claims, Severability
By using the Websites or accessing any information herein, you agree that your
use of the Websites will be governed by the laws of Georgia.
You also agree that any legal or equitable claim arising from your use
of the Websites must be brought in the courts located in Savannah, Georgia, and you consent to the exclusive jurisdiction
and venue in such courts. Keepers of the Flame’s failure to exercise or enforce
any right or provision of the Agreement will not be deemed to be a waiver of
such right or provision. If any provision of this Agreement is found by a court
of competent jurisdiction to be invalid, you agree that the court should
endeavor to give effect to the parties’ intentions and that the other
provisions of this Agreement remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of this Websites or products purchased through
this Websites must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
Notice
You may direct any questions concerning this Agreement or notices required by this Agreement to:
Keepers of the Flame
[joyce@togetherweweather.org]
E-mail: [joyce@togetherweweather.org]
Whole Agreement and Amendment
This Agreement constitutes the entire agreement between you and Keepers of the
Flame with respect to the subject matter hereof and supersedes and replaces all
prior or contemporaneous understandings or agreements, written or oral,
regarding such subject matter. Keepers of the Flame may amend or modify this
Agreement at any time by posting the new terms on its Websites. This Agreement
may not be otherwise amended except in a written document signed by you and Keepers
of the Flame.
This agreement was last revised March 7, 2019.
Privacy Policy
Keepers of the Flame Foundation, Inc (“Keepers of the Flame”) takes your privacy seriously. Please read the following to learn more about our privacy policy (the “Privacy Policy”).
Keepers of the Flame values the users of the Websites and their concerns about
privacy. To this end, Keepers of the Flame engages in consistent information
practices and uses commercially reasonable efforts to make clear disclosures
regarding those practices. This Privacy Policy is a part of that effort.
What does this Privacy Policy cover?
This Privacy Policy applies to the collection, use, storage, and disclosure of user
information by Keepers of the Flame. We will clearly disclose any exceptions to
the Privacy Policy prior to collecting any information from our users.
Keepers of the Flame may decide to modify or amend this Privacy Policy from
time to time. When we do, we will post any changes or new language here. You
are encouraged to check-back periodically to review this Privacy Policy.
What information does Keepers of the
Flame collect and how is it used?
In general, Keepers of the Flame does not collect or share your personally
identifying information. While we do not
require visitors to submit personal information to visit our web sites, such
personal information (e.g., your name, address, and e-mail address) may be
collected by Keepers of the Flame when submitted in conjunction with an
information request or some other purpose.
Keepers of the Flame may process and use such user-submitted information
and may share such information with its affiliates. However, Keepers of the Flame does not sell,
rent, individually post or otherwise disclose any personal information about
visitors to third parties. Keepers of the Flame may disclose personal
information to comply with a subpoena or applicable law. In addition, we may
hire trusted companies to help us with our web sites, programs and promotions,
and those companies may have limited access to personal information for the
sole purpose of performing their services, subject to confidentiality
obligations.
Keepers of the Flame may collect non-personal information from online visitors, such as the visitor’s browser type, operating system and domain name. The non-personal information we collect enables us to track the total number of visitors to our sites in an aggregate form, and is used by Keepers of the Flame to improve and update our sites, products and services. Aggregate (non-personal) information may be shared with third parties in our discretion.
Is data stored by Keepers of the Flame secure?
To prevent unauthorized access, maintain data accuracy, and ensure the
appropriate use of information, Keepers of the Flame has physical, electronic,
and managerial procedures to safeguard and secure the information it collects
online.
How do I find out more about Keepers of
the Flame’s information practices?
If you have any questions about anything in this Privacy Policy or about our
collection of information generally, please contact Keepers of the Flame as
follows:
Keepers of the Flame
[joyce@togetherweweather.org]
E-mail: [joyce@togetherweweather.org]
This Privacy Policy was last revised on March 7, 2019.
