Updated August 26, 2022
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
The National Breast Cancer Foundation service and community networks (collectively, “NBCF”, or “the Service”) are operated by the National Breast Cancer Foundation, Inc., a Texas 501(c)(3) nonprofit corporation, and its corporate affiliates (collectively, “NBCF,” “us,” “we,” or “our”). These Terms of Service (“Terms” or “Agreement”) are an agreement between NBCF and you and govern your use of the Website (as defined below) and all information on or submitted through the Website. By accessing or using our Website at www.nationalbreastcancer.org, any sub domains or microsites, (collectively, “the Website”), or by posting a NBCF banner on your site, you (the “User”) signify that you have read, understand, and agree to be bound by these Terms of Service, in order to access and use the Service or the Website. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised, which shall constitute reasonable notice of such changes. Your continued use of the Service or the Website after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the Website. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Service and to review such changes. Do not use the Website if you do not agree to the Terms or if your jurisdiction will not honor them.
Membership in the Service is void where prohibited. This Site is intended solely for Users who are thirteen (13) years of age or older. Any registration by, use of, or access to the Website by anyone under 13 is unauthorized, unlicensed, and in violation of these Terms of Service. By using the Service or the Website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of this Agreement. NBCF may terminate your membership, delete your profile and any content or information that you have posted on the Website, and/or prohibit you from using or accessing the Service or the Website (or any portion, aspect, or feature of the Service or the Website) for any reason, at any time in its sole discretion, with or without notice, including without limitation if we believe that you are under 13.
Registration, Account Security, and Attribution of Electronic Arts
For some areas of the Website, you may have to complete a registration process or create a profile. Completion of the process will usually create an account with a username and password or other identifier which you agree to guard as confidential information—if you are careless with it, others may be able to access the information. You agree to provide accurate, current, and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or NBCF has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, NBCF may suspend or terminate your access, in addition to exercising all rights and remedies allowed by law.
You agree that all uses of the identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates, and other third parties with whom we work in order to provide the Website, Content, services, or pursue our mission (including but not limited to our and their respective affiliates, officers, employees and agents) (collectively “Third Parties”), as being a use made by you, even if someone else used your identifier.
Proprietary Rights in Site Content and Limited License
All content on the Website, including but not limited to designs, text, graphics, pictures, animation, video, information, software, music, sound, and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of NBCF or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without NBCF’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Website. Provided that you are eligible for use of the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Website Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation, whether published or unpublished. Any other use of the Website Content is strictly prohibited. Such license is subject to these Site Terms of Service and does not include use of any data mining, robots, or similar data gathering or extraction methods. Any use of the Website or the Website Content other than as specifically authorized herein, without the prior written permission of NBCF, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Trademarks, Service Marks, and Copyrights
All uses of NBCF federally registered and common law trademarks, service marks, and trade names, including but not limited to those listed below, are strictly prohibited unless approved in writing by the Corporation.
- NATIONAL BREAST CANCER FOUNDATION, INC.®
- HELP FOR TODAY….HOPE FOR TOMORROW®
- HELPING WOMEN NOW™
- Any other NBCF graphics, logos, designs, page headers, button icons, scripts, and service names
The works of authorship contained on the Website, including but not limited to all design, text, and images (the “Materials”), are owned or licensed by NBCF or its affiliates and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use, or otherwise used, in whole or in part, in any manner without our prior written consent. Unless permitted otherwise in writing, you may only access the Materials located within the Website for your personal use.
You understand that the Service and the Website are available for your personal, non-commercial use only. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contain libelous, defamatory, or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Website or for any other purpose. You further agree that you may not use the Service or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website. In addition, you agree not to use the Service or the Website to:
- upload, post, transmit, share, store, or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, sexually explicit, containing nudity or erotic content, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity, unless you are personally responsible for the account of the group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
- upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, transmit, share, store, or otherwise make publicly available on the Website any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- use or attempt to use another’s account, service, or system without authorization from NBCF, or create a false identity on the Service or the Website;
- upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of NBCF, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose NBCF or its Users to any harm or liability of any type.
User Content Posted on the Website
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, and other content that you upload, publish, or display (hereinafter, “post”) on or through the Service or the Website, including social media or other online platforms, or transmit to or share with other Users (collectively the “User Content”). You understand and agree that NBCF may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation User Content that in the sole judgment of NBCF violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. User Content shall include your name, picture, likeness, and voice.
By posting User Content to any part of the Website, including social media or other online platforms, you automatically grant, and you represent and warrant that you have the right to grant, to NBCF an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reproduce, reformat, translate, excerpt (in whole or in part), and distribute such User Content for any purpose on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, in any format or media (whether now known or hereafter created) throughout the world, such User Content, and to grant and authorize sublicenses of the foregoing. Once you have posted User Content to any part of the Website, including social media or other online platforms, you may not be able to remove it. By posting User Content on the Website, including social media or other online platforms, you represent to NBCF that you own or have the right to use and permit NBCF to use such User Content in the manner noted above. This shall include any pictures you post on the Website, including social media or other online platforms, that include individuals other than yourself or any videos you post that contain images, names, or voices of individuals other than yourself.
Mobile or Other Devices
Your carrier’s normal rates and fees, such as text messaging fees, will still apply. In the event you change or deactivate your mobile telephone number, you will update your account information on the Website within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
You understand and agree that the information and materials on the Website, whether originating from NBCF, from postings and other User Content, or from Third-Party Content, are provided “as is” for general information only and without warranties of any kind. Regardless of its source, the information and materials on the Website should not be considered medical advice, should not be used for self-diagnosis, and should not be relied upon as a substitute for regular consultations with qualified health professionals who are familiar with your individual medical history and needs. NBCF does not recommend you attempt to treat yourself, your family, or someone you know without proper medical supervision. Healthcare information changes rapidly and thus, the materials on the Website should not be relied upon to be fully comprehensive or error-free. NBCF does not recommend, endorse, or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, or efficacy of any of the procedures, programs, materials, products, postings, or other information provided on the Website.
You agree that you will not use the Service to seek medical advice or to give medical advice, and that any such use of the Service is a violation of these Terms of Service. To report a violation, contact us. You understand that any medical question you may have should be discussed immediately with a qualified health professional.
Personal and Third-Party Appeals Prohibited
You agree that you will not use the Service or the Website to solicit for, raise funds for, advertise or promote your own goods, services, causes, organizations, foundations, or charities (collectively, “Personal Appeals”), and you further agree that you will not use the Service or the Website to solicit for, raise funds for, advertise or promote the goods, services, causes, organizations, foundations, or charities of others (collectively, “Third-Party Appeals”) including, without limitation, other breast cancer-related organizations, foundations, or charities. You further agree you will not upload, post, embed, transmit, share, store, or otherwise make available any content on the Website that offers, promotes, links to, advertises, or in any way solicits donations or contributions, whether in cash, goods, or in kind, for you or for any fundraising activity, charity, or other type of personal, private, or public entity, foundation, or organization. You understand and agree that any content deemed by NBCF to constitute a Personal Appeal or Third-Party Appeal may be removed without notice, and you further agree that NBCF is not responsible for any loss or damage resulting from the removal of such content. Any suspected Personal Appeal or Third-Party Appeals should be reported by contacting us.
You understand and agree that it is impractical for NBCF to monitor all postings and other User Content on the Website to ensure that it does not contain unauthorized Personal Appeal or Third-Party Appeals. Therefore, you agree not to use the Service to respond to any Personal Appeal or Third-Party Appeals that may be contained in a posting or other User Content on the Website, and that using the Service to respond to such Personal Appeal or Third-Party Appeals is a violation of these Terms of Service. Further, NBCF strongly recommends that you do not respond by other means to any Personal Appeal or Third-Party Appeals posted on the Website. If you decide to respond to any posting or other User Content containing unauthorized personal or third-party solicitations, fundraising activity, advertising, or promotion, you do so at your own risk. NBCF is not responsible for any loss you may suffer as a result of responding to a Personal Appeal or Third-Party Appeal contained in a posting or other User Content on the Website, regardless of whether such response is made using the Service.
Intellectual Property Complaints
If you believe that any material on the Website infringes upon any copyright, trademark, or other right which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Braxton Perrone, PLLC, Attn: Bobby Braxton
Full Address of Designated Agent to Which Notification Should be Sent:
Braxton Perrone, PLLC
5 Cowboys Way Suite 300
Frisco, Texas 75034
To meet the notice requirements under the Digital Millennium Copyright Act (DMCA), the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, NBCF has adopted a policy of terminating, in appropriate circumstances and at NBCF’s sole discretion, members who are deemed to be repeat infringers. NBCF may also at its sole discretion limit access to the Website or terminate the rights of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Links to Other Websites and Content
The Website contains (or you may be sent through the Website or the Services) links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software, and other content belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability, or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
You are solely responsible for your interactions with other NBCF Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
NBCF uses industry-standard SSL (secure socket layer) technology to protect your information and provide a safe and secure environment for online donations. It will not sell, trade, or share your personal information with anyone else, nor send donor mailings on behalf of other organizations, and will only share personal information if you have given it specific written permission to do so.
A copy of National Breast Cancer Foundation’s (NBCF) financial statements may be obtained by contacting us at: 7460 Warren Pkwy, Suite 150, Frisco, TX 75034, 972-248-9200, or at https://www.nationalbreastcancer.org/.
NBCF was formed in the state of Texas for the purpose of Helping Women Now ®.
Florida: A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION FOR NBCF, (REGISTRATION NO. CH18657), MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING 800-435-7352 OR VISITING THEIR WEBSITE WWW.FRESHFROMFLORIDA.COM REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.
Georgia: A full and fair description of the programs and financial statement summary of NBCF is available upon request at the office and phone number indicated above.
Maryland: Documents and information submitted under the Maryland Solicitations Act are also available, for the cost of postage and copies, from the Secretary of State, State House, Annapolis, MD 21401 (410-974-5534).
Michigan: MICS No. 11272
Mississippi: The official registration and financial information of NBCF may be obtained from the Mississippi Secretary of State’s office by calling 888-236-6167. Registration by the Secretary of State does not imply endorsement.
New Jersey: INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING 973-504-6215 AND IS AVAILABLE ON THE INTERNET AT http://www.state.nj.us/lps/ca/charity/chardir.htm. REGISTRATION WITH THE ATTORNEY GENERAL DOES NOT IMPLY ENDORSEMENT.
New York: Upon request, a copy of the latest annual report can be obtained from the organization or from the Office of the Attorney General by writing to the Charities Bureau at 120 Broadway, New York, NY 10271.
North Carolina: Financial information about this organization and a copy of its license are available from the State Solicitation Licensing Branch at 888-830-4989 or 919-807-2214. The license is not an endorsement by the State.
Pennsylvania: The official registration and financial information of NBCF may be obtained from the Pennsylvania Department of State by calling 800-732-0999. Registration does not imply endorsement.
Virginia: Financial statements are available from the Department of Agriculture and Consumer Services, 102 Governor St., Richmond, VA 23218.
Washington: NBCF is registered with Washington State’s Charities Program as required by law and additional information is available by calling 800-332-4483 or visiting www.sos.wa.gov/charities, or on file at Charities Division, Office of the Secretary of State, State of Washington, Olympia, WA 98504.
West Virginia: Residents may obtain a summary of the registration and financial documents from: Secretary of State, State Capitol, Charleston, WV 25305.
CONTRIBUTIONS ARE DEDUCTIBLE FOR FEDERAL INCOME TAX PURPOSES IN ACCORDANCE WITH APPLICABLE LAW. REGISTRATION IN A STATE DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION OF NBCF BY THE STATE.
NBCF is not responsible or liable in any manner for any User Content or Third-Party Content posted on the Website or in connection with the Service, whether posted or caused by Users of the Website or by any of the equipment or programming associated with or utilized in the Website or the Service. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Website or in connection with any User Content or Third-Party Content. NBCF is not responsible for the conduct, whether online or offline, of any User of the Website or Service.
The Website and the Service may be temporarily unavailable from time to time for maintenance or other reasons. NBCF assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications or Site Content. NBCF is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web or in connection with the Service. Under no circumstances will NBCF be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Website or the Service, any User Content or Third-Party Content posted on or through the Website or the Service or transmitted to Users, or any interactions between Users of the Website, whether online or offline.
THE WEBSITE, THE SERVICE, AND THE WEBSITE CONTENT ARE PROVIDED “AS-IS” AND NBCF DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NBCF CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR THE SERVICE. NBCF DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THE WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
NBCF reserves the right to change any and all content contained in the Website and any Services offered through the Website at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by NBCF.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL NBCF OR ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICE OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE WEBSITE, EVEN IF NBCF IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NBCF’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NBCF FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL NBCF’S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO NBCF FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM NBCF, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law, Venue, and Jurisdiction
By visiting or using the Website or the Service, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and NBCF or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Texas.
YOU AND NBCF AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE SITE TERMS OF SERVICE, THE WEBSITE, OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE WEBSITE OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark, or trade secret rights, such other party may seek injunctive or other appropriate relief.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively, with the AAA, the “AAA Rules”). The location of the arbitration shall be limited to Dallas, Texas and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, NBCF will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Website or the Service (including your visit to or use of the Website or the Service) be instituted more than three (3) years after the cause of action arose.
You agree to indemnify and hold NBCF, its affiliates, and each of their directors, officers, agents, contractors, partners, employees, and volunteers (collectively, the “NBCF Releasees”) harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third-Party Content you post or share on or through the Website, your use of the Service, the Website, your conduct in connection with the Service or the Website or with other Users of the Service or the Website, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Website or the Service (“Submissions”), provided by you to NBCF are non-confidential and shall become the sole property of NBCF. NBCF shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
These Terms of Service constitute the entire agreement between you and NBCF regarding the use of the Website or the Service, superseding any prior agreements between you and NBCF relating to your use of the Website or the Service. The failure of NBCF to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Site Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Please contact us for more information.