Updated May 22, 2018
The National Breast Cancer Foundation service and community networks (collectively, “NBCF”, or “the Service”) are operated by the National Breast Cancer Foundation, Inc. and its corporate affiliates (collectively, “us”, “we”, “our” or “the Company”). By accessing or using our website at www.nationalbreastcancer.org, any sub domains or microsites including community.nationalbreastcancer.org and www.beyondtheshock.com, (collectively, “the Sites”), 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 (“Terms of Service” or “Agreement”), whether or not you are a registered member of NBCF. 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 Sites 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 Sites. It is your responsibility to regularly check the Sites to determine if there have been changes to these Terms of Service and to review such changes.
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.
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 Sites by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Service. By using the Service or the Sites, 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. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Sites and/or prohibit you from using or accessing the Service or the Sites (or any portion, aspect or feature of the Service or the Sites) 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 Data; Account Security
In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration or donation forms on the Sites (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Sites, 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 the Company 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 the Company’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 Sites. Provided that you are eligible for use of the Sites, you are granted a limited license to access and use the Sites and to download or print a copy of any portion of the Sites 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 Sites 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 Sites or the Sites Content other than as specifically authorized herein, without the prior written permission of the Company, 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.
NATIONAL BREAST CANCER FOUNDATION, INC.®, HELP FOR TODAY….HOPE FOR TOMORROW®, HELPING WOMEN NOW™, CELEBRITIES FOR THE CAUSE®, BEYOND THE SHOCK®, MAS ALLA DEL SHOCK®, PINK RIBBON CHALLENGE®, CASUAL UP FOR BREAST CANCER®, the Tree of Life Design, and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks and service marks, trademarks, service marks or trade dress of the Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
You understand that the Service and the Sites 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 Sites 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 Sites or for any other purpose. You further agree that you may not use the Service or the Sites in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Sites. In addition, you agree not to use the Service or the Sites 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 Sites 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 the Company, or create a false identity on the Service or the Sites;
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose the Company or its Users to any harm or liability of any type.
User Content Posted on the Sites
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 Sites, including social media or other online platforms with the use of #GamePink, or transmit to or share with other Users (collectively the “User Content”). You understand and agree that the Company 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 the Company 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 Sites, including social media or other online platforms with the use of #GamePink, you automatically grant, and you represent and warrant that you have the right to grant, to the Company 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 Sites 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 Sites, including social media or other online platforms with the use of #GamePink, you may not be able to remove it. By posting User Content on the Sites, including social media or other online platforms with the use of #GamePink, 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 Sites, including social media or other online platforms with the use of #GamePink, 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
The Company currently provides our mobile services for free, but please be aware that 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 Sites within 48 hours to ensure that your messages are not sent to the person who acquires your old number.Medical Disclaimer
You understand and agree that the information and materials on the Sites, whether originating from the Company, 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 Sites 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. The Company does not advocate that your attempt to treat yourself, your family or someone you know without proper medical supervision. Healthcare information changes rapidly and thus, the materials on the Sites should not be relied upon to be fully comprehensive or error free. The Company 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 Sites.
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 Sites 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 Sites 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 Sites 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 the Company to constitute a Personal Appeal or Third-Party Appeal may be removed without notice, and you further agree that the Company 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 the Company to monitor all postings and other User Content on the Sites 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 Sites, and that using the Service to respond to such Personal Appeal or Third-Party Appeals is a violation of these Terms of Service. Further, the Company strongly recommends that you do not respond by other means to any Personal Appeal or Third-Party Appeals posted on the Sites. 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. The Company 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 Sites, regardless of whether such response is made using the Service.
Intellectual Property Complaints
If you believe that any material on the Sites 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:
Munck Wilson Mandala, LLP., Attn: John Arnott
Full Address of Designated Agent to Which Notification Should be Sent:
Munck Wilson Mandala, LLP.
12770 Coit Road, Suite 600
Dallas, Texas 75251
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, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Sites and/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 Sites contains (or you may be sent through the Sites 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 Sites or any Third Party Content posted on the Sites, 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 Sites 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 Sites.
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.
The Company 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: 2600 Network Blvd Suite 300, Frisco, TX 75034. 972-248-9200 or at www.nbcf.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.
The Company is not responsible or liable in any manner for any User Content or Third Party Content posted on the Sites or in connection with the Service, whether posted or caused by Users of the Sites or by any of the equipment or programming associated with or utilized in the Sites 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 Sites and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Sites or in connection with any User Content or Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Sites or Service.
The Sites and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company 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. The Company 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 and/or in connection with the Service. Under no circumstances will the Company 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 Sites or the Service, any User Content or Third Party Content posted on or through the Sites or the Service or transmitted to Users, or any interactions between Users of the Sites, whether online or offline.
THE SITES, THE SERVICE AND THE SITES CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY 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. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITES AND/OR THE SERVICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITES OR ITS SERVERS 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.
The Company reserves the right to change any and all content contained in the Sites and any Services offered through the Sites 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 the Company.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES 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 SITES OR THE SERVICE OR ANY OF THE SITES CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’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 THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY 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 THE COMPANY, 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 Sites and/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 the Company 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 THE COMPANY 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 SITES AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITES AND/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, the Company 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 Sites and/or the Service (including your visit to or use of the Sites and/or the Service) be instituted more than three (3) years after the cause of action arose.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, 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 Sites, your use of the Service, the Sites, your conduct in connection with the Service or the Sites or with other Users of the Service or the Sites, 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 Sites or the Service (“Submissions”), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company 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 the Company regarding the use of the Sites and/or the Service, superseding any prior agreements between you and the Company relating to your use of the Sites or the Service. The failure of the Company 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.