Terms of Use
Last Modified: [September 13, 2013]
PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.
Mary Crowley Medical Research Center d/b/a Mary Crowley Cancer Research Centers (“Mary Crowley”) created this site to share information on expanding treatment options for all cancer patients through investigational vaccine, gene and cellular therapies. These terms of use (these “Terms of Use”) govern your access to and use of www.marycrowley.org (the “Site”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Site. If you use the Site in any manner whatsoever, you will be deemed to have accepted the Terms of Use.
1. Changes
Mary Crowley may, at any time, for any reason and without notice, make changes to these Terms of Use. Any modifications will take effect when posted to the Site. Therefore, each time you access the Site, you should note the date the Terms of Use were last modified. If you do not or cannot agree to the amended terms, your only option is to cease all use and access of the Site.
2. Local Compliance
Mary Crowley makes no representation that the content on the Site is appropriate or that its products or services are available outside of the United States or that it complies with your local law. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.
“Site Content” means all text, images, graphics, photographs, video clips, designs, icons, sounds, information, data, software, opinions, advice, comments, business information, ideas, concepts, inventions, and other materials that are displayed, used, or otherwise incorporated into the Site.
3. License to Use
Mary Crowley grants you a limited, non-exclusive, non-transferable license to view and use the Site Content for your personal, informational, non-commercial use.
You may not:
(i) remove any trademarks, copyright notices, patent notices, or any other notice contained in any Site Content;
(ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works based upon, publicly display or perform, or in any way exploit any Site Content without Mary Crowley’s prior written consent;
(iii) frame or utilize framing techniques to enclose any Site Content without Mary Crowley’s prior written consent;
(iv) disassemble, decompile or reverse engineer any of the Site Content;
(v) attempt to hack any portion of the Site, or to defeat or overcome any encryption technology or security measures implemented by Mary Crowley;
(vi) interfere with or disrupt the operation of the Site or the servers or networks connected to, or operated in connection with, the Site; or
(vii) violate any applicable local, state, national or international law.
4. Intellectual Property
All Site Content is owned by Mary Crowley and various third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Site Content without the written permission of Mary Crowley or such other party that may own the Site Content. All trademarks on the Site, including the Mary Crowley logo, are owned exclusively by Mary Crowley, unless otherwise noted. No license or grant of any rights, express or implied, are granted in or to Mary Crowley trademarks.
5. Links
For your convenience, Mary Crowley may provide links to various other websites that may be of interest to you. However, Mary Crowley does not control or endorse such websites and is not responsible for their content, nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites.
6. Donations
Donations offered through the Site are subject to Mary Crowley’s Gift Acceptance Policy. Donation payment must be made by credit card or other payment method, in accordance with the terms of the credit card or payment method agreement. [Does Mary Crowley have a Gift Acceptance Policy? (hopefully!) We should reference it here.]
7. No Warranties
YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MARY CROWLEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES OF SECURITY OR THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE . ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON ANY SUCH MATERIAL.
8. Governing Law, Forum
These Terms of Use shall be governed in all respects by the laws of the State of Texas, without reference to its choice of law rules. Any lawsuit concerning these Terms of Use or the Site shall be brought only in the courts located in Dallas, Texas, and you expressly consent to the personal jurisdiction and venue of such courts, and waive all objections thereto.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARY CROWLEY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MARY CROWLEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
10. Indemnity
You agree to defend, indemnify, and hold Mary Crowley, its past, present, and future officers, directors, employees, agents, licensors, licensees, marketing partners, and suppliers, together with their respective officers, directors, employees, and agents, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use. Without limiting the foregoing, you agree to indemnify, defend, and hold Mary Crowley harmless from any costs or expenses that Mary Crowley may sustain, as a result of the privacy, data transfer, and data protection laws of the United States or any other country, with respect to any Site Content. [is there a reason you had only portions of this capped?]
11. Assignability; Severability; Waiver
Mary Crowley may assign these Terms of Use and its rights and obligations hereunder to an affiliated entity or, in the event of a merger or acquisition of Mary Crowley or the sale of substantially all of Mary Crowley’s assets related to the Site, to the surviving or successor entity. You may not assign these Terms of Use or the rights and obligations hereunder without the prior written consent of Mary Crowley. If any provision of these Terms of Use shall be determined to be void or unenforceable in whole or in part, the remaining provisions of these Terms of Use shall not be affected thereby and shall remain in force and effect. Failure of Mary Crowley to enforce any provisions of these Terms of Use shall not be deemed a waiver of any rights of Mary Crowley in that or any other instance.
12. How to Contact Us
If you would like to request additional information regarding these Terms of Use, or have questions regarding the same, please contact us at privacy@marycrowley.org.