Terms of Use

Last Revised: September 17, 20214 

PLEASE READ THESE TERMS OF USE TOGETHER WITH ANY DOCUMENTS THEY EXPRESSLY INCORPORATE BY REFERENCE (COLLECTIVELY, THE “TERMS”) CAREFULLY BEFORE USING THIS SITE. These Terms apply to the Foundation for Women’s Cancer (“FWC”) website (www.foundationforwomenscancer.org), the Move4Her website (www.move4her.org), or any website operated by FWC (the “FWC Websites”), and the user (“user” or “you”) of any content, functionality, and services offered on or through the websites and/or services that reference these Terms (collectively, the “Services”). By using the Services in any manner or by registering or by logging in to the Services, you are stating that you agree to be bound by and adhere to these Terms. 

You must be at least 18 years old to have our permission to use the Services. By using the Services, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Services. We do not knowingly collect, use, or disclose personally identifiable information about visitors under 18 years of age. For details on how FWC protects the privacy of personally identifiable information and health information gathered by or through our Services and Services, please see the FWC Privacy Policy found at www.foundationforwomenscancer.org/privacy-policy, incorporated herein by reference. 

Medical Disclaimer – FWC is Not a Health Care Provider
Medical Emergencies: Call 911 if you think you may have a medical emergency. DO NOT USE THIS WEBSITE FOR MEDICAL EMERGENCIES. 

Any text, graphics, logos, taglines, photos, videos, and other information provided with the Services (“FWC Content”) is provided for general informational purposes only, and is not intended as a substitute for individualized professional medical advice, diagnosis, or treatment. Never rely on FWC Content in place of seeking professional medical advice. 

Changes to the Terms of Use
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. 

Your continued use of the Services following the posting of any revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes to the Terms, as they are binding on you. 

Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services and any offering or material we provide on the Services in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to the Services or some parts of the Services. 

You are responsible for both: 

• Making all arrangements necessary for you to have access to the Services. 

• Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them. 

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register on the Services or otherwise, including, but not limited to, through the use of any interactive features on the FWC Websites, is governed by the FWC Privacy Policy, and you consent to all actions we take with respect to your information consistent with our privacy policy. 

User Contributions
The Services may also include photo galleries, e-mail services, discussion boards, chat services, personal stories, forums, personal or enhanced web pages, event calendars, and other additional services (“Enhanced Services”). You are fully responsible for all content, including but not limited to registration data, photos, videos, comments, text, documents, and other information that you upload, enter, or post using the Services (“User Submissions”). You agree that you will not upload any User Submission that infringes or violates any rights of any party or that compromises the privacy of any person or patient. In particular, you are specifically prohibited from posting or transmitting to or from the Services (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy, or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates, or violates any copyright, trademark, patent right, or other proprietary rights of any third party. You further agree that you will not use any of the Enhanced Services to: 

• Conduct or post personally identifiable information on any person or patient; 

• Upload any files containing programs, scripts, or other software of any type; or 

• Collect or attempt to collect information about other users of the Services, including but not limited to e-mail addresses, fax numbers, and mailing addresses, unless you are retrieving the information for the purposes of your personal medical consultation or services. 

You shall be solely liable for any damages resulting from any violation of the foregoing restrictions or any other harm resulting from your posting of content to the Services. 

By providing any User Submission, you agree that it is non-confidential for all purposes and is nonproprietary. You hereby grant FWC an irrevocable, worldwide, royalty-free, perpetual, transferrable, and fully sublicensable right and license to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform any and all such User Submissions throughout the world in any media, now known or hereafter devised, and (b) use the name that you submit in connection with such User Submission. You expressly waive any and all “moral rights” (including rights of attribution or integrity) that may exist in your User Submissions and agree that you have no objection to the publication, use, modification, deletion, or exploitation of your User Submissions by FWC, or any FWC partners or licensees. You acknowledge that FWC may exercise its rights (e.g., use, publish, delete) to any content you submit without notice to you. FWC has no obligation to post your comments and reserves the right in FWC’s sole and absolute discretion to determine which comments are published as part of the Services. You acknowledge that FWC may choose to provide attribution of your comments or reviews at its discretion, and that such User Submissions may be shared with FWC’s affiliates, partners, supplier partners, or licensees. You further grant FWC the right to pursue at law any person or entity that violates your or FWC’s rights by a breach of these Terms. If you do not agree to these Terms, please do not provide us with any User Submissions. 

The contributions of third parties do not necessarily represent the views or opinions of FWC. FWC cannot preview User Submissions before they appear. 

FWC’s policies, with respect to claims by third parties that the Services, including any User Submission, infringes the copyrights owned by such third party, can be found in the Digital Millennium Copyright Act section below. 

You agree to indemnify, defend, and hold harmless FWC, its affiliated companies, business partners, licensors, employees, agents, and any third-party information providers to the Services from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the FWC Websites, the Services or FWC Content, or any violation by you of the Terms. 

On-Line Donations
We welcome your generous donations, which can be made both through websites like the Move4Her website (www.move4her.org) and offline. Please note that any fees associated with donations are subject to change without prior notice. To donate, you must be at least 18 years old and legally capable of entering into these Terms. It’s important that the information you provide, including payment details like credit or debit card information, is accurate and valid. We may verify your payment information before processing your donation. Donations online can be made using various payment methods indicated on the FWC Websites (such as VISA, Mastercard, PayPal, etc.), and by using these methods, you confirm that you have the legal authority to agree to these Terms. Your payment card or account will be billed at the time of your donation or shortly afterward. You accept responsibility for all charges incurred on the Services and authorize the FWC to charge the provided payment card for any fees, costs, or online donations. 

International Use
FWC makes no representation that materials, products, or services on the Services or any related website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.  

You may be able to access provider information from the Services. However, although FWC has obtained the information provided on the Services concerning physicians (including specialty, credentials, and training) from sources believed to be reliable and accurate, FWC makes no guarantee or warranty as to the accuracy, timeliness, or completeness of that information. 

Intellectual Property Rights
Unless otherwise specified, your use of the Services is for your personal, noncommercial use. You may not copy, reproduce, publish, distribute, sell, create derivative works from, transfer, retransmit, stream, or sell FWC Content without the express written consent of FWC. FWC authorizes you to view and download a single copy of FWC Content that is of interest to you for personal, noncommercial use. You must acknowledge FWC as the source and owner of any FWC Content you download and subsequently share with another individual through any means. You may not download FWC Content for use on any other website or internet accessible service without the express written consent of FWC. You may not collect, download, or attempt to collect or download e-mail addresses, contact information, photos, or other information through the use of bots, spiders, crawlers, or other automated technology or programs for any purpose. You may download a reasonable number of items for your personal, noncommercial use, but you may not attempt to download large numbers of items for the purpose of obtaining all of or a large portion of our e-mail addresses, contacts, or photos.  

The Services and FWC Content, including but not limited to white papers, press releases, and procedure descriptions, are protected by U.S. and/or foreign copyright laws and belong to FWC or its partners, affiliates, contributors, or third parties. The copyrights in FWC Content are owned by FWC or other copyright owners who have authorized their use of the Services. You may download and reprint FWC Content for non-commercial, non-public, personal use only. If you are browsing this site as an employee or member of any business or organization, you may download and reprint FWC Content only for educational or other noncommercial purposes within your business or organization, except as otherwise permitted by FWC. You may not manipulate or alter in any way images or other FWC Content on the Services. 

You agree not to copy, distribute, imitate, retransmit, or stream any technical, design, or layout elements of this website or any other website owned, licensed, operated, or controlled by FWC. 

Certain content on the Services may qualify for trademark and/or servicemark protection under federal and/or common law. You acknowledge that FWC, its partners, affiliates, contributors, or third parties own all right, title, and interest in and to any such trademarks and/or servicemarks. You are prohibited from using any of the marks or logos appearing throughout the Services without permission from the trademark, servicemark, or tradedress owner, except as permitted by applicable law.   

If the Services require you to provide personal information, you agree to provide us with current, accurate, and complete information. You are responsible for choosing and protecting your username and password and for all activities that occur using such username and password, and you agree not to share your username and password. You agree to notify FWC immediately if you believe your username or password has been compromised or used without your authorization. You may not use another person’s username and password without the permission of its owner. 

Use of FWC Logos and Marks
All requests to use FWC marks or logos for noncommercial events, including unsolicited fundraisers, must be submitted to info@foundationforwomenscancer.org and approved in advance by FWC, in its sole discretion. Approved requests will be required to adhere to any guidelines for logo usage and such other terms and conditions as FWC may determine are appropriate based upon the intended use, in FWC’s sole discretion. Failure to abide by such terms shall be deemed to be a violation of these Terms, in addition to such other rights and remedies FWC may have, whether in equity or at law.  

Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services: 

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 

• To transmit or procure the sending of any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. 

• To impersonate or attempt to impersonate FWC, an FWC employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing). 

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or which, as determined by us, may harm FWC or users of the Services or expose them to liability. 

Additionally, you agree not to: 

• Use the Services in any manner that could disable, overburden, damage, or impair the FWC Websites or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services. 

• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services. 

• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent. 

• Use any device, software, or routine that interferes with the proper working of the Services. 

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services. 

• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack. 

• Otherwise attempt to interfere with the proper working of the Services. 

You agree that FWC has no obligation to monitor the Services but may do so at its sole discretion and may review User Submissions that have been posted to the Services and that FWC, if it finds that content to be unacceptable for posting for any reason, reserves the right to delete the User Submissions without any notice or obligation to you. You agree that FWC reserves the right to limit your access to any or all the Services at any time without notice for any reason. 

Third-Party Links
The Services may provide links to other sites or services not owned, operated, or controlled by FWC. By using any such link, you are stating that you understand that FWC is not responsible for the content or services of any such linked site or service, that the appearance of such a link does not imply any endorsement by FWC, and that these links are provided to you only as a convenience. In addition, any advice, opinions, or recommendations provided by the linked site providers are those of the providers and not of FWC. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the linked site provider. 

Disclaimers
FWC makes no express or implied warranties, representations, or endorsements whatsoever with respect to the FWC Websites, the Services, or FWC Content. FWC expressly disclaims all warranties of any kind, express, implied, statutory, or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement, with regard to the FWC Websites, the Services, FWC Content, and any product or service furnished or to be furnished via the FWC Websites. FWC does not warrant that the functions performed by the FWC Websites or the Services will be uninterrupted, timely, secure, or error-free, or that defects in the FWC Websites or the Services will be corrected. FWC does not warrant the accuracy or completeness of FWC Content, or that any errors in FWC Content will be corrected. The FWC Websites, the Services, and FWC Content are provided on an “as-is” and “as-available” basis. 

In no event will FWC be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary, or other indirect damages arising out of (i) the use of or inability to use the FWC Websites, the Services, or FWC Content; (ii) any transaction conducted through or facilitated by the FWC Websites; (iii) any claim attributable to errors, omissions, or other inaccuracies in the FWC Websites, the Services, and/or FWC Content; (iv) unauthorized access to or alteration of your transmissions or data; or (v) any other matter relating to the FWC Websites, the Services, or FWC Content, even if FWC has been advised of the possibility of such damages. If you are dissatisfied with the FWC Websites, the Services, FWC Content, or with these Terms, your sole and exclusive remedy is to discontinue using the Services. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

Indemnity
You agree to indemnify FWC from and against any and all liabilities, expenses (including, without limitation, attorneys’ fees), and damages arising out of claims based upon your use of the Services, including, without limitation, any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other users, and infringement of intellectual property or other rights. FWC will notify you promptly of any claim for which FWC seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to FWC’s interests, as reasonably determined by FWC. 

Digital Millennium Copyright Act (“DMCA”)
FWC respects the intellectual property of others, and we ask our users and visitors to do the same. In accordance with the DMCA and other applicable law, FWC has adopted a policy of terminating, in appropriate circumstances and at FWC’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. FWC may also, at its sole discretion, limit access to the site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice. 

Pursuant to Title 17, United States Code, section 512(c)(2), notifications of claimed copyright infringement should be sent to the site’s designated agent (see below). ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. FWC will process and investigate notices (each, a “Notice”) of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, FWC will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. 

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FWC with the following information in your Notice (to be effective, the notification must include ALL of the following): 

1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; 
2. A description of the copyrighted work that you claim has been infringed; 
3. A description of where the material that you claim is infringing is located on the FWC Websites; 
4. Your address, telephone number, and e-mail address and all other information reasonably sufficient to permit FWC to contact you; 
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Notices of claimed copyright infringement should be directed to FWC’s designated agent: 

By mail:
Attention: Chief Executive Officer
Foundation for Women’s Cancer
620 N. LaSalle Drive
Chicago, IL 60654 

By email:
info@foundationforwomenscancer.org 

THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING FWC THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. 

Governing Law
This Agreement is governed by the laws of the State of Illinois, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. 

No Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FWC as a result of these Terms or use of FWC Websites, including, without limitation, the Services. 

Construction
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect. 

Entire Agreement
Unless otherwise specified herein, these Terms constitute the entire agreement between you and FWC with respect to the Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and FWC with respect to FWC Websites, including without limitation to the Services. 

Notices
Notices given by FWC to you will be given by a general posting on the FWC Websites or by e-mail if an e-mail address is available. Notices to FWC must be sent by conventional mail to:  

Attention: Chief Executive Officer
Foundation for Women’s Cancer
620 N. LaSalle Drive
Chicago, IL 60654 

Assignment
FWC may assign these Terms, in whole or part, in its sole discretion. You agree not to assign, transfer, or sublicense your rights in these Terms. 

Modification of Terms
FWC reserves the right to modify these Terms at any time without giving you prior notice. Your use of the Services following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth above.