Terms of Use
Last Modified: November 11, 2024
This document sets forth the Terms of Use (“Terms of Use”), describing the terms and conditions under which you may access and use the Susan G. Komen website (www.Komen.org) (“Website”) and any media, software, programs, applications, products, services, and content, that we expressly adopt or make available (collectively, our “Services”). These Terms of Use constitute a legal binding agreement between Susan G. Komen (“Komen” or “our” or “we” or “us”) and you.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION AGREEMENT BELOW. YOU AND KOMEN AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, INCLUDING WAIVER OF ANY RIGHT TO A TRIAL BY JURY, AND THAT YOU AND KOMEN WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION AGREEMENT. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST KOMEN ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 15 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
3. Eligibility to use our services
7. Intellectual Property; Licenses
9. Acceptable Use Policy for Services
13. Links to Third-Party Websites
14. Events and Donation Alerts
20. Severability of Terms of Use
22. Exclusive Jurisdiction and Place of Venue
23. Non-Waiver of Rights and Provisions of these Terms of Use
1. Acceptance
This Website and our Services may contain various information relating to Komen in the form of text, graphics, data, and other materials (“Content”). You acknowledge and agree that you have read, understood, and agree to be legally bound, where permitted by law, by these Terms of Use, including our Privacy Policy, incorporated by reference into these Terms of Use, by accessing, browsing, downloading or otherwise using or interacting with our Services. If you do not agree with these Terms of Use, you should not access, browse or otherwise use this Website or any of the Services.
You also agree to comply with all applicable local laws, regulations, and rules regarding online conduct and exportable Content including those of the United States and the country in which you reside. If you are using the Services on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms of Use even if we have separate agreements with you.
Please read these Terms of Use carefully before you start to use our Services. Our Services are all offered by Komen to you on the express condition that you accept, without modification, and abide by these Terms of Use.
2. Mission
Komen is committed to saving lives in our efforts to end breast cancer forever by empowering people, ensuring quality care for all, and energizing science to find the cures. Our Services are designed and all uses of our Services are intended to be in furtherance of our Mission.
3. Eligibility to use our services
- You must be at least 18 years of age to use our Services and our Services are not intended for individuals under the age of 18.
- You may only use this Website or Services for your personal, non-commercial use.
- You may not use the Website or Services if we have banned you from the Website.
By using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Services.
4. Modification
Komen reserves the right to make changes to these Terms of Use at any time at its sole discretion by posting an updated version on the Website. Komen will post any changes to our Services on these Terms of Use, and changes are effective immediately upon posting. You are responsible for periodically reviewing these Terms of Use for updates and amendments. Your continued use of our Services constitutes acceptance of these Terms of Use and is subject to the most current version of these Terms of Use, which will be effective immediately upon posting. No amendments or modifications to these Terms of Use proposed by you will be binding on Komen unless you have obtained the prior written consent of Komen.
5. Health Content
The materials provided with our Services are not meant to be used for self-diagnosis or to replace the services of a medical professional. While Komen endeavors to keep the materials on our Services current, healthcare information changes rapidly and thus, the materials on our Services should not be relied upon to be fully comprehensive or error free. Komen does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the programs, materials, products or other information provided on our Services or by the companies or organizations linked or referred to in our Services. The information is not intended to replace the services of a medical professional. Komen does not advocate that you attempt to treat yourself, your family or someone you know. Komen encourages you to seek the guidance of a healthcare provider if you feel that you, your family or someone that you know has a condition described in our Services.
6. Ownership
The Services, including all Content appearing on this Website, are our copyrighted, patented or trademarked property or the copyrighted, patented or trademarked property of our licensors, and all copyrights, trademarks, service marks, trade names, trade dress, patents and other intellectual property rights in the Services are owned by us or our licensors (who may be third-party beneficiaries of these Terms of Use) and protected by the copyright, trademark, patent and other laws of the United States and international treaties.
You must not copy, reproduce, publicly display, republish, download, store, create derivative works of, publicly perform, or transmit any of the material available through our Services, except as follows:
- You may display, view, use, and play content from our Services on a computer, mobile or other internet enabled or permitted device as it is displayed to you;
- You may store files that are automatically cached by your web browser for display enhancement purposes;
- You may print or download copies of our Services’ content for your own personal, non-commercial use; provided that (i) the copies of the content must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to Komen and provide a reference to Komen’s main site www.Komen.org, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is Komen’s material;
- You may share printed copies of our Services’ content with others, provided that you agree to advise any person or business entity with whom you share the materials as to these Terms of Use and they must agree to abide by these Terms of Use;
- If our Services include a “send to friend”, social media sharing, or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes a message or other content, or to post our content to third party services or your own site or online service, and that tool is operational, you may use the tool to do so; provided, however, that you do not do so in a manner that violates applicable law or third party rights and only to recipients you have permission to contact; and
- If we provide third party plugins or social media features with certain content, you may take such actions as are enabled by such features.
Failure to abide by these conditions will immediately terminate this permission and may result in the violation of applicable intellectual property and unfair competition laws.
You shall not modify copies of any materials from our Services, other than as expressly permitted by these Terms of Use, our Services, or expressly authorized by Komen; use any illustrations, photographs, video, code, or audio sequences, or any graphics separately from the accompanying text; or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Services. If you use or access our Services in any part in violation of these Terms of Use, your right to use our Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. We retain all rights not expressly granted, and nothing in these Terms of Use constitutes a waiver of any rights under intellectual property or unfair competition laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms of Use should be construed as conferring by implication, estoppel, industry custom, or otherwise, any license or right. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY Komen AND ITS LICENSORS AND OTHER THIRD PARTIES.
7. Intellectual Property; Licenses
You retain ownership of any of your intellectual property rights in content that you share on the Services. By submitting any content to Komen, including application materials, you grant Komen a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such content, in whole or in part, in all media formats and channels now known or hereafter devised, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of content does not establish any relationship of trust and confidence between you and Komen, and that you have no expectation of compensation whatsoever. You represent and warrant that your content conforms to these Terms of Use and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the content, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your content in all manners contemplated by these Terms of Use; and you agree to indemnify and hold Komen harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your content resulting from your breach of these Terms of Use. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.
8. Website Functionality
- Payments made for purpose of donations to Komen
Komen is a 501(c)(3) organization headquartered in Texas with the EIN number 75-1835298. Komen receives donations on the Website as well as offline. Fees associated with such donations may change without notice. By making a donation you acknowledge that you are at least eighteen years of age, legally competent, and agree to all other provisions of these Terms of Use. You also agree that all details you provide to us for the purposes of making such a donation will be accurate, correct, including ownership and validity of any payment method such as a credit or debit card. Komen may validate your payment details before processing your donation. In order to make donations online using the payment method displayed on the Website (e.g., VISA, Mastercard, PayPal, etc.), you must be 18 years of age or over. By using the Websites’ payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Website, including, without limitation, instructing Komen or its authorized vendors to collect any payments from a payment card, and to use the Website in accordance with these Terms of Use. The billing to your payment card or to your account occurs at the time of purchase or donation to the Website or shortly thereafter. You agree that you are responsible for all charges incurred by your use and purchases on the Website and you expressly authorize Komen to charge the payment card provided by you or listed on your account for any outstanding fees or costs due to Komen or any donations submitted online via the Website. You agree that you will not hold Komen responsible for any banking charges incurred due to payments made on your account. You further agree that all donations are non-refundable. - Payments made for purpose of purchase of a good or Service
In the course of making a purchase of merchandise, other goods or Services on the Website, a third-party payment provider may receive and implement your credit card information from your credit card issuer. Our obligation to provide the goods or Services arises when we take receipt of your purchase of Services from the third-party payment provider. You agree that you will not hold Komen responsible for any banking charges incurred due to payments made on your account. You further agree that all purchases are non-refundable, and we may change the fees or charges (and add new ones) in relation to any of the goods or Services at any time at our discretion. - Account Set Up
Komen allows eligible users, as defined herein, to browse its public pages free of charge. However, access to the Services and certain features requires you to establish and activate an account. You may sign up and set up an account by accessing our Services and following the directions for registration.
Komen reserves the right to decline to activate an account for any reason. If your account is activated, you will receive a notification email shortly after you register and you must confirm your email address and acceptance of these Terms of Use by clicking on the confirmation link in the notification email. Once your account is activated and you have confirmed acceptance of these Terms of Use, you will be permitted to log in, view, load, post, and use the Services and the specific features of each Komen public forum or service for which you have been registered. By confirming your account registration and acceptance of these Terms of Use, you acknowledge that you have read these Terms of Use, understand your rights and obligations, and agree to be bound by these Terms of Use. You acknowledge that certain Services may be provided subject to additional terms and conditions and you agree that you will abide by such additional terms and conditions applicable to those Services.
- Password Protection
You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against the unauthorized use of your password. You also are responsible for all activities that occur under your account made by you or others. You will immediately notify Komen if you have any reason to believe that another person has obtained or has the means to obtain your username and password and has accessed or used your account without authorization, or you suspect any other breach of security; however, you will remain responsible for any unauthorized use thereafter. You agree that you will not reveal your username and password to any other person, or take actions that would cause your user name and password to be revealed to any person, whether intentional or not. You will be permitted to access only those portions of our Services for which you have been granted permission to use by Komen.
We may notify you and require that you reset your password or if needed, deactivate your account, in case we learn that your password has been used by another person without authorization.
- Message Boards & Other Public Forums
As part of your account, you may participate in creating a profile and posting on certain message boards, blogs, chatrooms, instant messaging and other public forums. Your participation is voluntary; however, by choosing to post or send a message or blog or otherwise participate in any public forum, you acknowledge and agree that any information or content provided by you may be viewed by the general public and will not be treated as private or confidential.
Komen reserves the right to edit or abridge content for any reason and to edit, refuse to post or remove any content submitted by you or others, including content that we believe is offensive, obscene, lewd, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce these Terms of Use, the Privacy Policy, any applicable or additional terms, and our applicable rights or those of applicable third parties. Komen cannot and does not guarantee that it will post all content submitted or that such content will not be offensive, defamatory, or objectionable. Although Komen reserves the right to remove any posting without notice, Komen has no obligation to delete content that you personally may find objectionable or offensive. Komen does not control in real time the information posted via Komen public forum or the Services and as such does not guarantee the accuracy, integrity or quality of such information. In addition to other disclaimers found in these Terms of Use, Komen does not endorse or make any warranties or representations with regard to the accuracy, completeness or timeliness or any content posted on any Komen public forum or the Services.
- Personal Home Page
While accessing or using our Services, you may be provided access to website development tools and/or the use of a fundraising web space that can be personalized with your own content or otherwise to create a personal webpage ( “Personal Home Page”). Your Personal Home Page may have several features such as my story page, a slide show (up to 10 photos with captions), a link to donate to “my Komen event”, a link to testimonials or comments that can be edited only by you), donation goal (optional), personal URL at Komen.org (or such other sub-domain or URL as may be designated by Komen), guest book, email address book and other features that may be made available at Komen’s sole discretion. In addition to these Terms of Use, your use of the Personal Home Page and related Services may require your agreement and compliance with additional terms at the time that you register for a Personal Home Page. Prior to registering for a Personal Home Page, you will be required to agree to these Terms of Use and any additional terms. - MyKomenHealth Account
As part of your secure account, you may access patient care services or programs provided by Komen, explore resources, manage your breast health, upload and store your medical records, connect with resources and care providers, keep track of appointments and medication, or learn how to participate in research. Other features may be made available or removed at Komen’s sole discretion. In addition to these Terms of Use, your use of MyKomenHealth and related Services may require your agreement and compliance with additional terms at the time that you register. Prior to registering, you will be required to agree to these Terms of Use, Komen’s Privacy Policy, and any additional applicable terms. - Posted or Shared Content
You may post or share messages, text, photos, testimonials or other content (including, without limitation, information that you provide about survivorship status) on our Services via the public forums, your Personal Home Page or any page on our Services that specifically provides that the content may be used in a public manner.
Except as otherwise described in our Privacy Policy, you agree that any such content submitted to Komen will be treated as non-confidential and non-proprietary and will not be returned, and you hereby grant Komen and licensees the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), incorporate, distribute, publicly display, publicly perform, publish, transmit, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral or privacy rights that you may have in any such content posted or shared by you. By posting or sharing such content, you represent to Komen that you own or have the right to use and permit Komen to use such content in the manner stated above. By way of example and not limitation, if you post a photograph of yourself with others, you represent and warrant that you have obtained permission or a release from the other people appearing in the photograph to use their image on your Personal Home Page, and you represent and warrant that you are the owner or licensee of the copyright in the photograph. You agree not to post or share any information relating to or photographs or text that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you obtain permission to do so from that person before posting or sharing. If you identify yourself by name or provide a picture or audio or video recording of yourself, you grant to Komen and its licensees (without compensation to you or others) the unconditional, perpetual, irrevocable right to use and exploit your name, voice, persona, and likeness in connection with any of your content, without any obligation or remuneration to you. Komen reserves the right to refuse to post or share content, remove content, or disable your account due to: (i) the high-risk nature of a proposed fundraising activity (e.g. bungee jumping, parachuting, hand gliding, cliff diving); (ii) the potentially negative impact on Komen’s public image due to a proposed fundraising activity or posted or shared content; or (iii) any other reasonable factor as determined by Komen in its sole discretion.
- Availability of Service
Komen reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party’s information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on Komen’s servers on your behalf. Komen can discontinue, delete, or deactivate your Personal Home Page or any other Service at any time without notice. Without limiting the foregoing, you agree that Komen shall have no responsibility or liability for uptime of the personal pages, or the deletion or failure to deliver or store your Personal Home Page or any other public forum, or any information, pictures, content or email provided by or stored by you on your Personal Homepage or any other public forum, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of Komen. You acknowledge that Komen reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Komen shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services. - Privacy of Patient Information
The Health Insurance Portability and Accountability Act (“HIPAA”) may regulate and limit the use and disclosure of your private health information by certain healthcare institutions. However, you should know that the HIPAA regulations apply to information gathered in the treatment of patients and not to information gathered by or through our Services. We may request health information about you such as your relationship to breast cancer or other cancers, if applicable, your type of breast cancer or other cancers, date of diagnosis, stage, or current treatment as part of the Services. For details on how Komen protects the privacy of personally identifiable information and health information gathered by or through our Services and Services, please see our Privacy Policy. - Shopping Cart Purchases & On-Line Donations
In order to purchase products from our Services’ store or make donations online, you must submit the necessary contact and payment information, including, without limitation, your name, address, payment card information and email address. You are responsible for the accuracy of the contact information and, if applicable, payment information in your account(s) supplied by you to Komen. By providing such information to Komen by any means (e.g., email, fax, telephone, mail, etc.), you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information to Komen for use in processing your orders or receiving your donations. In order to purchase the products or make donations online using the payment method displayed on our Services (e.g., VISA, Mastercard, PayPal, etc.), you must be 18 years of age or over. By using our Services’ payment method, you confirm that you possess the legal authority to enter into the conditions of use for our Services, including, without limitation, instructing Komen or its authorized vendors to collect any payments from a payment card, and to use our Services in accordance with these Terms of Use. The billing to your payment card or to your account occurs at the time of purchase or donation to our Services or shortly thereafter. All sales of merchandise purchased from Komen on our Services are subject to Komen’s standard sales terms and conditions, which contain certain warranty and liability limitations. All returns and exchanges of merchandise purchased from Komen on our Services are subject to Komen’s standard return and exchange terms and conditions. Komen will charge tax in states where such purchases are taxable and your invoice will include both the purchase price and sales tax based on the bill-to address for you for your payment card at the sales tax rates then in effect at the time of purchase. You agree that you are responsible for all charges incurred by your use and purchases on our Services and you expressly authorize Komen to charge the payment card provided by you or listed on your account for any outstanding fees or costs due to Komen or any donations submitted online via our Services.
9. Acceptable Use Policy for Services
You will not, and will not allow or authorize others to, use the Services or our Services to take any actions that: (i) infringe on any third party’s intellectual property rights (including copyright, patent, trademark, trade secrets) or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (ii) are defamatory, libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on Komen or its licensors or suppliers’ infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful, malicious, or deleterious programming routines; (vi) involve the preparation and/or distribution of “junk mail”, “spam”, “chain letters”, “pyramid schemes” or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with our Services or any servers or networks connected to our Services or disobey any requirements, procedures, policies or regulations of networks connected to our Services, or attempt to breach the security of or disrupt Internet communications on our Services (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of Komen’s or other’s officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through our Services; (xi) collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or our Services; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between our Services’ servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account (“cracking”) on or from our Services; or (xiv) are contrary to Komen’s public image, goodwill, reputation or mission or otherwise not in furtherance of our Mission.
In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of Komen’s, its licensors or supplier’s content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of Komen or its licensors or supplier’s software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms of Use to any third party, or otherwise commercially exploit or profit from the information or content of our Services (or any part or portion thereof).
IMPROPER USE OF OUR SERVICES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
10. Use Restrictions
- You acknowledge that the Services may include content that is protected by copyright, trademarks, patents or other proprietary rights and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.
- You also acknowledge that the Content is and shall remain the property of Komen and its licensors, and you shall at no time assert any claims ownership over any Content by reason of your use of or any right to use the Services.
- You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
- You agree that you will not, and will not assist, enable or permit others to, directly or indirectly modify, enhance, alter or prepare derivative works based on [Company’s] content, software or infrastructure or otherwise tamper, decompile, decode, unlock or attempt to reverse engineer any of [Company’s] software or infrastructure.
- You agree to not (i) post or send to Komen any defamatory, pornographic, threatening, obscene, or otherwise unlawful materials that could constitute a criminal or civil offense, or encourage the commission of such an offense, (ii) copy the Website or Services without permission, (iii) knowingly or recklessly introduce a virus or other harmful component including but not limited to Trojan horses, worms, or otherwise tamper with, impair or damage the Website or Services, (iv) interfere with any person or entity’s use or enjoyment of the Website or Services or (iv) use our Services in a way that violates any applicable laws.
- As such, by using our Services, you also agree to the following Community Guidelines:
- Act with integrity and authenticity and treat others with respect and kindness.
- Do your part to keep Komen and its Website a safe, productive, and inclusive community.
- Treat our Content with care and adhere to these Terms of Use.
- Do not attempt to collect or store personal data about other account users or attempt to gain access to other user’s accounts or otherwise mine information about other account users of our Services.
- Do not engage with our Services in violation of these Terms of Use or any applicable laws or regulations, including the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM Act of 2003).
- Do not spam others or engage in any hate speech, bullying, harassment, or misinformation, or in any actions that are defamatory, libelous, threatening, invasive of privacy, discriminatory based on a protected class, pornographic or obscene that could result in any violence, physical or other harm.
11. Trademarks
The following is a non-exhaustive list of Komen’s trademarks. The absence of a product or service name or logo from the list below does not constitute a waiver of Komen’s trademark, service mark or other intellectual property rights concerning that name or logo: Susan G. Komen®, Race for the Cure®, the Susan G. Komen signature logo, the Running Ribbon logo, 1-877-GO KOMEN, More Than Pink Walk®, ShareForCuresTM, www.komen.org, and all related names, logos, product and service names, design, and slogan are trademarks of Komen or its licensors. You must not use such marks without the prior written permission of Komen.
The trademarks, logos and service marks displayed on the Website (including but not limited to those listed above) are our property or the property of third parties (employers or associated organizations). You are not permitted to use these trademarks, logos or service marks without our prior written consent or the consent of the third party that owns these trademarks, logos or service marks. By making these marks available on this Website, Komen does not confer upon you any of Komen or any third party’s intellectual property rights.
12. Indemnification
You agree to defend, indemnify and hold Komen and its respective officers, directors, board members, board advisors, employees, partners, agents, successors and assigns harmless from any loss, liability, claim or demand, including attorney’s fees, based any and all claims arising from your use of the Website and Services. This will also extend to any claims made by a third party or Komen due to or arising from your breach of any provision of these Terms of Use.
Notwithstanding the foregoing, Komen Parties retain the exclusive right to settle, compromise, and pay any and all claims or losses associated herewith. You will not settle any claims or losses without, in each instance, the prior written consent of an officer of a Komen Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
13. Links to Third-Party Websites
Komen makes no representations or warranties about any website that you may access through the Services or through a certain person or company who has been recognized on our Services due to their donations or sponsorships in support of our Mission, and does not monitor or have control over such websites. Komen is not responsible for or liable for any content on any such websites or resources that it does not own or control and your use of all such links to third-party websites is at your own risk. To the extent Komen provides links to or references any third parties or third-party websites, it is only as convenience and does not endorse, adopt, sponsor or affiliate with such a third party or its services.
14. Events and Donation Alerts
Komen offers the option to engage with us via SMS text alerts to help keep subscribers updated on upcoming events, the latest news and donor opportunities. You can opt-in to Komen SMS text alerts by selecting your preference to receive mobile text messages and/or entering your mobile phone number under the option to receive text alerts. By providing your phone number and opting in, you are consenting to receive texts, including automated texts, to that number. Up to 6 messages per month. Message and data rates may apply.
You can cancel this service at any time. To discontinue receiving SMS text messages from “KOMEN”, text STOP to 54163. After you send the message STOP, you will receive a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us unless you opt-in to receive SMS text alerts again. If at any time you forget what keywords are supported, just text HELP to 54163. After you send the message “HELP,” you will receive a response with instructions on how to use our service, including how to unsubscribe. For additional help or support, please use the contact options on our Contact Us page, call us at 1-877-465-6636, or email your request to privacymanager@komen.org. For more information about how Komen respects your right to privacy, view our Privacy Policy.
Compatible carriers include: AT&T, Verizon Wireless, T-Mobile/Sprint /Metro PCS, CellCom USA, C Spire Wireless, U.S. Cellular, Carolina West Wireless (CWW), Google Voice, ACS/Alaska, Advantage Cellular (DTC Wireless), Appalachian Wireless, Bluegrass Cellular, Cellular Network Partnership (PIONEER),Cellular One of East Central Illinois, Chat Mobility USA, Coral Wireless (Mobi PCS), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, Illinois Valley Cellular (IV Cellular), i Wireless (IOWA Wireless), Nex-Tech Wireless, MTA Communications, MTPCS (Cellular One Nation), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Inland Cellular, Telephone Company, Immix(Keystone Wireless), Mosaic (Consolidated or CTC Telecom), Northwest Missouri Cellular Limited, Peoples Wireless, Panhandle Telecommunications, Systems(PTCI), RINA, Revol Wireless USA, SI Wireless/Mobile Nation, SRT Wireless, Texas, RSA 3 Ltd(Plateau Wireless), Thumb Cellular, United Wireless, Union Telephone, Company(Union Wireless), Viaero Wireless, West Central Wireless (5 Star Wireless), Sagebrush Cellular (Nemont), Pine Cellular, Aio Wireless/Cricket, SouthernLinc, Bandwidth, Copper Valley, Leaco, CableVision, Buffalo Wireless, Chariton Valley Cellular, Pine Belt Wireless, Atlantic Tele-Network International (ATN). T-Mobile is not liable for delayed or undelivered messages.
15. DMCA Notice
Komen will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). If you (or your agent) believe that any of the content on our Services infringes your copyrights, please provide Komen’s designated copyright agent written notice (whose contact information provided below) with the following information:
1. A legend or subject line that says: “DMCA Copyright Infringement Notice”.
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3. Identification and description of the copyrighted work claimed to have been infringed, or, if you believe that multiple copyrighted works have been infringed on our Services, a representative list of such works.
4. 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 Komen to locate the material. Providing the full URL of the page(s) on our Services on which the material appears is the best way to help us locate content quickly.
5. Information reasonably sufficient to permit Komen to contact you, such as your full name, address, telephone number, and, if available, an electronic mail address at which you may be contacted.
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please provide all of the information requested above. No specific form is required to provide Komen with notifications of possible infringement. However, it will take Komen longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.
Komen will only respond to DMCA notices it receives by mail or email at the addresses below:
Attention: Designated Copyright Agent
Legal Department
Susan G. Komen
Address: 13770 Noel Road, Suite 801889, Dallas, TX 75380
Email: legaldepartment@Komen.org
16. Submissions
In connection with anything you submit to Komen, whether or not solicited by Komen, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and Komen in any way, and that you have no expectation of review, compensation or consideration of any type.
17. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL Komen, OUR LICENSORS, OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE WEBSITE OR SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE WEBSITE OR SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
IN NO EVENT SHALL Komen, OUR LICENSORS, OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, SERVICE, OR THESE TERMS OF USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, SERVICES, OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICES OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Komen CONTROLS AND OPERATES THE SERVICES IN THE UNITED STATES OF AMERICA AND MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) OR THAT ITS SERVICES OR CONTENT IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC AREAS. YOU ARE SOLELY RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL APPLICABLE LAWS WHEN ACCESSING OUR CONTENT OR SERVICES FROM A COUNTRY OTHER THAN THE UNITED STATES OF AMERICA. Komen DOES NOT WARRANT THE ACCURACY, RELIABILITY OR TIMELINESS OF ANY INFORMATION PROVIDED ON ITS SERVICES IN LANGUAGES OTHER THAN ENGLISH.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS Komen’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR CONTENT IS TO STOP USING THE SERVICES.
Komen PROVIDES ALL INFORMATION ON THIS WEBSITE AND THE SERVICES, INCLUDING BUT NOT LIMITED TO TEXT, IMAGES, LINKS, ON AN “AS IS” BASIS TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (VII) THAT ANY DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (VIII) THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR (IX) THAT THE WEBSITE OR SERVICES IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.
IN CERTAIN INSTANCES, KOMEN PERMITS THIRD PARTIES TO PROVIDE TESTIMONIALS AND INFORMATION, AND IN CERTAIN SITUATIONS, CREATE PERSONAL HOME PAGES FOR FUNDRAISING PURPOSES IN FURTHERENCE OF OUR MISSION. KOMEN MAY FROM TIME TO TIME POST ARTICLES AND OTHER INFORMATION PROVIDED BY THIRD PARTIES THAT MIGHT BE OF INTEREST OR BENEFIT TO THE PUBLIC AND USERS OF OUR SERVICES. YOU ACKNOWLEDGE THAT THE OPINIONS AND RECOMMENDATIONS OF THIRD PARTIES CONTAINED ON OUR SERVICES ARE NOT NECESSARILY THOSE OF KOMEN OR ENDORSED BY KOMEN, AND KOMEN DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO OUR SERVICES.
IF YOU ARE A USER BASED IN NEW JERSEY, THE FOREGOING SECTION 13 IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTION OF THE APPLICABLE SECTION.
18. Governing Law
You and Komen agree that, with the exception of the Arbitration Agreement as provided below, these Terms of Use and any and all claims, disputes or other legal proceedings between You and Komen shall be governed by the laws of the State of Texas without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. This shall include but not be limited to any claims or disputes that arise or are related to these Terms of Use or your access to or use of these Services.
19. Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Use as the “Arbitration Agreement.”
- Agreement to Arbitrate
You and Komen agree that any and all disputes or claims that have arisen or may arise between you and Komen, whether arising out of, connected to, or otherwise related in any way to these Terms of Use (including any breach thereof), the Website, or the Services, or any aspect of the relationship or transactions between us, must be resolved through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. This Section, the Arbitration Agreement, is intended to be interpreted broadly and shall govern any and all such disputes.
You and Komen agree that the Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement. - Waiver of Right to Trial by Jury
You agree that, by entering into these Terms of Use, you and Komen are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. - Waiver of Class-Action, Class and Mass-Arbitration
You and Komen agree that the arbitration shall be conducted in their individual capacities only, not as a plaintiff or class member in any purported class or representative or mass action or proceeding. You and Komen agree to expressly waive the right to file a class action, class-, or mass-arbitration, or otherwise seek relief on a class or mass basis. Unless both you and Komen agree otherwise, the arbitrator may not consolidate or join more than one individual’s or party’s claims and may not otherwise preside over any form of consolidated, representative or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claims. If an arbitrator or court decides that an arbitration can proceed on a class or mass basis, then the Arbitration Agreement will be null and void. You and Komen shall then have been deemed to not have agreed to arbitrate disputes. - Opt-out of Mandatory Arbitration:
You can reject and opt-out of this Arbitration Agreement within 30 days of first accepting these Terms by emailing Komen at legaldepartment@komen.org (the “Arbitration Opt-Out Address”) with your first and last name and the email address associated with your account and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought. - Pre-Arbitration Dispute Resolution
Komen is always interested in resolving any disputes amicably and efficiently, and many user concerns can be resolved quickly and to the user’s satisfaction by contacting Komen at legaldepartment@komen.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Komen should be sent to [Susan G. Komen, Attention: Legal, PO Box 801889, Dallas, TX 75380. (Hereinafter, the “Notice Address.”) The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Komen and you do not resolve the dispute within sixty (60) calendar days after the Notice is received, you or Komen may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Komen or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Komen is entitled. - Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the interpretation, scope, enforceability, formation, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Komen and you agree otherwise, any hearings will take place in Dallas, Texas with due consideration for both parties’ ability to travel and other pertinent circumstances. If Komen and you are unable to agree on a location, the determination shall be made by AAA. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. - Arbitration Procedures
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. - Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. - Severability of Terms or Provisions of Arbitration Agreement
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Waiver of Class-Action, Class and Mass-Arbitration” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Waiver of Class-Action, Class and Mass-Arbitration” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Use will continue to apply. - Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Use to the contrary, Komen agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Arbitration Opt-Out Address or Notice Address) while you are a user of the Website, you may reject any such change by sending Komen written notice within thirty (30) calendar days of the change to the Arbitration Opt-Out Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).
20. Severability of Terms of Use
If any of the provisions in these Terms of Use are determined to be not enforceable or valid in a final valid and enforceable decision, then such provisions will be deemed severed and will not affect the validity and enforceability of the other parts of these Terms of Use, which other parts shall still apply.
21. Entire Agreement
These Terms of Use constitute the entire agreement between you and Komen for the Services and your use of the Website and Content and supersede all existing agreements and all other oral, written or other communication as well as any prior proposals, negotiations, agreements, and understandings between you and Komen concerning its subject matter relating to the use of the Services, Website or Content.
22. Exclusive Jurisdiction and Place of Venue
With respect to any disputes or claims not subject to arbitration, as set forth above, you and Komen agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the City of Dallas and the County of Dallas, Texas, provided that Komen may seek equitable relief in any court of competent jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
23. Non-Waiver of Rights and Provisions of these Terms of Use
The failure of Komen to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.
24. Termination
Komen reserves the right to terminate this Agreement or your use of or access to the Services at any time, in its sole discretion. You agree that any termination of your account and/or your access to the Services may be affected without prior notice and you acknowledge and agree that Komen may immediately deactivate or delete your account and all related information, files or content in your account and/or bar any access to such information or content by you or others.
Upon termination, Komen will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to Komen with respect to the Services terminated; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms of Use, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Services.
25. Privacy
For more information about our data handling practices, please see our Privacy Policy.
26. Contact
You may contact Komen through email at legaldepartment@komen.org with any questions regarding this Arbitration Agreement and Terms of Use.