Last Modified: May 11, 2023
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.
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.
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.
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;
- 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.
7. Intellectual Property; Licenses
8. Website Functionality
- Payments made for purpose of donations to Komen
- 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.
- 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.
- Personal Home Page
- MyKomenHealth Account
- 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.
- 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
- Shopping Cart Purchases & On-Line Donations
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.
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.
- 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 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.
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.
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. 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
Susan G. Komen
Address: 13770 Noel Road, Suite 801889, Dallas, TX 75380
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.
16. 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.
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.
17. Governing Law
18. Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- Agreement to Arbitrate
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
- 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 email@example.com (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 firstname.lastname@example.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 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.
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
- Future Changes to Arbitration Agreement
20. Entire Agreement
21. 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.
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.