Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY USING OR ACCESSING THIS SITE OR USING THE SERVICES THEREIN, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE.

Last updated: 7/17/2015

The International 22q11.2 Foundation (the “Foundation”), owns and operates this Site through which you have accessed these Terms of Use. The Foundation offers various services that are accessible to users through this Site, such as, for example, information about 22q11.2 deletion syndrome (also referred to as DiGeorge Syndrome (DGS), Velo-Cardio-Facial Syndrome (VCFS), Conotruncal Anomaly Face Syndrome (CTAF), Opitz G/BBB syndrome, and Cayler Cardiofacial syndrome), and resources relating to the same (collectively “Services”). The Services are available to anyone who accesses the Site. By visiting, using and/or submitting information to the Site or the Services, you agree to be bound by the terms and conditions of these Terms of Use (this “Agreement”) and the Foundation’s Privacy Policy (the “Privacy Policy”), which is incorporated herein in its entirety for all purpose. If you do not agree to this Agreement and of the terms and conditions stated herein, do not use the Site or Services and leave the Site.

Your Compliance with this Agreement

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the Site and/or Services.

You represent that you have the capacity to be bound by this Agreement, or if you are accepting this Agreement on behalf of a business, company, corporation or other legal entity (“Your Business”), you represent and warrant that you have the authority to enter into this Agreement on its behalf and you intend to bind it hereto. The terms “you, “your” and similar variants in this Agreement include both you and Your Business. In order to determine your compliance with this Agreement, the Foundation may monitor your access and use of the Site and/or Services in accordance with the Foundation’s Privacy Policy.

Your Access and Use of the Site and/or Services

By entering this Agreement, the Foundation is providing you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Site and select Services. Your right to access and use the Site and Services is personal to you and is not transferable by you to any other person or entity except as described below with regards to Your Business. You are only entitled to access and use the Site and Services for lawful purposes and pursuant to the terms and conditions of this Agreement and the Privacy Policy.

Your access and use of the Site and/or Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or Services or other actions that the Foundation, in its sole discretion, may elect to take. The Foundation reserves the right to suspend or discontinue the availability of the Site or Services and/or any portion or feature of the Site or Services at any time in its sole discretion and without prior notice.

You understand and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Site or Services, including without limitation, posted User Generated Content (defined below), etc., in the real world without the Foundation’s express written consent.

Additionally, you may not:

(a)            Use the Site or Services for commercial purposes;

(b)           Modify, adapt, reverse engineer or decompile software for the Site or Services (“Software”), or otherwise attempt to derive source code;

(c)            Create any copies or derivative works regarding the Site, Software or Services;

(d)           Use maillist, listserv, an auto-repsonder or spam on the Site, Software or Services or any processes that interferes with the proper working of the Site, Software or Services;

(e)            Record, process or mine information about other users;

(f)            Attempt to gain unauthorized access to the Site, Services, Software, computer systems or networks connected to the same;

(g)            Use the Site or Services to violate the security of any computer network, disrupt or interfere with the security of, or otherwise cause harm to the Site, Software or Services;

(h)           Crawl, scrape, index or spider any page or portion of the Site, Software or Services; or

(i)             Otherwise use the Site, Software or the Services except as expressly provided in this Agreement.

Any action by you that, in the Foundation’s sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Site or Services; or (iii) through the use of the Site or Services, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use the Site or Services and/or termination of this Agreement. You shall not metatag, provide links to or frame the Site or Services without the Foundation’s prior express written permission.

Your Access and Use of Services on the Site

You Must Maintain the Integrity of Your Information. To use select Services, you may be required to provide the Foundation with information about you (“Personal Information”). If you provide Personal Information to the Foundation then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Personal Information current and to update the Personal Information if any of the Personal Information changes. The Foundation’s collection, use and disclosure of the Personal Information is governed by this Agreement and the Foundation’s Privacy Policy.

You Are Responsible for Your Decisions. The Foundation and its affiliates, through the Site and/or Services, may provide a venue or links through which you can obtain information and you can find third-party products and/or services from service providers, advertisers, business partners, affiliates and other third parties (collectively “Service Providers”). The Foundation does not endorse or recommend the products or services of any Service Provider and is not an agent or advisor to you or any Service Provider. The Foundation does not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services and/or products that they may provide to you and that the Foundation shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services. You acknowledge and agree that you rely on your own judgment in selecting any products or services offered by Service Providers.

No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services. The Foundation does not guarantee or make any warranties or representations regarding any pricing, quotes, fees, terms, rates, discounts, specials, coverage or services offered or made available through the Site or Services or by Service Providers or that such are the best terms or lowest rates available.

Fees and Payments

Access to and use of the Site and Services are free for all users. If you purchase a product on the Site, you agree to pay to the Foundation the fee as identified when the Product was purchased on the Site (“Fees”). Fees may be imposed or adjusted by the Foundation in its sole discretion. If you fail to pay any Fees or other charges, for example, if your method of payment is rejected, the Foundation may (reserving other legal remedies and rights) terminate this Agreement without further notice. All payment of Fees or other charges are final and nonrefundable, except where and to the extent required by law.

At any time, the Foundation may choose to charge or change fees for access to the Site, Services or Products and the Foundation will notify you of those charges at the time that the Foundation offers the same or changes the fee. The Foundation may, in its sole discretion, and by notifying you on the Site or through the Services, of such a change to this policy and begin charging for access to the Site and/or Services, and the Foundation may, in its sole discretion, add, remove or change the features and Services the Foundation offers or the fees (including the amount and type of fees) the Foundation charges at any time. If the Foundation introduces a new service or charges a new fee, the Foundation will post a reasonable notification of the fees for that service at the launch of the service or start of charging a new fee. Upon the posting of such a notification, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable Site and/or Services.

Financial Transactions

You acknowledge and agree that the Foundation is authorized, but not required, to act on payment instructions received from you. You authorize the Foundation to (a) initiate debits or charges against your financial account or credit card periodically for the amount then due for purchases made and Fees or other charges due (if any); and (b) initiate any other debits or credits authorized by you. All payments must be made in U.S. dollars from a U.S. bank or via alternative payment methods made available by the Foundation. You acknowledge that transactions may be facilitated by a third party payment processor (the “Processor”), and agree that the Foundation may share your information, including information about your financial accounts, with the Processor, for this purpose. All amounts paid are final and non-refundable, except where and to the extent required by law. All fees, balances or other charges not paid by you within thirty (30) days from the date of purchase are subject to interest charges. You are responsible for paying all taxes on any purchase, Fees or other charges.

Transmissions, Submissions and Postings to the Site

You may be able to post user-generated content, e.g. comments, videos, photos, etc. (“User Generated Content”), on the Site or through the Services. In connection with posting such User Generated Content, we may ask you for some personal information, e.g. first and last name, location and email. The collection, use and disclosure of such personal information is governed by this Agreement and the Foundation’s Privacy Policy.

You will remain the owner of and are responsible for any User Generated Content you post.

For all User Generated Content you post, you represent and warrant that (i) you have the right to post the User Generated Content, (ii) neither the Foundation’s nor any third party’s rights, laws, statutes, ordinances or regulations, e.g. COPPA, CalOPPA, etc., will be violated by such posting, (iii) you are not being compensated for the posting; and (iv) the User Generated Content (a) is not harmful, trade libelous, fraudulent, threatening, abusive, harassing, defamatory, vulgar, pornographic, obscene, explicit or vulgar, libelous, or otherwise injurious, objectionable or offensive or that infringes on any third party’s rights of publicity or privacy, (b) does not make the security of the Site, Software and/or Services vulnerable in any way, (c) does not contain any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (f) does not contain or constitute chain letters, mass mailings, political campaigning, or any form of “spam,” (g) does not contain information that is false, inaccurate or misleading and (h) does not include or constitute commercial advertisements or solicitations. You acknowledge that the Foundation and its designees shall have the right (but not the obligation) in their sole discretion to refuse, review, edit, disassociate or remove any User Generated Content or material that is available through the Site, Software and/or Services.

By posting User Generated Content, you grant the Foundation an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) and distribute such User Generated Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Foundation, the Site and Services, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Generated Content, and to grant and authorize sublicenses of the foregoing. You also hereby grant each user of the Site and/or Services a worldwide, non-exclusive, fully paid, royalty free, worldwide license to use, copy, publicly perform, publicly display, host, reformat, edit, translate, excerpt (in whole or in part) any User Generated Content submitted by you.

You acknowledge that your User Generated Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to the Foundation or our initiatives (collectively “Ideas”). With respect to Ideas you acknowledge that: (a) the Foundation receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that the Foundation’s review of the Ideas is not an admission of novelty, priority or originality; and (b) the Foundation’s use of any similar Ideas, whether based on User Generated Content, provided to the Foundation by third parties, or independently developed or considered by the Foundation, shall be without obligation to you.

You irrevocably waive any and all claims and assertions of moral rights or attribution with respect to User Generated Content as against the Foundation.

The Foundation’s Intellectual Property Rights 

The content in the Site, Software and Services, except your User Generated Content, to the extent any exists, including without limitation, the patents, trademarks, copyrights, text, software, graphics, scripts, photos, music, videos, photographs, images, screen shots, downloadable files, product and program names, the compilation of the forgoing and the like (“Content”), is owned by or licensed to the Foundation and is subject to patent, trademark, copyright and other intellectual property laws of the United States and foreign countries.

Content in the Site, Software and Services is provided for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Foundation, which permission may be withheld in the Foundation’s sole discretion. The Foundation reserves all rights not expressly granted in and to the Site, Software, Services and Content. The Foundation makes no claim to any third-party names, trademarks or service marks appearing on the Site or through the Services. Any third-party names, trademarks, and service marks are property of their respective owners.

You shall be solely responsible for any damage resulting from your infringement of the Foundation’s or any third party’s intellectual property rights regarding the Content, and/or any other harm incurred by the Foundation or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

Your Use of the Content

The Foundation grants you a limited, non-exclusive, non-transferable, non-sublicensable license to make personal use of the Content; provided, however, that you shall not delete any proprietary notices. You may not modify the Content or utilize it for any commercial purpose or any other public display, distribution, performance, sale, or rental, and may not decompile, reverse engineer, or disassemble the Content, or transfer or distribute the Content to another person.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than as expressly permitted by this Agreement, is permitted by you without the express prior written permission of the Foundation, which permission may be withheld in the Foundation’s sole discretion.

You may not use any meta tags or any other “hidden text” utilizing the Foundation’s name or trademarks without the express written permission of the Foundation, which permission may be withheld in the Foundation’s sole discretion.

Your Use of the User Generate Content

You agree to only use so much of the User Generated Content or portions thereof, other than your own, as is necessary to utilize the Site and/or Services for their intended purposes.

Access and Interference

You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site, Software or Services or any portion of the Site Software or Services or for any other purpose, without the Foundation’s express written permission which may be withheld in the Foundation’s sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in the Foundation’s sole discretion an unreasonable or disproportionately large load on the Foundation’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Content (except for your personal information) from the Site, Software or Services without the prior written permission of the Foundation and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site, Software or Services or any activities conducted on the same; or (iv) bypass any robot exclusion headers or other measures the Foundation may use to prevent or restrict access to the Site, Software or Services. Notwithstanding the foregoing, the Foundation grants the operators of public search engines permission to use spiders to copy materials from the Site or Services for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on the Site or Services, but not caches or archives of such materials. The Foundation reserves the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from the Site or Services. You shall not (i) use any communication systems provided on the Site or through the Services (e.g. reviews, third party social media, email, etc.) for any commercial or solicitation purposes or (ii) solicit for commercial purposes any users of the Site or Services without the Foundation’s express, written permission, which permission may be withheld in the Foundation’s sole discretion.

Electronic Communications

When you visit the Site, use the Services or send email to the Foundation, you are communicating with the Foundation electronically. You consent to receive communications from the Foundation, its affiliates and partners electronically and via any e-mail address, text message or other similar means you provide to the Foundation or through the Site or Services for any purposes. Although the Foundation may choose to communicate with you by regular mail, the Foundation may also choose to communicate with you by e-mail or by posting notices on the Site or through the Services. You agree that all agreements, notices, disclosures and other communications that the Foundation electronically provides to you satisfy any legal requirement that such communications be in writing. You also agree to accept such messages and at any applicable network access, data usage or similar fees.

Your Responsibility for Equipment and Related Costs

You are responsible for obtaining and maintaining all telephone, computer hardware, internet access services and other equipment, software (including a web browser) or services needed to access and use the Site and/or Services and all costs and fees associated with internet access or long distance charges incurred with regard to your access and use of the Site or Services. The Foundation will endeavor to make the Site and Services accessible on the most common web browsers and the current version of such web browsers and some common devices, but makes no representations or warranties on the same.

Mobile Devices

If the Foundation provides aspects of the Site or Services available for your mobile or other device, please be aware that your carrier’s normal rates and fees may apply. Portions of the Site and/or select Services may not be available through select mobile devices or may appear differently than on a computer.

Infringement

The Foundation respects the intellectual property rights of others. It is the Foundation’s policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws.

When reporting infringing material to the Foundation (“DMCA Notice”) please provide:

(a)   a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b)  identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c)   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 the Foundation to locate the material;

(d)  information reasonably sufficient to permit the Foundation to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(e)   a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f)   a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Upon receiving a complete DMCA Notice, the Foundation will

  • take reasonable steps promptly to notify the poster of the allegedly infringing material (“Poster”) that the Foundation has removed or disabled access to the allegedly infringing material;
  • upon receipt of a counter notification described below, promptly provide the person who provided the notification with a copy of the counter notification, and inform that person that the Foundation will replace the removed material or cease disabling access to it in 10 business days; and
  • replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless the Foundation’s designated agent (identified below) first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the Poster from engaging in infringing activity relating to the material on the Site or through the Services.

A counter notification must include:

  • a physical or electronic signature of the Poster;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that the Poster has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • the Poster’s name, address, and telephone number, and a statement that the Poster consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Poster’s address is outside of the United States, for any judicial district in which the Foundation may be found, and that the Poster will accept service of process from the person who provided notification or an agent of such person.

 

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), our designated agent to receive notices and counter notices of claimed infringement is:

 

Attention:       DMCA Notice

The International 22q11.2 Foundation, Inc.

PO Box 532

Matawan, NJ 07747

Email address of designated agent: info@22q.org

If you wish report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although we reserve the right to remove any infringing material that we believe in good faith to be infringing material that is used without authorization by any or user of the and/or Services, we do not obligate ourselves to do so except in accordance with the Digital Millennium Copyright Act.

Termination

This Agreement is effective until terminated. You may terminate this Agreement by stopping all use of the Site and/or Services and providing notice of termination to info@22q.org. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all Fees, purchases and other payments made in connection with the Site and Services. The Foundation may terminate this Agreement with or without notice by deleting or dissociating any User Generated Content.

Patches and Updates

The Foundation may apply patches, updates and modifications to its Site and/or Services at any time (each an “Update”), and features may change after the application of an Update. The Foundation may change, modify, suspend, or discontinue any aspect of any feature or Service at any time. The Foundation may also impose limits on certain features or restrict your access to parts or all of the Site, Software and/or Services without notice or liability. The Foundation makes no representation that a feature, the Site, Software and/or Services will work on a particular web browser, version of a web browser or device.

The Foundation Makes No Representations or Warranties Regarding the Content

THE SITE AND SERVICE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THERE THROUGH, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, Delays, Errors AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, SITE, SOFTWARE AND THE INFORMATION RECEIVED THROUGH THEM. FURTHER, THE FOUNDATION MAKES NO REPRESENTATIONS WHATSOEVER ABOUT OTHER WEBSITES WHICH YOU MAY ACCESS THROUGH THE SITE or the content, SERVICES OR PRODUCTS contained therein or obtained there through.

the FOUNDATION FURTHER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES or guarantees, express or implied, (1) regarding THE QUALITY, VALIDITY, correctness, ACCURACY OR COMPLETENESS OF THE SITE, content, Services, products and MATERIALS associated with the SAME, (2) THAT THE FUNCTIONS CONTAINED ON THE SITE and/or SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED, (3) Regarding the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content or the SITE, services and products. THE FOUNDATION makes no representation, warranty or guarantee that the Content that may be available for downloading from the Site or through the ServiceS is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. THE FOUNDATION does not make any representations, warranties or guarantees, express or implied, regarding any quotes, offers, PRODUCTS or Services provided on or through the site.

THE FOUNDATION MAY MAKE CHANGES TO THE content OR materials, OR TO THE PRODUCTS, SERVICES, SPECIFICATIONS OR PRICES DESCRIBED ON THE SITE, AT ANY TIME WITHOUT NOTICE. THE content and MATERIALS MAY BE OUT OF DATE, AND THE FOUNDATION MAKES NO COMMITMENT TO UPDATE THE content or MATERIALS AT ITS SERVICES and/or SITE OR TO MAKE ANY NOTIFICATION OF CHANGES. INFORMATION PUBLISHED AT THE SITE OR IN CONNECTION WITH THE SERVICES MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE. YOU HEREBY RELEASE THE FOUNDATION from any and all claims, demands and damages, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to a dispute between you and another USER.

California residents hereby shall and do waive California Civil Code 1542, which provides “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

The Site is controlled and offered by THE FOUNDATION from the United States of America. THE FOUNDATION makes no representations that the Site is appropriate or available for use in other jurisdictions. If you access or use the Site from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.

Limitations on The Foundation’s Liability

THE FOUNDATION shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, EXEMPLARY, PUNITIVE, incidental, indirect or consequential damages ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES and/or SITE OR ANY INFORMATION RECEIVED FROM THE SAME, INCLUDING THE CONTENT OR ANY INFORMATION CONTAINED WITHIN OR THROUGH THE SERVICES and/or SITE, INCLUDING, but not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of the Site or serviceS; (iii) your delay in accessing or inability to access or use the Site or serviceS for any reason; (iv) your downloading of any of the Content or the Collective Work for your use; (v) your reliance upon or use of the Content or the Collective Work, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE or serviceS, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE FOUNDATION AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES and/or SITE IS TO STOP USING THE SITE, SERVICE, AND THE INFORMATION OBTAINED THEREIN. NOTWITHSTANDING THE ABOVE, THE FOUDNATION’S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE FOUNDATION SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.

YOU AND THE FOUNDATION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

Your Indemnification & Release of The Foundation

You shall defend, indemnify and hold harmless the Foundation and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current Personal Information requested or required by the Foundation; (iii) your access and/or use of the Site or Services; (iv) your transmissions, submissions or postings (e.g., your own User Generated Content); (v) your purchase of any Products or Services through this Site or Services; and/or (vi) any personal injury or property damage caused by you. Upon learning of any claim, action or proceeding, the Foundation will undertake to promptly notify you. The Foundation reserves the right to take over the exclusive defense and control of any matter for which you would be required to indemnify the Foundation and you agree to cooperate with such defense. You agree not to settle any such matter without the prior written consent of the Foundation.

You release the Foundation (and its officers, agents, directors, subsidiaries, and employees) from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way related with any dispute between you and one or more users.

Amendments of this Agreement

The Foundation reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon the Foundation posting the updated Agreement on the Site or through the Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access or use of the Site or Services following the posting of any such changes shall automatically be deemed your acceptance of all changes. If you do not agree to the revised version of this Agreement, you will not be permitted to continue use of the Site and Services. If at any time you become no longer able to comply with the terms of the current version of this Agreement, you must terminate this Agreement and immediately stop using the Site and Services.

The Foundation’s Remedies

You acknowledge that the Foundation may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, the Foundation shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach may be brought where you reside or in the courts of Monmouth County, New Jersey, or the United States District Court, District of New Jersey. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Governing Law

You agree that: (i) the Site and Services shall be deemed solely based in the State of New Jersey; and (ii) the Site shall be deemed a passive site that does not give rise to personal jurisdiction over the Foundation, its affiliates and assigns, either specific or general, in jurisdictions other than the State of New Jersey. This Agreement and the relationship between you and the Foundation is to be governed by and construed in accordance with the internal laws of the State of New Jersey, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be brought in the courts of Monmouth County, New Jersey, or the United States District Court, District of New Jersey and you agree to the exclusive jurisdiction and forum of the same. The Foundation’s failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

This Agreement, the Privacy Policy, and all aspects of your relationship with the Foundation, including any personal information or data associated therewith, may be disclosed and/or assigned by the Foundation to a third party in connection with a Business Transfer. A “Business Transfer” means a sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change involving us and/or our affiliates, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part or a whole of our business. Nothing in this Agreement is intended to interfere with our ability to transfer all or part of our business, equity, and/or assets (including this Site or Services) to an affiliate or independent third party at any time, for any purpose, without any limitation, without notice, any without any compensation to you, whatsoever.

All covenants, agreements, representations and warranties made in this Agreement that by their nature should survive, as may be amended by the Foundation from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

The current version of this Agreement and the Privacy Policy represent the entire understanding and agreement between you and the Foundation regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

If you have questions, comments, concerns or feedback regarding this Agreement or the Site or Services, please contact the Foundation via any of the methods set forth below:

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The International 22q11.2 Foundation, Inc.

PO Box 532

Matawan, NJ 07747

 

Via email:        info@22q.org


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Also in terms of use