These terms and conditions of use ("Terms and Conditions") describe the terms and conditions applicable to your use of the information, content, printed materials, documentation, products and services available via this website www.ovationsforthecure.org or any sub-domains thereof (collectively the "Site") created by Ovations for the Cure of Ovarian Cancer, Inc. ("OVATIONS"). Please carefully read these terms and conditions of use before using the Site.
BY USING THE SITE, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE REFRAIN FROM USING THE SITE.
Purpose of the Site
The Site is intended to promote the purpose of OVATIONS, finding a cure for ovarian cancer. This site is not intended for children under the age of 13. The Site and its contents are for general informational purposes. The Site does not provide medical or professional services advice. The materials on the Site should not be relied upon as a source for self-diagnosis or to replace the services of a medical professional.
Although OVATIONS takes care in the creation and update of the Site, the contents of the Site may contain inaccuracies, errors and/or omissions. OVATIONS makes no representation about the accuracy, reliability, completeness, efficacy, non-infringement or timeliness of the materials, merchandise, or programs provided on the Site. OVATIONS reserves the right to modify the Site at any time and restrict or discontinue your use of the Site for any reason and without notice.
THE INFORMATION PROVIDED TO YOU IN THE SITE IS PROVIDED SOLELY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, OVATIONS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY'S RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL OVATIONS OR ANY THIRD PARTY MENTIONED IN THE CONTENTS OF THE SITE BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION AS A CONSEQUENCE FROM THE USE OR INABILITY TO USE THE SITE AND ITS CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OVATIONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OVATIONS BE LIABLE FOR AN AMOUNT THAT EXCEEDS THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
OVATIONS may offer certain services or features on the Site, including but not limited to guestbooks, online donations, shopping carts, forums, such as clinical trials and discussion boards and newsletters (collectively, the "Services"). When using the Services, you agree to abide by these Terms and Conditions and to use the Services for the purpose of furthering OVATIONS' mission. OVATIONS reserves the right to limit or exclude your use of the services at any time and without notice.
By using our Services, including blogs and guestbooks, you acknowledge that such participation is voluntary and additionally 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. OVATIONS reserves the right to edit or abridge information provided by you for any reason and to refuse to publish such information on the Site. Although OVATIONS will consider inquiries and comments regarding information posted on the Site, OVATIONS has no obligation to delete content that you personally may find objectionable or offensive.
In order to make purchases from our Boutique and to make online donations, you must submit necessary contact and payment information. By using such services and submitting information, you acknowledge that you are responsible for providing accurate information supplied by you to OVATIONS. By providing contact and payment information, you represent and warrant that you have lawful right to provide such information to OVATIONS.
Intellectual Property and Scope of Use
The Site, including but not limited to information, content, merchandise, programs, or services provided on the Site, is protected by copyright, service mark, trademark and other proprietary and intellectual property rights of OVATIONS or third parties. OVATIONS' name, logos, trade dress, slogans and all related product and service names and slogans including but not limited to, "OVATIONS FOR THE CURE OF OVARIAN CANCER" and the butterfly mark (collectively, "Marks") are the service marks of OVATIONS.
OVATIONS hereby grants to you a non-exclusive and non-transferable license to view and print information, documents and web pages located on the Site for non-commercial or educational use; provided, however, you agree to do so with all copyright, trademark, and/or service mark notices retained. Except as otherwise provided in these Terms and Conditions, the Site or a portion thereof may not be copied, downloaded or stored in a retrieval system for any purpose, distributed, reproduced, or used to create derivative work, without expressed written consent of OVATIONS. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms and Conditions and they must agree to abide by these Terms and Conditions. Any unauthorized use of materials contained on the Site may violate copyright, trademark and other laws. OVATIONS retains all rights not expressly granted. Nothing in these Terms and Conditions constitute a waiver of any rights under federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms and Conditions should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including but not limited to, any trademark, service mark or copyright of OVATIONS or any third party.
Links to Third Party Websites and the Site
The Site may contain links to certain third party websites. These third party website links are provided as a courtesy and for your convenience. OVATIONS does not endorse, adopt or agree with any of the third party website's content or the products or services that the third party may offer. OVATIONS disclaims all liability with regard to your access to the third party websites. Access to third party websites through links that may be included in the content of the Site is at your own risk.
Links to the Site may be provided from third party websites with or without authorization by OVATIONS. Accessing third party websites linked to or from the Site is done at your own risk. OVATIONS may not have reviewed and is not responsible for the content of third party websites linked to or from the Site and does not make any representations regarding the accuracy of the materials or content on such third party websites.
If you would like to provide a link to the Site from a website operated by you, please contact us by using the information available on the "Contact Us" page of the Site.
Donors and Sponsors
OVATIONS may acknowledge certain persons, organizations and/or companies who have provided donations or sponsorships in furtherance of OVATIONS' mission. Recognition of such donors and sponsors may be by presentation of their names, logos, service marks or trademarks, and/or links to their websites. If you decide to click on the links that lead to the websites of the donors and/or sponsors recognized on the Site or deal in any other way with the recognized donors and/or sponsors, you acknowledge that you are doing so voluntarily and agree that OVATIONS will not be responsible or liable for any loss or damage incurred as a result of your dealings with such donors and/or sponsors.
From time to time, OVATIONS may choose to add information from a specific company that may or may not be an OVATIONS sponsor who is engaged in clinical trials and/or other research and development tasks in furtherance of OVATIONS' purpose of discovering a cure for ovarian cancer or providing diagnostic or therapeutic ovarian cancer products or services. OVATIONS does not necessarily endorse all activities of such sponsors and will not be held liable for any injury or other damages that may occur if you decide to enroll and participate in a clinical trial. Your decision to pursue such a clinical trial or contact the sponsors who perform clinical trials and/or other research and development tasks along with OVATIONS, you acknowledge that you are doing so on your own initiative and agree that OVATIONS will not indemnify you for any loss or damage incurred to you as a result of your contact with such sponsors.
Ability to Amend
OVATIONS may modify the Site and these Terms and Conditions at any time. Any modifications of the Terms and Conditions will be posted on the Site. By continuing the use of the Site after the changes to the Terms and Conditions, you are accepting such changes.
In the event any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. Both you and OVATIONS further agree to replace such invalid or unenforceable provision of these Terms and Conditions with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.
The Site is operated by OVATIONS from its offices in Natick, Massachusetts, USA. The law of the Commonwealth of Massachusetts shall govern these Terms and Conditions, without reference to its choice of law rules. Any action related to these Terms and Conditions shall be brought only in the state and federal courts in the Commonwealth of Massachusetts and all parties waive any objection to the personal jurisdiction of and venue in such courts.
These Terms and Conditions represent the entire agreement between you and OVATIONS relating to the subject matter herein and shall not be modified except by OVATIONS as provided herein or through a written document signed by both parties.
OVATIONS' Right to Seek Legal or Equitable Remedy
OVATIONS reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to the website.
If you have any questions about these Terms and Conditions, please contact us by referring to the "Contact Us" section of the Site.