Thank you for visiting the website of Griffin Cares Foundation.
Our website includes various content, functionality, news, events, support services, and other services (collectively referred to as the “Website Services”). We make the Website Services available to you in exchange for your agreement with these Terms of Service. The manager and operator of the Website Services are identified at the very top of this webpage and are variously referred to below as the “Foundation,” “we,” “us,” or “our.” Any person or entity accessing or using to certain or all of the Website Services, either directly or indirectly, is variously referred to as “you” or “your.”
BY ACCESSING OR USING ANY OR ALL OF THE WEBSITE SERVICES, YOU ARE ACCEPTING THESE TERMS AND CONDITIONS (collectively referred to as the “Terms of Service” or “TOS”). These TOS include information, notices and policies, including the website Privacy Policy and supplemental terms that may be linked from the Website Services, which together govern your access and use of the Website Services.
SOME RELATED SERVICES (FOR EXAMPLE, COMMUNICATIONS TOOLS) MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS. IF YOU ACCESS OR USE RELATED SERVICES, YOU MAY BE REQUIRED TO ACCEPT THE TERMS AND CONDITIONS THAT APPLY TO THOSE SERVICES.
IF YOU DO NOT AGREE TO THESE TOS, DO NOT ACCESS OR USE TO THE WEBSITE SERVICES AND PROMPTLY EXIT THIS WEBSITE.
We may make changes to the Website Services and/or these TOS (including any information and policies linked to these TOS) at any time. When we make such changes and they modify how we use existing information about you, we will make reasonable efforts to notify you via any Website Services’ email address that you have provided to us or account you may have with us. Any such changes will become effective on the date of our posting the revised TOS on the Website Services, and will apply to both information about you we already have at the time of the change and any information about you provide us after the date of posting.
The most recent date on which changes have been made to the TOS can be found at the top right corner of this website page. We encourage you to check regularly for updates to the TOS and to reread the terms and conditions in their entirety whenever there are updates.
YOU AGREE THAT YOUR ACCESS TO OR USE OF THE WEBSITE SERVICES ON OR AFTER CHANGES TO THE TOS ARE POSTED TO THE WEBSITE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE TOS AS IT APPEARS AT THE TIME OF YOUR ACCESS TO OR USE OF THE WEBSITE SERVICES.
The Website Services are to facilitate our mission to support for families who are coping with the death of a baby through pregnancy loss, stillbirth or during the first months of life and to enable fundraising by our non-profit foundation. The Website Services are not designed to provide medical counseling or advice. If you need medical care of any kind, please consult with a licensed medical care practitioner.
The information, content and materials on the Website Services (“Content”) may be (1) authored or produced by our staff, sourced from outside sources, or generated by users. We strive to make available Content that is useful, credible, accurate, and up-to-date. HOWEVER, WE CANNOT GUARANTEE THAT ANY OF THE CONTENT PROVIDED THROUGH THE WEBSITE SERVICES IS USEFUL, ACCURATE OR UP-TO-DATE OR THAT THE SOURCE OF ANY CONTENT IS CREDIBLE. Accordingly, we are not responsible for your use of, or reliance upon, any Content. We welcome you to submit comments or concerns you have about any Content by contacting us at info@griffincaresfoundation.org.
The Website Services may include links to external websites with information about third party products and services. These links are provided as a convenience for informational purposes only. We are not responsible for the availability of such external websites, and we do not endorse and are not responsible for any content, advertising, products, services or other materials or information available from such external websites. Further, such external websites may have different terms, conditions, and policies.
Inclusion of specific therapies, modes of handling grief, or other products or services on the Website Services is not intended to, nor should be construed, to be an endorsement of such products or services by us (even if shown as a recommended resource or material).
Some of the Website Services may allow you to submit content such as by posting messages, chatting, uploading files, inputting data, or engaging in other form of communications (“User Content”). When you submit User Content to the Website Services, you give us (and third parties we work with to provide the Website Services) an unrestricted, worldwide license to use the User Content in connection with operating, promoting and improving the Website Services, including the right to translate, adapt, communicate, publish, publicly perform, publicly display, transmit and distribute User Content, in all media now known or developed in the future. You also give us the right to modify your User Content in order to meet formatting requirements or size limitations. These license and rights continue even if you stop using the Website Services, except where we you request in writing to us that we remove your posted User Content and we have a ready means of identifying such User Content and can remove it in the ordinary course of providing the Website Services. By submitting the User Content to the Website Services, you are representing and warranting that you have the necessary rights to grant us the above license for such User Content.
No compensation will be paid with respect to the use of User Content. We have no obligation to post or use any User Content you may provide, and we may remove any User Content, in whole or part, at any time, in our sole discretion. In addition, if you submit feedback or suggestions about the Website Services, we may use your feedback or suggestions without attribution or compensation to you.
We reserve the right to assign and transfer User Content and your data to a successor-in-interest or new owner if or when we, or a service we provide, are acquired in whole or in part by or merged with another entity or organization.
In our commitment to maintaining the integrity of the Website Services, we reserve the right to take any necessary actions regarding User Content that violates our Terms of Use, infringes any intellectual property rights, or poses a risk to user safety, the public, or our legal standing. We may also disclose user identities in response to third parties claiming their rights are violated by User Content, including intellectual property rights or rights of privacy. We may take legal action for unlawful use of our services, and we reserve the right to terminate or suspend access for any violations of these Terms.
We cooperate with law enforcement and court orders in relation to user activities. YOU WAIVE AND HOLD HARMLESS THE FOUNDATION AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we are not liable for monitoring all material pre-posting or for immediate removal of objectionable material. Our responsibility does not extend to our actions or inactions related to user or third-party communications. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
All User Content and interactions with the Website Services must adhere to applicable laws and regulations. User Content should not be offensive, discriminatory, or violate the rights of others. It shall not promote illegal activities, impersonate, involve unauthorized sales, or appear to be endorsed by us if it is not.
We take copyright infringement seriously. To report suspected infringement, please provide our designated DMCA Agent with detailed information as specified under the Digital Millennium Copyright Act (“DMCA”). Failure to meet all DMCA requirements may affect the effectiveness of your notice. Valid notices will prompt appropriate actions as outlined in the DMCA.
Notifications of claimed copyright infringement should be sent to our designated DMCA Agent at the following address:
DMCA Agent
P.O. Box 673
Tenafly, NJ 07670
dmca@griffincaresfoundation.org
Counter-Notification Procedures
You may submit a counter-notification to our DMCA Agent if you believe your content was mistakenly removed. The counter-notification must include your contact details, a statement of good faith belief, consent to jurisdiction and service of process, and other detailed information as specified under the DMCA.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be advised that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Repeat Infringers
Our policy is to disable or terminate accounts of repeat infringers in appropriate circumstances.
You are advised to use good judgment if User Content includes sensitive and personal information about yourself or another. Protecting information provided by you is important for us, and we use care to have such discussions treated with respect, sensitivity, and confidentiality, including by applying confidentiality policies that govern access to and use of such information by our personnel. But it is important that you not divulge information that you are not comfortable sharing, or that could reveal sensitive information about others. You are also encouraged to take appropriate measures to secure your computer, communications tools and devices when using the Internet and only access the login sections of the Website Services when you are sure you have a secure computer and on a secure connection.
PLEASE REVIEW OUR PRIVACY POLICY FOR ADDITIONAL TERMS APPLICABLE TO USER CONTENT THAT CONSTITUTES PERSONAL DATA.
We grant you a limited, revocable, nontransferable and nonexclusive right to access and make personal use of the Website Services and the Content. In using the Website Services, you shall not, however, do any of the following:
· Make any commercial use of the Website Services or Content for personal financial benefit or the benefit of a third party;
· Create derivative works of the Content;
· Incorporate Content in another product or service;
· Use data mining, robots, or similar data gathering and extraction tools; or
· Use the Website Services in a manner contrary to applicable law.
Any unauthorized use of the Website Services or the Content automatically terminates the rights granted to you under these TOS. We reserve the right to block access, refuse services or remove or edit User Content in connection with the Website Services.
The Website Services (or any portion of the Website Services) and all of the Content (excluding your User Content) including, text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, “look and feel” and software, is the property of us or our licensors, and are protected by United States and international copyright laws. Except as provided in the next paragraph, you are expressly prohibited from reproducing, duplicating, copying, publishing, selling or otherwise exploiting for any commercial purpose the Content, in whole or in part, for any reason, unless prior written consent is obtained from the copyright holder(s).
You may use and view the Content for your personal use only, provided that such view and use is either within the Website Services or by manually downloading or printing certain of the Content. Any automated process or use of a bot for this purpose is strictly prohibited. Unless specifically authorized in writing by us, any other use of the Content, other than your User Content, is expressly prohibited. Otherwise, permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason is prohibited, unless prior written consent is obtained from the copyright holder(s). Any rights not expressly granted by these TOS (or any applicable end-user license agreements) are reserved by us.
THE WEBSITE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE SERVICES (INCLUDING LINKED WEBSITES), ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FURTHER, WE DO NOT WARRANT THAT THE WEBSITE SERVICES, CONTENT, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE SERVICES (INCLUDING LINKED WEBSITES), THEIR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR BACKING UP YOUR DATA ON YOUR COMPUTER HARD DRIVES SO THAT YOU CAN RECONSTRUCT ANY LOST DATA.
NO ORAL OR WRITTEN INFORMATION OR ADVICE CONTAINED IN THE SERVICES OR GIVEN BY US OR ANY OTHER PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, OUR EMPLOYEES AND REPRESENTATIVES) WILL CREATE A WARRANTY.
WITHOUT LIMITING THE FOREGOING, NO REPRESENTATIONS OR WARRANTIES ARE MADE REGARDING THE FOLLOWING:
· The accuracy, reliability, completeness, currency, or timeliness of Content, software, text, graphics, links, or communications provided on or through the use of the Website Services.
· The satisfaction of any government regulations requiring disclosure of information on medical products or service or the approval or compliance of any software tools with regard to the content contained on the Website Services.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THIS SECTION LIMITS OUR LIABILITY TO YOU.
UNDER NO CIRCUMSTANCES WHATSOEVER SHALL WE OR ANY OF OUR SPONSORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS OR ANY OTHER RELATED PERSONS OR ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR FOR ANY DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE SERVICES, ITS RELATED SERVICES AND PRODUCTS, CONTENT CONTAINED WITHIN THE WEBSITE SERVICES AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE SERVICES, ITS RELATED SERVICES AND/OR LINKED WEBSITES IS TO STOP USING THE WEBSITE SERVICES AND/OR THOSE SERVICES.
Certain state laws do not allow exclusion or limitation of liability. If you are protected by such laws, the foregoing exclusions and limitations will not apply.
Binding Arbitration
Any dispute or claim relating in any way to your access to and use of the Website Services will be resolved by binding arbitration, rather than trial by jury, except that you may make claims in small claims court if your claims qualify and we may bring suit in court to enjoin infringement or other misuse of our intellectual property rights or to protect the privacy rights of another individual.
You further agree with us that any dispute resolution proceedings will be conducted only on an individual basis and not in a class action, consolidated action or representative action.
Waiver of Trial by Jury
YOU ARE AGREEING TO WAIVE YOUR RIGHT TO TRIAL BY JURY, AND WE ARE AGREEING TO WAIVE OUR RIGHT TO TRIAL BY JURY (EXCEPT TO THE EXTENT EXPRESSLY STATED IN THE “BINDING ARBITRATION” PROVISION ABOVE).
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow this TOS as a court would.
How to Begin Arbitration Proceedings
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our address below. The arbitration will be conducted by the American Arbitration Association (referred to as “AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse such fees for claims totaling less than $250.00 unless the arbitrator determines the claims are frivolous. Likewise, we will not to seek attorneys’ fees and costs in arbitration, unless the arbitrator determines the claims are frivolous. You or we may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
These TOS will be governed by the laws of the State of New Jersey, without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and we agree to submit to the personal and exclusive jurisdiction of the state and federal courts within the jurisdiction of Bergen County, New Jersey. The failure to exercise or enforce any right or provision of these TOS will not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect.
If you have any questions, complaints or comments about this TOS, you can e-mail: info@griffincaresfoundation.org.
Griffin Cares Foundation
PO Box 673
Tenafly, NJ 07670
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