DANA-FARBER CANCER INSTITUTE, INC.
Giving Pages
TERMS AND CONDITIONS

By clicking the submit button, you have accepted the Terms and Conditions

The following terms constitute an agreement between (1) you and (2) Dana-Farber Cancer Institute, Inc., including its officers, directors, employees, sponsors, volunteers, agents, events and affiliations (collectively, “DFCI”), the operator of the Giving Pages website (the “Site”). This agreement (“Terms and Conditions”) governs your use of the Site. By using this service, by registering with DFCI, and/or creating or viewing an Honor Page you signify that you agree to the Terms and Conditions outlined below.

Use of Giving Pages
  1. Contributions to Giving Pages (e.g. messages, stories, tributes, photos, websites, data, music, sounds, or other material) are considered Postings (“Postings”). Postings made on an Honor Page may be viewed by the general public.
  2. All Postings must portray DFCI (as defined above) in a positive light. DFCI reserves the right to block your ability to post and/or access the Site if such Postings are deemed negative or inappropriate, in DFCI’s sole and absolute discretion.
  3. While some Postings and content are monitored for topicality, DFCI has no obligation to prescreen Postings, and is not responsible for its content. DFCI encourages you to notify DFCI of inappropriate or illegal content. DFCI reserves the right to remove Postings for any reason. DFCI is not responsible for any failure or delay in removing Postings. Postings simply provide an individual's thoughts and opinions and should not be relied upon.
  4. You agree you will not post any material that might infringe on the intellectual property, privacy, publicity or other proprietary rights of anyone else.
  5. You are permitted to post information and links for the purposes of requesting or making donations to funds that are associated with DFCI. You are advised to donate at your own risk. DFCI is not responsible for donation requests or payment links on Postings and expressly disclaims any liability associated with donations or related links.

Confidentiality
Use of Your Information

  1. DFCI does not rent, sell, or share personal information about you with other people or non-affiliated companies except when you have given your express permission, to provide products or services you request or as provided otherwise in this Agreement.
  2. DFCI reserves the right to use or share your information, Posting and/or the content therein, if DFCI believes it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, or any situation involving potential harm or threats to the physical safety of any person or property, violations of the DFCI Giving Pages terms of use, or as otherwise required by law.
Limited License and Restrictions on IP

  1. DFCI owns all personal information provided to it by individuals and collected in accordance with this policy.
  2. DFCI owns and will retain all right, title and interest in the Site and related content in perpetuity and throughout the universe, and is protected by U.S. and international copyright laws.
  3. Subject to these terms and conditions, DFCI grants you a limited, non-exclusive, revocable license to use this Site, including the creation and use of Postings. DFCI reserves the right to use or share your Posting and/or the content contained therein.
  4. The “DFCI marks”, including but not limited to DFCI and The Jimmy Fund names and the associated graphics, logos and service names are the trademarks or service marks of DFCI. You are not granted the right to use DFCI's marks, which shall remain the property of DFCI.
  5. You may request the use of DFCI’s marks for promotional, event-related or advertising purposes. All requests and uses must be reviewed and approved by DFCI. Postings and related content must be in compliance with local, state and federal rules and regulations. Please contact the Jimmy Fund Special Events office at 1-800-52-JIMMY or the Jimmy Fund Golf Program at 1-866-521-4653 to request approval to use DFCI’s marks, to organize an event/tournament to benefit DFCI, or to request additional information.
Restrictions

  1. By accessing this Site and/or Postings, you agree to the following:
    1. Giving Pages should not be used for advertising or event-related purposes;
    2. You will not Post any material that might infringe the intellectual property, privacy, publicity or other proprietary rights of anyone else;
    3. You will not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM;
    4. You will not interfere with or disrupt the Site's services or systems;
    5. You will not transmit or post any materials that contain viruses, Trojan horses or other harmful programs;
    6. You will not attempt to gain unauthorized access to the Site, profile information or any DFCI website;
    7. You will not provide false information on your registration form, impersonate any person or otherwise mislead anyone on the Site;
    8. You will not use any robot, spider, scraper or other automated means to access the Site in a manner that sends more request messages to DFCI servers in a given period of time than a person can reasonably produce in the same period.
  2. DFCI may take any legal and technical action to prevent the violation of this provision and to enforce these Terms and Conditions.
No Representations or Warranties

  1. This site is provided by DFCI on an “as is” basis. DFCI makes no representations or warranties of any kind, expressed or implied, as to the operation of the Site, the information, content, materials or products, included on the Site.
  2. To the full extent permissible by applicable law, DFCI disclaims all warranties, expressed or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, trade usage and noninfringement.
  3. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. DFCI PROVIDES THE SITE AND THE SERVICES “AS IS”. TO THE FULLEST EXTENT PERMITTED BY LAW, DFCI (AS DEFINED ABOVE) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY AND COURSE OF DEALING. DFCI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR POSTING, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION IN THE SERVICES OR THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL PROGRAMS TRANSMITTED THROUGH THE SITE; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON THE SITE. DFCI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE MENTIONED ON THIS SITE. You may have additional consumer rights under your local laws that this contract cannot change. You use the Site and the Services at your own risk.
  4. YOU SHOULD NOT RELY ON ANY INFORMATION ON THIS SITE, A POSTING OR RELATED CONTENT AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. UNIQUE CIRCUMSTANCES AND DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL INFORMATION THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THIS SITE WILL BE APPLICABLE TO A PARTICULAR SITUATION OR INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. Your access or use of this Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on DFCI's part or the part of DFCI's agents and suppliers. DFCI does not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk.
  5. The Site and Services, including the information provided on the Site, are designed for and intended for users in North America. DFCI makes no representation that the Site or services are applicable to, appropriate for, or available to users in locations outside North America. Accessing the Site and services from territories where the content is illegal is prohibited. If you choose to access the Site and services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
Limitations on Liability

  1. DFCI and its affiliates shall not be liable for any loss of use, loss of data, interruption of business, lost profits or any direct, indirect, special, incidental, punitive and consequential damages of any kind, regardless of the form of action whether in contract, tort, negligence, strict liability or otherwise, arising from the use, misuse of or the inability to use or in any way related to this Site, a linked site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to DFCI’s records, programs, or services, even if DFCI has been advised of the possibility of such losses or damages.
  2. The Site may include links to other websites, including links that may be provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that DFCI endorses these sites or the products and services they provide. BY USING THE SERVICE, REGISTERING WITH DFCI AND/OR CREATING A POSTING, YOU ACKNOWLEDGE AND AGREE THAT DFCI IS NOT RESPONSIBLE OR LIABLE FOR THE CONTENT OR ACCURACY OF THESE OTHER SITES. These limitations on liability include, but are not limited to, the transmission of any viruses which may infect your equipment, failure of equipment or communication lines, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. In no event will DFCI be liable for the procurement of substitute services. The cumulative amount of DFCI's liability to you will in no event exceed $100.
  3. Although DFCI will use commercially reasonable efforts to address any problems or concerns regarding the Site or services, if you continue to be dissatisfied with this site or related services, your only remedy is to discontinue using the Site, discontinue accessing the Posting and/or terminate your registration.
Special Note for Parents

This site is a general audience site and not designed or intended to attract children 13 and younger. DFCI does not collect personal information from any person it actually knows is 13 or younger. Parents and guardians permitting those children who are 13 years of age or younger to use the Site, should be aware that any information voluntarily given by children may be viewed by third parties. If you have any questions regarding children's access and use of the Site, please send an email to giving_pages@dfci.harvard.edu.

Restriction on Funds

Restricted Funds: All revenue received by DFCI through the Giving Pages, unless otherwise approved by DFCI, shall be used for cancer research and patient care. Please contact giving_pages@dfci.harvard.edu if you wish to restrict to a specific fund or purpose.

Termination

  1. DFCI reserves the right to terminate the Site or a Posting for any reason, including inactivity for an extended period. DFCI or its agent may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms and Conditions or other DFCI policies. Your right to use the site and related services will end when your registration is cancelled or terminated, and any data you stored will no longer be available, unless DFCI is required to retain it by law.
  2. You can terminate your use and account of your Site at any point in time by sending DFCI a request at giving_pages@dfci.harvard.edu. Termination of your account may take up to 5 business days.
Policy Changes

DFCI may update these terms of use at any time. DFCI may change these Terms and Conditions at any time, as DFCI deems appropriate. If DFCI makes changes that we believe will have a material impact on your use of the Site, we will let you know by sending you an email if we have a current email address for you, and by noting on the Site that the Terms and Conditions have been updated. If you disagree with the changes to these Terms and Conditions, discontinue your use of the Site, or if you have registered as a member, cancel your registration. YOUR ONGOING USE OF THE SITE AFTER THE CHANGES TAKE EFFECT SIGNIFIES YOUR AGREEMENT TO THE NEW TERMS. DFCI ENCOURAGES YOU TO REVIEW THE TERMS AND CONDITIONS REGULARLY.

Indemnification

By using this site, you agree to defend, indemnify and hold harmless DFCI (as defined above) from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Site, a Posting and/or the related services or any breach by you of these Terms and Conditions. DFCI reserves the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with DFCI in asserting any available defenses.

Governing Law/Jurisdiction

All issues and questions concerning the construction, validity and interpretation and enforceability of these Terms and Conditions or the rights and obligations of users in connection with the Site and/or Postings shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.

Entire Agreement

This contract and any supplemental terms, policies, rules and guidelines posted on the Site constitute the entire agreement between you and DFCI and supersede all previous written or oral agreements. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.