TERM AND CONDITIONS
Last Revised: February, 2017
Cmax Foundation is a nonprofit 501(c)(3) public charity. We are glad to have you as part of our community. These terms (these “Terms“) apply to your use of cmaxfoundation.org and any related websites (the “Site”) of Cmax Foundation (“Cmax System,” “we,” “us” or “our“).
Accepting these Terms
If you access or use the Site, it means you agree to be bound by all of the terms below. Please read all of the terms before you use the Site. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Site.
Changes to these Terms
We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. For example, we may change these Terms if we come out with a new feature. If we make changes, we will provide notification by revising the date at the top of the policy. Any changes we make to these Terms will be effective when we post them. If you use the Site after we have posted the changed Terms, then you have accepted the changes to these Terms.
Description of the cmaxfoundation.org site
Through the Site, you can support the Cmax Foundation’s programs and campaign in various ways, such as sharing your story, learning more about our efforts, and making a donation. Further, the Site may also provide you with access to features and content that are provided by Cmax Foundation.
Right to Use the Site
On the condition that you fully comply with these Terms, Cmax Foundation grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Site. Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Site; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Site; (c) disassemble, decompile or reverse engineer any of the software components of the Site; (d) copy, frame or mirror any part of the Site; (e) interfere with or disrupt the integrity or performance of the Site; or (f) attempt to gain unauthorized access to the Site or its related systems or networks.
Cmax Foundation’s Rights
As between you and Cmax Foundation, all information, materials and content of the Site, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Cmax Foundation or is used with permission. Cmax Foundation reserves all rights not expressly set forth in these Terms.
Any suggestions, comments or other feedback you give us about the Site, Cmax Foundation, or Cmax System will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
Third Party Materials
We may make third party content or services available on or through the Site as a convenience to our users (for example, links to third party websites) (“Third-Party Materials“). We do not control or endorse any Third-Party Materials nor are we responsible for reviewing and confirming the accuracy of any Third-Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third-Party Materials, are solely between you and the applicable third party. When you leave our Site, you should be aware that these Terms and all other Cmax Foundation policies no longer govern your use of other websites and services. Disclaimers
THE SITE AND ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (INCLUDING THIRD-PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (INCLUDING THIRD-PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
Limitation of Liability
IN NO EVENT WILL CMAX FOUNDATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY OTHER SITE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (INCLUDING THIRD-PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES.
You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Site or violation (or alleged violation) of these Terms or the rights of any third party by you.
Changes to the Site
Cmax Foundation reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Site and/or any features, information, materials or content on the Site with or without providing notice to you. Cmax Foundation will not be liable to you or any third party for any changes or discontinuance of the Site or any part of the Site.
Consent to Electronic Communications
By using the Site, you agree that we may communicate with you electronically regarding your use of the Site and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at firstname.lastname@example.org.
Your use of the Site is subject to all applicable local, state, national and international laws and regulations. These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the District of Columbia applicable to agreements made and to be entirely performed within the District of Columbia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in the District of Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Enforcement of these Terms is solely at the Cmax Foundation’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, “including” means “including (without limitation).” The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms.