These Terms and Conditions of Use ("Agreement") constitute a legal agreement between you and Donor Fuse Inc. (hereinafter referred to as "Website Owner"), the owner and developer of www.donorfuse.com. By registering for any service provided on www.donorfuse.com, you become a client ("Client") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY WWW.DONORFUSE.COM SERVICE. The Terms are subject to change at any time.
BY CLICKING THE "I AGREE" BUTTON ABOVE, YOU AGREE THAT YOU HAVE READ, THAT YOU UNDERSTAND, AND THAT YOU AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO [web address/link]. WWW.DONORFUSE.COM RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
1. Limitations of Liability and Indemnification. By using any services provided by www.donorfuse.com, you agree that in no event will www.donorfuse.com, Website Owner, each of its respective officers, employees, agents, affiliates, licensees, and web hosting services be liable for any direct or indirect, incidental, special, or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by www.donorfuse.com or Website Owner shall be a return of any fees paid to www.donorfuse.com or Website Owner for any services provided under this Agreement. You indemnify and agree to defend and hold harmless www.donorfuse.com, Website Owner, each of its respective officers, employees, agents, affiliates, licensees, and web hosting services, and third parties for any losses, costs, liabilities, and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of www.donorfuse.com, including any breach by you of the Terms contained in this Agreement.
2. Responsibility for Use of Website. You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of the services provided on www.donorfuse.com.
3. Do Not Rely on www.donorfuse.com. Opinions, advice, statements, or other comments should not necessarily be relied upon and are not to be construed as legal, tax, accounting, or other professional advice from www.donorfuse.com or Website Owner. Www.donorfuse.com and Website Owner do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
4. Warning re: Offensive Information. It is possible that by using your e-mail address, other people may, through other means outside the control of www.donorfuse.com, have access to personal information about you. Www.donorfuse.com, Website Owner, and each of its respective employees, agents, affiliates, licensees, and web hosting services are not responsible for these transmissions or for the release of such information by others about you.
5. Right to Monitor. www.donorfuse.com and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.
6. Confidentiality. It is agreed that all personal information given to www.donorfuse.com or Website Owner, will be kept confidential by www.donorfuse.com and Website Owner, with the following exceptions: (1) basic identifying information provided by you in establishing a user ID and profile will be posted with your user ID for others to view; (2) information that you actively choose to post your personal information for others to see will be seen by such others; (3) your e-mail address will be disclosed to third parties whom you contact by email via www.donorfuse.com; (4) you have harassed another person via any service provided by www.donorfuse.com, in which case the confidentiality clause contained in this Agreement is rendered null and void.
7. Ownership, Copyrights, Trademarks, Licenses. Www.donorfuse.com and Website Owner own and retain all proprietary rights to the www.donorfuse.com service, its trademarks, copyrights, and other intellectual property. You are not authorized to reproduce, transmit or distribute the proprietary information of www.donorfuse.com and Website Owner except for such information that is in the public domain. By posting information to www.donorfuse.com and Website Owner, you represent that you have the right to grant permission for use by www.donorfuse.com and Website Owner.
8. No Warranties. Www.donorfuse.com and Website Owner provide the www.donorfuse.com services on an "as is" basis and do not extend or offer any warranty, express, implied, limited, or other with respect to the services provided. Specifically, www.donorfuse.com and Website Owner do not warrant that the service will always be available, be uninterrupted, be error free, or meet your requirements, nor that any defects in the services will be corrected.
9. Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of New York, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before a court of competent jurisdiction asserting such jurisdiction for Rockland County, New York, and you consent, and shall not object, to the jurisdiction of any such court, nor to its venue or forum.
10. Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
11. Certification. You certify that you are at least 18 years of age, that your answers to the registration materials on www.donorfuse.com will be truthful, and that you are authorized to provide any information that you so provide on behalf of a third party, including any legal entity, regarding such party. In accessing and using www.donorfuse.com, you understand and agree that basic identifying information concerning you, or any third party, including and legal entity, given to www.donorfuse.com, may be published on the website for others to view along with the applicable User ID.
12. Entire Agreement. This Agreement constitutes your entire Agreement with www.donorfuse.com and Website Owner with respect to any services.
13. Waiver. The failure of www.donorfuse.com or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by www.donorfuse.com or Website Owner must be in writing and signed by an authorized representative of the Website Owner.
You understand and agree that clicking or pressing on the "I agree" button is the electronic equivalent of a written signature on this document.