Your use of the Websites constitutes Your agreement and acceptance without change of and to the terms and conditions of this Agreement. In addition, as a condition of Your use of the Websites, You represent and warrant to THE LEWIN FUND that You will not use the Websites for any purpose that is unlawful or prohibited by this Agreement. If You do not agree to and accept this Agreement and the terms and conditions hereof, Your use of the Websites is prohibited. Other than this Agreement, THE LEWIN FUND will not enter into any agreement with You or have any obligation to You through the Websites, and no attempt to create such an agreement will be effective.
BY ACCESSING, BROWSING OR USING THE WEBSITES, YOU ACKNOWLEDGE THAT:
.IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE ACKNOWLEDGEMENT SET FORTH IN PARAGRAPHS 1-4 ABOVE, THEN DO NOT BROWSE OR USE THE WEBSITES, AND, MOREOVER, THE LEWIN FUND DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE WEBSITES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT.
You agree by accessing, browsing or otherwise using the Websites, the Websites and the Content are and remain the sole property of THE LEWIN FUND or third-party providers, as applicable. Except as expressly permitted by THE LEWIN FUND in writing, You agree that Your license to access, browse and/or use the Websites and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Websites and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content solely for Your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that You download, create, generate, store and/or print, You will reproduce and include all copyright and other proprietary notices included in such Content.
Except as expressly permitted by THE LEWIN FUND in this Agreement or otherwise in writing, You will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of this the Websites or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, You shall not use any keywords, metatags, meta elements, “hidden text” or other equivalents using the names “Sharyn N. Lewin Fund for Gynecological Oncology Research, Inc.”, “The Lewin Fund to Fight Women’s Cancers”, “Lewin”, “THE LEWIN FUND”, “Sharyn N. Lewin”, or any other colorable equivalent without the prior written authorization of THE LEWIN FUND.
You acknowledge and agree that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than information given in connection with registration) to THE LEWIN FUND through the Websites (individually and collectively, “Submissions”), You (i) grant THE LEWIN FUND a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created without attribution; (ii) grant THE LEWIN FUND the right to pursue at law any person or entity that violates Your and/or THE LEWIN FUND’s rights in Your Submissions; and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submissions, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submission or any derivative thereof. You further acknowledge and agree that Your Submissions are non-confidential and do not contain proprietary information.
With respect to Your Submissions, You acknowledge, warrant and agree that:
THE LEWIN FUND retains the right to review and delete from the Websites any Submissions which THE LEWIN FUND in its sole discretion considers illegal, offensive, obscene, abusive, commercial in nature, infringing, inappropriate or otherwise violates the terms and conditions of this Agreement. If notified of an allegation that the Websites contain infringing information, materials or other content, THE LEWIN FUND may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the same from the Websites. Notices to THE LEWIN FUND regarding any alleged copyright infringement should be sent to THE LEWIN FUND at firstname.lastname@example.org.
THE LEWIN FUND may monitor or review any areas on the Websites where Users transmit or post communications or communicate solely with each other for the purpose of promoting its efficiency, usefulness, appropriateness of use and compliance with this Agreement. However, THE LEWIN FUND does not undertake to monitor or review every posting or communication, and THE LEWIN FUND disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
THE LEWIN FUND is not responsible for screening, policing, editing or monitoring the Submissions and other third party statements posted on the Websites, including, without limitation, all third party advertising posted on the Websites. While THE LEWIN FUND, from time to time, may monitor the content of the Submissions and other third party communications posted on the Websites, THE LEWIN FUND does not endorse, support, sanction, encourage, verify, or necessarily agree with the Submissions and other comments, opinions, or statements posted by on the Websites by Users and other third parties. Any information or material placed on the Websites by Users or other third parties, including advice and opinions, are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of THE LEWIN FUND. THE LEWIN FUND reserves all of its rights to discontinue in its sole discretion the services provided on the Websites in general or to any User at any time.
All right, title and interest in and to the Websites and the Content and all intellectual property rights embodied therein, are the property of THE LEWIN FUND or its licensors or suppliers. The Websites and the Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by this Agreement or by THE LEWIN FUND’s express authorization. Requests for permission to reproduce any of the Content may be made by sending an e-mail to email@example.com.
“Sharyn N. Lewin Fund for Gynecological Oncology Research, Inc.,” “The Lewin Fund to Fight Women’s Cancers”, and “THE LEWIN FUND”, “YES! TO TOMORROW”, and are trade names and trademarks (individually and collectively, “the THE LEWIN FUND Trademarks”) owned by THE LEWIN FUND. All other trademarks, service marks, domain names, logos, and company names (collectively “Other Trademarks”) displayed or referred to on the Websites are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of THE LEWIN FUND or their respective owners.
Except as provided in this Agreement, THE LEWIN FUND does not grant You any rights in or to the THE LEWIN FUND Trademarks or the Other Trademarks. You agree that You shall not use the THE LEWIN FUND Trademarks or the Other Trademarks in any manner inconsistent with the provisions of this Agreement, without the prior written authorization of THE LEWIN FUND or the respective owners of the Other Trademarks as the case may be. Requests to use the THE LEWIN FUND Trademarks or other THE LEWIN FUND trademarks for purposes other than stated in this Agreement may be made by sending an e-mail to firstname.lastname@example.org.
Without limiting anything else contained in this Agreement, You agree and acknowledge that the Content, Submissions, databases used to store the Content and Submissions (“Databases”) and any other information contained therein are valuable intellectual property owned by or licensed to THE LEWIN FUND, and that no proprietary rights therein are being transferred to You by this Agreement.
You will not, directly or indirectly:
You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, Submissions, Databases and any other information contained therein will cause irreparable harm to THE LEWIN FUND and that in such event money damages will not constitute sufficient compensation to THE LEWIN FUND; consequently, in the event that You, directly or indirectly, misappropriate or misuse of the Content, Submissions and any other information contained therein, You specifically consent to THE LEWIN FUND obtaining injunctive relief against You in addition to any other legal or financial remedies to which THE LEWIN FUND may be entitled.
THE LEWIN FUND vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, THE LEWIN FUND will prosecute any unauthorized use or reproduction of any of the Content, Submissions and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
THE LEWIN FUND may at times require that You register and/or set up an account to use certain portions of the Websites, or the Websites as a whole. In order to do so, You may be provided, or required to choose, a password, user ID, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by You is accurate and up-to-date. If any of Your Registration Information changes, You must update it by editing Your registration profile on the Website.
If You register and/or set up an account on the Websites, You will be solely responsible for maintaining the confidentiality of Your Registration Information. You may not authorize others to use the Websites, and You are responsible for all use by You and those You allow to use the Websites. You may not sub-license, transfer, sell or assign Your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
You are solely responsible for all usage or activity on Your account including, but not limited to, use of the account by any person who uses Your Registration Information, with or without authorization.
There may be circumstances where access to the Websites is provided by a hypertext link located at another website. THE LEWIN FUND has no responsibility for the content of such other website, THE LEWIN FUND does not make any representations or give any warranties or conditions with respect to any information contained in or at such other website and You acknowledge and agree that THE LEWIN FUND shall not be liable for any damages or injury resulting or arising from the content of or access to such other website. THE LEWIN FUND does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Websites. Unless approved in writing in advance by THE LEWIN FUND, You agree not to: (i) provide or create a link to the Websites; or (ii) create any frames at any other sites pertaining to any of the Content located at the Websites. You also agree not to post any materials at the Websites without the express written permission of THE LEWIN FUND.
We have extensive security measures in place to protect the loss, misuse and alteration of the information stored in our database. We will exercise reasonable care in providing secure transmission of information between Your computer and our servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure.
THE INFORMATION AND MATERIALS ON THE WEBSITES ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE. THE WEBSITES ARE OPERATED BY THE LEWIN FUND ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SHARYN N. LEWIN FUND FOR GYNECOLOGIC ONCOLOGY RESEARCH, INC., ITS RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, "THE LEWIN FUND BUSINESSES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEBSITES FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE LEWIN FUND BUSINESSES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER THE LEWIN FUND BUSINESSES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITES, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITES OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITES. YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE LEWIN FUND BUSINESSES, THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITES, THE MATERIALS IN THE WEBSITES, THE DELAY OR INABILITY TO USE THE WEBSITES OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE LEWIN FUND BUSINESSES NOR ANY OF THEIR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE LEWIN FUND BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITES IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
THE LEWIN FUND BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITES IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
THE LEWIN FUND’S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF THE LEWIN FUND’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE WEBSITES OR INFORMATION PROVIDED TO OR GATHERED BY THE LEWIN FUND WITH RESPECT TO SUCH USE.
FOR THE AVOIDANCE OF DOUBT, THE INFORMATION AND MATERIALS ON THE WEBSITES ARE FOR GENERAL INFORMATION PURPOSES ONLY. THE WEBSITES ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE AND THEREFORE SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS AND HISTORY. THE LEWIN FUND BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITES IS APPLICABLE OR APPROPRIATE FOR USE IN CONNECTION WITH MEDICAL OR HEALTH ADVICE OR EVALUATION. YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK.
The information on the Websites may contain typographical errors or inaccuracies and may not be complete or current. THE LEWIN FUND therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including as to orders of merchandise after You have submitted Your order). Please note that if the Websites have products for sale, such errors, inaccuracies or omissions may relate to product description, pricing and availability. THE LEWIN FUND apologizes for any inconvenience this may cause You. If You are not fully satisfied with Your online purchase from the Websites You may return it in accordance with our Return Policy.
If You have any questions about this Agreement or the Websites, please send us an email to email@example.com or write us at:
Sharyn N. Lewin Foundation for Gynecologic Oncology Research, Inc.
Although THE LEWIN FUND will in most circumstances be able to receive Your email or other information provided through the Websites (including, without limitation, service requests and other submissions), THE LEWIN FUND does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE LEWIN FUND AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
You absolve and release THE LEWIN FUND and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which THE LEWIN FUND or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
This Agreement will take effect at the time You click “I Agree” or access, browse or use the Websites or any of the Content, and continues in perpetuity unless terminated by You and/or THE LEWIN FUND. THE LEWIN FUND reserves the right, at any time and for any reason, without notice to You, (i) to deny You access to the Websites and any of the Content; (ii) to change, remove or discontinue the Websites any of the Content or services available on or through the Websites; or (iii) to terminate this Agreement.
You may terminate this Agreement at any time by destroying: (a) all of the Content obtained from the Websites, including, without limitation, permanently deleting all of the Content You have copied or stored on any computer and any media; and (b) all related documentation. In addition, and upon THE LEWIN FUND’s request, You agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this Agreement which by their nature are intended to survive and will survive the termination or expiration of this Agreement for any reason.
Any notice or other document or communication required or permitted hereunder to THE LEWIN FUND will be deemed to have been duly given only if in writing and delivered by any of the following methods:
Notices to THE LEWIN FUND shall be deemed delivered when actually received by THE LEWIN FUND.
Any notice or other document or communication from THE LEWIN FUND required or permitted hereunder will be sent to the e-mail address that You provide when You register with the Websites. Such notice will be deemed received by You the business day after the e-mail is sent.
Should You elect to send or receive e-mail communications of any kind to or from THE LEWIN FUND, You represent and warrant to THE LEWIN FUND that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
Except as set forth otherwise herein, THE LEWIN FUND controls and operates the Websites from the United States of America and makes no representation that the Content is appropriate or available for use in other locations. You are responsible for compliance with applicable local laws including, without limitation, all export and import laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (ii) to anyone in the U.S. Treasury Department’s Specially Designated national list, or (iii) to anyone on the U.S. Commerce Department’s Table of Denial Orders. If You download or use the Content, You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.
Access, browsing and use of the Websites, the Content and this Agreement, and all matters or issues collateral thereto are all governed by United States federal law and/or the laws of the State of New York, without regard to any conflict of laws provisions that would refer to and/or apply the substantive laws of another jurisdiction. The Convention on International Sale of Goods shall not apply to any sale or other transaction made through the Websites.
SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW YORK, USA. YOU AND THE LEWIN FUND AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
No delay or omission by THE LEWIN FUND to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of this Agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by THE LEWIN FUND of any of the covenants, conditions or Agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or Agreement herein contained.
If any portion of this Agreement is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
THE LEWIN FUND is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between the parties.
THE LEWIN FUND reserves the right, at its sole discretion, to change, alter, amend or otherwise modify this Agreement from time to time. After any such modification becomes effective, THE LEWIN FUND will deem Your continued use of the Websites or any of the Content to constitute Your acceptance of and agreement to such modification.
This Agreement constitutes the entire agreement between You and THE LEWIN FUND with respect to Your use of the Websites and the Content, and supersedes any and all prior understandings or agreements between You and THE LEWIN FUND, whether written or oral. You acknowledge that, in providing You access to and use of the Websites and the Content, THE LEWIN FUND has relied on Your acceptance of this Agreement.
© 2014 The Lewin Fund to Fight Women’s Cancers. All Right Reserved