Terms of Service

TERMS OF SERVICE

Effective Date: May 24, 2018

 

The terms “we”, “us”, and “our” refer to Lupus Friends and Family Foundation Inc. (“Company”).

 

These Terms of Service (“Terms of Service”) apply when you use the Company website (www.lupusfriendsandfamily.org) and related platforms (“Sites”), or use or purchase our products (such as merchandise, articles, training material and events), or express interest in further information related to patient engagements (“Products”).  The term “user,” “you” and “your” refers to site users of the Site and customers of our Products.

 

By using the Sites and/or Products, you agree to these Terms of Service, our Privacy Police, which is incorporated herein, or any other written agreement that governs your use of our Sites and Products. You should not use our Sites or Products if you do not agree with the terms and conditions contained in such agreements.

 

ACCESSING THE SITES AND PRODUCTS

In order to access the Sites and/or online Products, you must obtain access to the World Wide Web through devices that access web-based content and pay any service fees associated with such access.

 

We reserve the right to modify, suspend or discontinue, whether temporarily or permanently, the Sites (or any part thereof) or Products, for any reason and without notice. You agree that Company shall not be liable to you or to any third party for any modification, interruption, suspension or discontinuance of the Sites and/or Products. We are not responsible for delay or failure of our performance of any of the features of the Sites and Products caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

 

FOR LAWFUL PURPOSES

To access or use the Sites or Products, you must be eighteen (18) years old or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Sites and/or Products.

 

You may use the Sites and/or Products for lawful purposes only. You agree to use the Sites and/or Products for legitimate, non-commercial purposes only. You shall not post or transmit through the Sites and/or Products any material which violates or infringes our rights, or the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

 

PRODUCTS

 

Product Description

While we try to be as clear as possible in explaining the Products, please do not accept the description as entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

 

Customer Account

Our Product purchases may be handled through third party providers, whom have their own privacy policies. In order to make such purchases, you may be required to create a Customer Account by providing information about yourself including your name, current email address, username, password and other personal information, which must be up-to-date to purchase and receive Products.

 

Refund Policy

The Refund Policies vary depending on the Product. Some purchases are none-refundable incl. event tickets and merchandise purchases at events. If your request for refund is declined by the Company, then you agree to accept the Company’s decision as final.

 

INTELLECTUAL PROPERTY POLICIES

The Sites and Products contain intellectual property owned by Lupus Friends and Family Foundation Inc. (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sites and Products, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. Without limiting the generality of the foregoing, you may not:

  • include such content in or with any product or service that you create or distribute;
  • reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Sites/Products, use of the Sites/Products, or access to the Sites/Products;
  • establish: (i) a hyperlink, including a deep link, to any page or location on the Sites/Products; or (ii) a frame containing any portion of the Sites/Products, on any other website or text document with hyperlink capabilities without the express written permission of the Company;
  • copy such content onto your or any other website or publication; or
  • direct any other person to do any of the foregoing.

 

We reserve the right to immediately remove your access to our Sites and Products, without refund, if you are found to be violating this intellectual property policy.

NO RESALE OF SITE OR PRODUCT CONTENT

You agree not to reproduce, duplicate, copy, sell, resell, create derivative works, or exploit, for any commercial or other purposes, any portion of the Sites and/or Products or content or other information or materials of any kind that you do not own without our express prior written consent.

 

THIRD PARTY LINKS AND ADVERTISING ON OUR SITES AND PRODUCTS

We may provide links to other websites or resources, which are not maintained by or related to us. Links to such sites are provided as a service to our users and customers and are not sponsored by, endorsed or otherwise affiliated with the Company. We have no control over these sites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, goods, services, materials or information contained on any such website. Therefore, you acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials made available on or from these linked websites. You also acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.

 

THIRD-PARTIES CONNECTING TO OUR SITES AND PRODUCTS

Company is not responsible for the content or practices of third-party websites that may be linking to our Sites and/or Products and Company and makes no representation or warranty regarding such third parties, their websites, their content, or their goods and services.

 

AFFILIATE LINKS

From time to time, Company may include affiliate links on its Sites and in its Products. This means that if you purchase an item using an affiliate link, the Company may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.

 

PUBLICLY SHARED INFORMATION NOT CONFIDENTIAL

You understand that information provided or shared with us directly or indirectly, on our Sites, social media platforms, chat rooms, discussion forums or message boards (whether in the form of emails, text messages, comments, audio calls, video calls, coaching calls, webinars, or otherwise) will be broadly available to other persons, both inside of and/or outside of the Company.

 

Also, any expressed opinion by another user is his or her own and should not be considered as reflecting the opinion of the Company.

 

USE OF YOUR FEEDBACK

By sending your feedback, comments, testimonials, reviews, case studies, images, videos and other personal information or opinions including creating posts on our Sites, you agree that the Company has the right to use such information whether in the form of emails, submissions, surveys, comments, discussions on the Sites and/or Product-related forums, phone calls, interviews, web-conferencing, or otherwise, for the purposes of marketing or promoting the Company Sites and Products. All events will be captured by photographers and/or videographers and by entering these events, you agree to having your images taken via photography, videography, and/or web-conferencing and that such images may be used for the purposes of marketing and promoting the Company Sites and Products.

 

ERRORS, INACCURACIES, AND OMMISSIONS

Information provided about or in the Sites and/or Products is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free.  Company disclaims all liability for any inaccuracy, error or incompleteness in the Sites and/or Products.

 

NO WARRANTIES

The use of the Sites and Products are at your sole risk. The Sites and Products are provided on an “as is” and “as available” basis. We make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, accuracy of the Sites and Products. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not implied to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

 

The Company makes no warranty that (1) The Sites and Products will meet your requirements, be timely, or error-free, (2) the qualify of any Products, services, information, or other material purchased or obtained through the use of our Sites and Products will meet your expectations, and 3) no advice or information, whether oral or written, obtained by you from us or through or from our Sites and Products shall create a warranty not expressly stated in these terms of service.

 

LIMITATION OF LIABILITY

To the extent permitted by law, we are not liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we have been advised of the possibility of damages in advance. Our liability to you or any third parties under any circumstances is limited to fifty US dollars ($50).

 

INDEMNIFICATION

You agree to indemnify, defend, and hold us, our subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney’s fees and related costs, made by or arising out of your use of our Sites and/or Products in violation of these Terms of Service and/or your violation of any rights of another or any applicable law, rule or regulation. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Sites and Products.

 

REFUSAL OF SERVICE

We reserve the right to refuse access to the Sites and/or Products to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Sites and/or Products, without refund, if you violate these Terms of Service or other agreements governing your use of the Sites and/or Products.

 

RELATIONSHIP OF THE PARTIES

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us by virtue of your use of the Sites and/or Products.  Furthermore, no professional client relationship is formed between you and Company by your use of the Sites and/or Products, unless you and the Company enter into a separate written agreement indicating our intention of entering into a professional client relationship with you.

 

NOTICES

Any notice or other communication to be given will be in writing to the physical address or email address noted below for the Company or to the last known physical address or email address associated with your Customer Account.

 

GOVERNING LAW

The Terms of Service shall be governed by the laws of the State of New York.

 

DISPUTE RESOLUTION

If a dispute arises under these Terms of Service, we agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in the state of New York. Any costs and fees associated with the mediation, other than attorney fees, will be shared equally by the both of us.

 

If the dispute is not resolved within thirty (30) calendar days after it is referred to the mediator, it shall be settled exclusively by submitting to binding arbitration in New York, NY. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.

 

If any court action is necessary to enforce these Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.

 

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

 

WAIVER

Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.

 

SEVERABILITY

If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 

ASSIGNMENT

These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid. Company may assign its rights and duties under these Terms of Service to any party at any time without notice to you.

 

ENTIRE AGREEMENT

These Terms of Service, along with the referenced Privacy Policy, and any other written agreement that governs your use of our Sites and Products, constitute the entire agreement between you and the Company with respect to the Sites and Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Sites and Products.

 

CHANGES TO TERMS OF SERVICE

We may amend these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on the Sites and/or Products. Any use of the Sites or Products by you after means you accept these amendments.

 

Questions or comments about the Terms of Service including the privacy policy can be addressed to:

info@lupusfriendsandfamily.com or

Lupus Friends and Family Foundation Inc.

1 N. 4th Place, PH2H, Brooklyn, NY 11249, USA.

 

PRIVACY POLICY

We take our obligations in respect of the privacy of personal data very seriously and hold ourselves to high standards to ensure your data is protected.

 

Data Security and Confidentiality

It is our policy to ensure, in so far as is reasonably practicable, that our systems and records are secure and not accessible to unauthorized third parties in line with contemporary practice.

 

Data collection

We limit our data collection to what is important and/or necessary. Your personal data may be vast or limited to an email address and/or name and/or nickname, and areas of interests pending on how much data you are willing to share with us. If you are not comfortable providing us with personal data, please do not send them to us through our Sites, Products, surveys, contests, email, conversations and more.

 

Use of Data

Your personal data may be used to:

–        assess suitability and contact you regarding potential opportunities and/or our             services

–        source potential patient engagement opportunities or roles as part of our patient             recruitment services

–        personalize your experience and our offering, whether via our Sites, Products, or             otherwise

 

Consent to our processing of your data:

We may process your personal data on the basis that you have consented to us doing so for a specific purpose, for example, if you apply for a specific activity, engagement or role. In other cases you may have provided your written or verbal consent to the use of your data for a specific reason.

 

You may withdraw your consent to our processing of your personal information for a particular purpose at any stage. Withdrawal of consent will, however, mean that you will not receive valuable information, videos, contest details, patient engagement opportunities and more.

 

If you do not wish us to process personal data in accordance with this policy, then please do not provide it to us. If you would like to be unsubscribe from our files, please send an email to info@lupusfriendsandfamily.org and write “remove from mailing list” in the subject line.

 

Data Sharing

We shall not share your personal information unless we are entitled to do so. The categories of persons with whom we may share your personal information include:

  • Individuals, hirers and other third parties necessary for the provision of our             recruitment services
  • Any regulatory authority or statutory body pursuant to a request for information or any legal obligation which applies to us
  • Parties who process data on our behalf, which may include
  • outsourced payroll providers
  • IT support
  • Storage service providers including cloud
  • Legal and professional advisers

 

Cookies

A cookie is a small file of letters and numbers that is downloaded on to your computer when you visit a website, which enables the website to tailor its offerings to your preferences when you visit it.

 

We use cookies. We use ‘Google Analytics’, which uses cookies to deliver its services.

 

‘Google Analytics’ collects anonymous statistical data about how you use our Sites. The information is used to track the performance of our website and help us improve the service we offer.

 

More information can be found here: Google’s Policies & Privacy

You can refuse the use of cookies by selecting the appropriate settings on your browser.

 

By using our Sites and Products you consent to ‘Google Analytics’ processing data about you, in the ways set out above.

 

Changes to this Privacy Policy

We may amend our Privacy Policy at any time for any reason. Such amendments are effective immediately upon notice to you by us posting the new Privacy Policy on the Sites and/or Products. Any use of the Sites or Products by you after such posting means you accept these amendments.

 

Your rights

We take the protection of your personal data very seriously and it is important that you know your rights within that context, which include rights to:

  • Request a copy of the personal data that we hold
  • Object to our processing of your data where that processing is based upon legitimate interest and there are no compelling grounds for the continued processing of that data
  • Request that we restrict processing of your data in certain circumstances
  • Request that data is erased where the continued use of that data cannot be justified
  • Object to any decision, which significantly affects you, being taken solely by a computer or via another automated process
  • Withdraw your consent to our processing of your personal data for a particular purpose at any stage. However, please note that we may continue to retain, or otherwise use your personal information thereafter where we have a legitimate interest or a legal or contractual obligation to do so. Our processing in that respect will be limited to what is necessary in furtherance of those interests or obligations
  • Request that inaccurate or incomplete data is rectified
  • Make a complaint to the Information Commissioner’s Office Request that direct marketing by us to you is stopped

 

Please note that should you exercise your right to request that we erase data or cease any processing activity, we may retain a record of this request and the action taken in order to both evidence our compliance, and to take steps to minimize the prospect of any data being processed in the future should it be received again from a third party source.

 

If you have any questions or complaints concerning your rights or should you wish to exercise any of these rights please contact info@lupusfriendsandfamily.org or Lupus Friends and Family Foundation Inc. 1 N. 4th Place, PH2H. Brooklyn, NY 11249, USA.