IMPORTANT– THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ENDOMETRIOSIS FOUNDATION OF AMERICA, INC. (“ EndoFound” OR “WE” OR “US” OR “OUR”). THE WEBSITE, LOCATED AT WWW. EndoFound.ORG (THE "WEBSITE"), IS OWNED AND OPERATED BY ENDOMETRIOSIS FOUNDATION OF AMERICA, INC. BEFORE ACCESSING OR USING ANY PART OF THE WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (THE “TOU”). YOUR ACCESS TO AND USE OF THE WEBSITE ARE SUBJECT TO THESE TERMS OF USE, AS WELL AS TO ALL APPLICABLE LAWS AND REGULATIONS, AND ALONG WITH ANY OTHER TERMS AND CONDITIONS AS MAY BE SET FORTH BY EndoFound.
EndoFound IS WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE MODIFIED BY EndoFound FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH MODIFIED TERMS OF USE IF YOU CONTINUE TO USE THIS WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.
TERMS AND CONDITIONS
Description of EndoFound and The Website
The Endometriosis Foundation of America strives to increase disease recognition, provide advocacy, facilitate expert surgical training, and fund landmark endometriosis research. Engaged in a robust campaign to inform both the medical community and the public, EndoFound places particular emphasis on the critical importance of early diagnosis and effective intervention while simultaneously providing education to the next generation of medical professionals and their patients. The Website provide users with access to a variety of information and resources, including e-newsletters, works of authorship, blogs, event-related materials, videos, and other relevant content (collectively, the “Content”), as well as a variety of information, educational materials and medical resources related to Endometriosis (the “Treatment Resources”).
Registration; Personal Information
You can visit the Website and access some of the Content, Treatment Resources, features and functionality without being required to provide us with any personal information. However, certain Content, Treatment Resources, features, and functionality will require that you either register or provide us with some personally identifying information about yourself, as more specifically detailed in our privacy policy, located here.
You will also have the option of storing credit card information in order to easily facilitate future donations, as further described below.
AGE REQUIREMENTS
The EndoFound Website is intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Website by anyone under 13 is unauthorized. If you are 13 or older but under the age of 18, you should review these TOU with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website with their permission and under their supervision. Additionally, you have to be 18 years of age or older to make a donation. If you are a parent or guardian of a child who is at least 13 years of age, but under the age of 18, and you give your child permission to use the Website, you hereby agree to the terms set forth in these Terms of Use on behalf of both yourself and your child.
If you reside in a jurisdiction that would restrict the use of the Website - or any of the functionalities or features offered via the Website - because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Website if you are not permitted to do so by such local jurisdiction. Please note, if you reside in the European Economic Area, Switzerland or the United Kingdom, you must be 16 years of age or older, and any registration by, use of or access to the Website by anyone under 16 is unauthorized.
Intellectual property rights
Trademarks and Service Marks
Certain trademarks are the service marks and trademarks of EndoFound. All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of EndoFound. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from these websites without the prior written authorization of EndoFound or their respective owners. ?
Copyright
Except as otherwise expressly stated, all Content appearing on the Website – including all scripts, videos, and similar materials, is the copyrighted work of either EndoFound or third party partners and suppliers and is protected by the U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content is also the exclusive property of EndoFound and is protected by the U.S. and international copyright laws. Except as otherwise expressly stated herein or as expressly permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of EndoFound, or any applicable third-party suppliers or authorized users. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by EndoFound. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. EndoFound does not warrant nor represent that your use of any Content or materials displayed on the Website will not infringe rights of third parties.
Takedown Notice
If you believe that any content, pictures or images on these Website violates or infringes upon your intellectual property rights or someone else’s intellectual property rights, please contact us at [info@ EndoFound.org] and provide enough information to enable the EndoFound to understand what content, pictures or images are an issue, and provide contact information so that we can contact you with any questions or follow up.
EndoFound License Grant
This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to access the Website solely for your own personal use. Your use of the Website, Treatment Resources and the Content, including any images, videos, materials or information made available through the Website are conditioned on your continued compliance with the terms and conditions of these TOU. Accordingly, you expressly acknowledge and agree that EndoFound transfers no ownership or intellectual property interest or title in the Content.
Reservation of Rights
EndoFound reserves the right, in its sole discretion and at any time, to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Website, in whole or in part, including, as we deem necessary for purposes of maintenance, upgrades and the like, or to maintain the Website or to comply with applicable law. EndoFound shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Website.
Payments and Payments Processing; Rules for All Payments
You can make an online donation to EndoFound. EndoFound has engaged the services of third party payment service provider(s) to process all donation/payment transactions. EndoFound is not affiliated with any such third party payment service provider(s), and neither is the agent or employee of the other, and EndoFound is not responsible in any way for the actions or performance (or lack thereof) of such third party payment service provider(s). Accordingly, EndoFound expressly disclaims responsibility and liability for all payment processor services, and you hereby agree that EndoFound shall not be responsible for any loss or damage of any sort incurred as a result of such services. Additionally, since such third party payment service provider(s) will have access to the information you provide to them when making a donation, you should not make a donation if you are not comfortable with sharing your information with these third parties.
You hereby acknowledge and agree that for all donations, (1) you will not use an invalid or unauthorized credit or debit card or other payment methods; (2) all donations are final and non-refundable. If you have any questions regarding any donation, please contact us by phone at [ ] or by email at
Organizing Events
We allow you to organize and run an EndoFound event. In order to do so, you must register online, complete an application, and adhere to a variety of requirements, rules, and standards. While we make good-faith efforts to support you in your effort to organize and run an EndoFound event, we do not guarantee that you will be able to do so, nor do we make any assurances as to the success of such event.
Blogs and Stories
The Website contains blogs and stories. The content, views, and opinions published in blogs and stories may be written by employees, volunteers or unaffiliated third party contributors. All blogs and stories belong solely to their respective authors and do not necessarily reflect the views of EndoFound, its management or employees. EndoFound is not responsible for and disclaims any and all liability for the content of the blogs and stories. If you provide us with a blog or story, you grant to us an exclusive, worldwide, royalty-free license to display the blog or story on the Website.
Additional Acknowledgments.
You hereby agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the EndoFound Website and all Content. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the EndoFound Website is solely at your own risk. While EndoFound has endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to/from the EndoFound Website over the Internet or other forms of the global communication network cannot be guaranteed. Accordingly, EndoFound is not responsible for the security of any information transmitted to or from the Website.
Prohibited Use/Activities
In addition to any other restrictions or conditions of use, you hereby acknowledge, and represent and warrant, that your use of the Website, including any prayer requests or submissions - will not be, or alleged to be:
(1) unlawful, unauthorized, fraudulent or malicious in purpose;
(2) false, offensive, abusive, libelous, hateful, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, pornographic;
(3) an invasion another's right of privacy or publicity;
In addition, you agree you will not:
(4) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or Content or in any way;
(5) modify or make derivative works based upon the Website or Content;
(6) create Internet “links” to the Service or “frame” or “mirror” the Website on any other server or wireless or Internet-based device;
(7) reverse engineer or access the Website in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Services or Application, or (c) copy any ideas, features, functions or graphics of the Services or Application;
(8) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or Website;
(9) interfere with or disrupt the integrity or performance of the Website or the data contained therein, or attempt to gain unauthorized access to the Website or its related systems or networks.
EndoFound will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that EndoFound has no obligation to monitor your access to or use of the Website, but has the right to do so for the purpose of operating the Website and providing the Services, to ensure your compliance with these TOU, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Health Care Disclaimer
THE CONTENT AND TREATMENT RESOURCES OFFERED ON THE WEBSITE IS INTENDED TO EDUCATE USERS ON HEALTH CARE AND MEDICAL ISSUES RELATED TO ENDOMETRIOSIS. NOTHING IN THE CONTENT OR TREATMENT RESOURCES SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THIS WEBSITE SITE AND ITS CONTENT AND TREATMENT RESOURCES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDER FOR SPECIFIC GUIDELINES AND INSTRUCTIONS, INCLUDING THOSE RELATED TO DIAGNOSIS AND TREATMENT OF MEDICAL CONDITIONS. IN PROVIDING THE CONTENT AND TREATMENT RESOURCES – AND OFFERING ANY RELATED PRODUCTS OR SERVICES – WE ARE IN NO WAY REPRESENTING OR WARRANTING THAT SUCH INFORMATION, CONTENT AND TREATMENT RESOURCES IS APPLICABLE OR APPROPRIATE FOR YOUR NEEDS AND/OR CONDITION, OR THAT ANY PARTICULAR SERVICE OR PRODUCT IS SAFE, APPROPRIATE OR EFFECTIVE FOR YOU. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.
General Disclaimer
The information, Treatment Resources, and Content contained on this Website has been prepared by EndoFound as a convenience to its users and is not intended to constitute medical advice or recommendations upon which a user may rely. EndoFound has used reasonable efforts in collecting, preparing and providing such information, resources, Treatment Resources, and Content, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information, resources, services and content contained in or linked to this Website or any other Website maintained by EndoFound.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION, TREATMENT RESOURCES, AND CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND EndoFound EXPRESSLY disclaims all warranties and conditions with respect to the WEBSITE AND ALL ELEMENTS THEREOF, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party rights, SATISFACTORY QUALITY, quiet enjoyment, and accuracy. EndoFound MAKES NO WARRANTY THAT THE WEBSITE, INFORMATION, TREATMENT RESOURCES, AND CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED, NOR DO WE MAKE ANY PROMISES THAT ANY OF THE OPPORTUNITIES (SUCH AS VOLUNTEERING, RESEARCH PARTICIPATION OPPORTUNITIES, ETC) WILL BE AVAILABLE TO YOU OR OFFERED TO YOU.
Limitation Of Liability
In addition to the above warranty disclaimers, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL EndoFound WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF GOODWILL OR REPUTATION, DAMAGE TO OR CORRUPTION OF DATA, OR PERSONAL INJURY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR MEDICAL MALPRACTICE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE (OR INABILITY TO USE THE WEBSITE), INFORMATION, TREATMENT RESOURCES AND CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM EndoFound, EVEN IF EndoFound HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE EndoFound AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity
You agree to defend, indemnify, and hold harmless EndoFound and affiliates and all of their respective employees, funders, parents, subsidiaries, joint ventures, affiliates, agents, developers, directors, officers and attorneys 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 i) any breach or alleged breach by you of this TOU, or ii) any act or omission related to your use of this Website or Content, or iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right, or iv) any EndoFound event that you may organize or otherwise participate in.
Governing Law
This TOU has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of New York, the U.S.A. as applied to agreements entered into and completely performed in the State of New York. You and EndoFound each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue to the federal and state courts located in New York County, New York.
YOU AND EndoFound AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR EndoFound WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR EndoFound ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND EndoFound FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, EndoFound, AND ALL PARTIES TO ANY SUCH PROCEEDING.
Arbitration
At EndoFound’s sole discretion, any disputes or claims under this TOU or its breach may be submitted to and resolved exclusively by arbitration conducted in accordance with American Arbitration Association rules. One arbitrator appointed under such rules shall conduct an arbitration. Any such arbitration shall be in New York County, New York, and the laws of New York shall be applied. Any decision in arbitration shall be final and binding upon the parties. Judgment may be entered thereon in any court of competent jurisdiction. Notwithstanding the above, EndoFound may sue in any court for infringement of its proprietary or intellectual property rights. All claims you bring against EndoFound must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Any claim or cause of action arising out of or related to use of the Website and/or any of the Content, or these TOU, must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be barred. Any failure to act by EndoFound with respect to a breach by you or others does not waive EndoFound’s right to act with respect to subsequent or similar breaches.
Term and Termination.
This TOU and your right to use the EndoFound Website will take effect at the moment you access the EndoFound Website and is effective, binding and enforceable for as long as use the Website. In addition, EndoFound reserves all of its legal rights to pursue any and all legal remedies if we believe you are using the Website for fraudulent or unlawful activity or you are taking any actions or omissions that violate any term or condition of this TOU, or in order to protect its name and goodwill, its business, and/or other users. All provisions of this TOU that by their nature are intended to survive termination will so survive and remain binding and effective – such provisions include, but are not limited to the miscellaneous section below, the provisions concerning EndoFound's proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.
Miscellaneous
This TOU constitutes the entire agreement between you and EndoFound and governs your use of the Website, superseding any prior agreements between you and EndoFound. You will not assign the TOU or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of EndoFound. Any purported assignment or delegation by you without the appropriate prior written consent of EndoFound will be null and void. We may assign these TOU or any rights hereunder without your consent. Failure by EndoFound to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver by EndoFound of that or any subsequent default or failure of performance. The Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject EndoFound to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Website or any portion of the Website, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the service or other features that the Website provides. If any provision (or part thereof) contained in this TOU is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and EndoFound as result of this TOU or your utilization of the EndoFound Website. Headings herein are for convenience only.
Terms of Use: last updated February 1, 2019.