CFK TERMS OF USE AGREEMENT

CANCERFREE KIDS PEDIATRIC CANCER RESEARCH ALLIANCE

Welcome to the CancerFree Kids Pediatric Cancer Research Alliance Website. CancerFree Kids Pediatric Cancer Research Alliance (“we” or “us”) maintains this website as a service to interested individuals (the “Site”). By viewing our Site and accessing the information and products provided through the Site, you are agreeing to comply with and be bound by the following Terms of Use and Privacy Policy. Please review the following carefully. If you do not agree to these terms, you should not access or use the Site.

1. Acceptance of Agreement. By accessing or using the Site, you agree to comply with the terms and conditions outlined in this Terms of Use Agreement (“Agreement”), our privacy policy included below (the “Policy”) and all applicable laws and regulations. This Agreement and the Policy, as the same may be amended from time-to-time, constitutes the entire and only agreement between us and you, and supersedes all prior and contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, provided by or through the Site, and the subject matter of this Agreement and the Policy. This Agreement and the Policy may be amended at any time by us from time to time without specific notice to you by posting the revised document on the Site. Any changes will go into effect on the date posted in the notice. The new Agreement and Policy will apply to all current and past users of our Site and will replace any prior Agreements and Policies. Notwithstanding the foregoing, the sale of any products shall be governed by an End User License Agreement to which you must agree to be bound.

2. Copyright. The text, data, content, organization, images, graphics, design, software (including the underlying source and object codes), digital conversion and any other materials included in or related to the Site are our property and are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The collection, arrangement and assembly of all content on the Site is copyrighted as a “collective work” under the United States Copyright Laws and we own a copyright in the selection, coordination, arrangement and enhancement of such content. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 3, is strictly prohibited. You may not modify, remove, delete, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any content. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

3. Limited Right to Use. You may use the content and software on the Site as an information and shopping resource. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for your sole personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You may not modify any of the information contained on the Site and may not remove any copyright, trademark or other proprietary notices related to such content. The license granted under this section does not extend to any content owned by third parties and our licensors. Any use of the Site not described herein is strictly prohibited.

4. Trademark Ownership. The registered and unregistered trademarks, service marks and logos that are used and displayed on the Site (the “Trademarks”) are owned by us, our affiliates or others. You should not construe anything on the Site as granting expressly, by implication, estoppel or otherwise, any license or right to use any Trademark. Without limiting the foregoing, you may not use the Trademarks (a) to identify products or services that are not affiliated with us; (b) in any manner likely to cause confusion; (c) in or as part of your own trademarks; (d) in a manner that implies that we sponsor or endorse your products or services; or (e) in any manner that disparages or discredits us. We aggressively enforce our intellectual property rights to the fullest extent of the law.

5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

6. Pricing and Payment Terms.

A. By placing an order to purchase a product, you agree to pay the purchase price set forth on the purchase order. We are not responsible for any incorrect price listing on the Site due to a typographical error, an error in pricing information received from our suppliers, or our failure to timely update pricing information. If any price is listed incorrectly, we shall have the right to cancel any order, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your credit card account.

B. Payment terms are within our sole and absolute discretion and, unless otherwise agreed to by us in writing, payment must be received by us prior to our acceptance of your order. Payment for any product purchased through the Site must be made by credit card unless some other form of payment is agreed to by us in writing.

C. You represent and warrant that if you purchase something from us: (i) any order you place will be accurate to the best of your knowledge; (ii) any credit card information you supply will be true, correct and complete; (iii) you will use your best efforts to ensure that your credit card company honors any charges incurred by you; and (iv) you will promptly pay the charges incurred by you at the posted prices, including any applicable taxes.

7. Return Policy. If you have any questions or concerns with your purchase or if you wish to return any items, you can contact us at ________________________________.

8. Links to Other Websites. The Site contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website to our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party Sites, YOU DO SO AT YOUR OWN RISK.

9. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such Sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

10. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement, the Policy or your use of the Site.

11. Disclaimer. THE INFORMATION AND PRODUCTS AVAILABLE FROM OR THROUGH THE SITE IS PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE USE OR OPERATION OF THE SITE, THE QUALITY OF THE PRODUCTS, OR THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE INFORMATION AVAILABLE THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED RELATED TO THE SITE AND/OR ANY PRODUCTS SOLD THROUGH THE SITE (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The negation of damages set forth above are fundamental elements of the basis of the bargain between us and you. This Site, the products, and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site shall create any warranty, representation or guarantee not expressly stated in this Agreement.

12. Privacy Policy. We reserve the right, and you authorize us, to use and assign all information regarding your use of the Site and all information provided by you in any manner consistent with our privacy policy. Our privacy policy, as it may change from time to time, is a part of this Agreement.

13. Termination. We reserve the right, in our sole discretion, to immediately and without notice suspend or terminate your registration or ability to access the Site or any other service provided to you by us upon any breach by you of the Agreement or the Policy or upon your demonstration of conduct that we determine to be inappropriate.

14. Information. The Site contains information about us and our mission. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information.

15. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents or to purchase products or services is not transferable.

16. Governing Law/Venue. The Site (excluding any linked websites) is controlled by CancerFree Kids Pediatric Cancer Research Alliance from its offices in the State of Ohio, United States of America. It can be accessed from all 50 states as well as from other countries around the world. By accessing the Site, you agree that the statutes and laws of the State of Ohio, without regard to conflicts of law principle thereof, will apply to all matters relating to your use of the Site including any purchases of products or services. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal and state courts located in Hamilton County, Ohio, with respect to such matters.

17. Statute of Limitations/Limitation of Actions. Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Terms of Use Agreement.

18. Waiver. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

19. Miscellaneous. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect.

PRIVACY POLICY

Our Privacy Policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our Site and our products and services. We consider the information you share with us strictly confidential and we use that information only as specified in this Privacy Policy.

1. Acceptance of Agreement. By accessing or using the Site, you are expressly agreeing to comply with and be bound by the terms and conditions contained within this Privacy Policy and the Terms of Use as well as applicable laws and regulations. This Policy will be continuously reviewed and revised in light of new technologies, business practices and our customers’ needs. If we decide to change our Privacy Policy in whole or in part, we will inform you by posting a notice on our Site.

2. Collecting Information About You. In general, you can visit many of our web pages without telling us who you are or revealing any personal information about yourself. We may track the internet domain address from which people visit us and analyze this data for trends and statistics, but individual users will remain anonymous unless you voluntarily tell us who you are.

Our order forms require you to give us contact information and demographic information. This is information that personally identifies you or allows us to contact you. Generally, this information will include information such as your name, shipping/billing address, telephone number, e-mail address, business information and other similar information. Whether or not you provide such information is completely your choice. But, if you choose not to provide the information we request, you may be unable to receive the products or services you have requested.

3. Using Information About You. We use the personal information you provide to us for internal purposes, such as making the Site easier for you to use by not making you enter your personal information more than once, delivering products or services that you request or purchase, helping us create and publish content most relevant to you, analyzing trends and statistics, informing you of our new products, services, and offers as well as other similar activities. From time-to-time, we might establish a business relationship with other persons or entities who we deem trustworthy and whose privacy policies are consistent with ours. In such cases, we might share information, including personal information about you, that will enable such persons or entities to contact you regarding products and services that may be of interest to you.

We may also disclose information when legally compelled to do so. In other words, disclosing such information, when we, in good faith, believe that the law requires it or as further protection of our legal rights.

4. Cookies. To ensure that we are publishing content that you need and want, we collect Site-visitation statistics using “Cookies.” A Cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. As you access our Site, the Cookies gather information regarding your browsing activities. Generally, we use Cookies to remind us of who you are, tailor our products and services to suit your personal interest, estimate our audience size, process your order and/or analyze your visiting patterns. We do not use the technology to capture your individual e-mail address or any other personal information about you. Rather, the information assists us in designing and arranging our web pages in the most user-friendly manner and to continually improve our Site to better meet your needs. You can set your browser to notify you when you are sent a Cookie, giving you the chance to decide whether or not to accept it. If you choose not to have your browser accept cookies from our Site, you will be able to view the text on the screens, however you will not experience a personalized visit nor will you be able to subscribe to the service offerings on the Site.

5. Security. Our Site has security measures in place in order to protect the loss, misuse and alteration of the information under our control. Our security software is up to industry standards. However, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our Site and you do so at your own risk. Once we receive your transmission, we will do our best to protect its security on our systems.

We urge you to keep your password in a safe place and not to divulge it to anyone. Also, remember to sign off of your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or internet café.

Editing, Updating, Correcting and Deleting Information About You. We want to communicate with you only if you want to hear from us. If you prefer not to receive information from us or from any of our affiliates, please let us know by contacting us by sending us an e-mail. Please be sure to include your e-mail address, full name and specifically what information you do not wish to receive. If you would like to update or correct your e-mail address, street address or other personal information with us, please contact us the same way.

Please remember, if you delete certain information you may be unable to continue to purchase products or services or access other portions of our Site without entering additional information.