Version 1.0 December 20, 2010
Persons under the age of 18 are not permitted to register for the Website or use the Website services.
By activating the confirmation process during the registration or visiting the Website, you acknowledge and agree that: (i) you will be enrolled in a free, ad-supported, Internet-based service; (ii) we may integrate advertising messages in with the presentation of the Website to you; (iii) you may receive delivery of email-based advertising content from Company and/or third parties as an integral part of your use of the Website services and may also receive telemarketing calls and direct mail email, and SMS (Short Message Service) text from Company and/or third parties; and (iv) you have read, understood and agree to this Agreement in its entirety.
IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE WEBSITE SERVICES OR THE WEBSITE.
WEBSITE SERVICES - DONATION MATCHING ACCESS SERVICES
We will not collect information regarding the following health care conditions, however this information is likely important to the members of the Donation Network and disclosure of such information may affect users’ ability to be accepted to make a donation: (I) AIDS, HIV or bloodborne illnesses; (2) mental health status or illness; (3) drug abuse or alcohol addiction or treatment.
Pursuant to California law, upon a user’s written request, the Company shall provide the user, at no charge, with a copy of any medical information maintained by the Company with respect to the user.
We do not guarantee that the terms offered and made available by any member of the Donation Network are the most favorable terms available. We do not endorse or recommend any member of the Donation Network or any donation facility. The members of the Donation Network are solely responsible for their offerings, services and procedures, and you agree that we shall not be liable for any damages or costs of any type arising out of or in any way connected with such offerings, services and procedures. We shall also not be liable or responsible for any damages or costs arising out of or in any way connected to the compliance or non-compliance by any member of the Donation Network or any third party with any applicable law, rule or regulation, including without limitation HIPAA.
All decisions relating to donations shall be made solely by the members of the Donation Network, such as whether (i) you satisfy the criteria established by the donation facilities, (ii) a member of the Donation Network will contact you after receiving Your Application Information, and (iii) a donation facility will approve you for a donation. We do not guarantee that you will be selected, contacted or approved by any member of the Donation Network.
Nothing contained in this Website is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. The services provided on this Website are here to provide consumers interested in donating their time, bodily tissue, bodily fluids or participating in clinical research studies/clinical trials with the opportunity to be accessed by and be in contact and possibly be matched with members of the Donation Network. This Website and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment, nor is any medical or health care service, treatment or diagnosis method being advocated, ordered or recommended, and any access or opportunity provided through this Website is not intended and should not in any manner be considered a referral or recommendation by or to any licensed medical or health care provider, institution or facility. .
Persons accessing this Website should always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider due to something you may have read on this Website. 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 dial 911 or call for emergency medical help on the nearest telephone. You expressly acknowledge and agree that no medical or health care diagnosis, treatment, evaluation, advice, referral, recommendation, order or prescription is being provided to you through this Website. Further, you acknowledge and agree that this Website is not obtaining an informed written consent from you, nor is it intended to provide any or all of the information necessary or appropriate for a user to make an informed written consent, with respect to any medical or health care condition, evaluation, diagnosis or treatment, and you acknowledge and agree that you must obtain such information from and provide such informed written consent to a duly licensed and qualified medical professional.
By using the Website Services, you represent and warrant that:
- all information you submit is truthful and accurate;
- you will maintain the accuracy of such information;
- you will keep your password, if applicable, confidential and will be responsible for all use of your password and account;
- you are at least 18 years of age; and
- your use of the Website Services does not violate any applicable law or regulation.
- you have had a physical examination in the last 12 months and have consulted with your personal physician to determine whether donating is safe for you and will consult with your personal physician regarding future health and medical problems including any that may arise as a result or in connection with any donation..
- the Website shall not be liable or responsible to verify any or all of the information that you provide or if any such information is not accurate or untruthful, and the Website shall be indemnified by you as a result of any loss, cost or expense arising out of or in connection with any inaccurate or untruthful information provided by you (see Indemnity section below).
You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:
- engaging in unauthorized framing of or linking to the Website;
- deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
- interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
- engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;
- systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
- attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
- using the Website Service as part of any effort to compete with Company;
- harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Website Services to you;
- deleting the copyright or other proprietary rights notice from any Company Content;
- using the Website in a manner inconsistent with any and all applicable laws and regulations; and
- accepting or offering any payment, rebate, kickback, discount, or other consideration to induce the Website to cause an unqualified user to be accepted by a Donation Network member and/or any Donation Network member to accept a donation by any user. Nothing in this Agreement, or any consideration paid in connection with this Agreement, contemplates or requires or is intended to improperly induce, influence or reward the acceptance of a donation to or by or the generation of any business among any user or any Donation Network member or any other third party. This Agreement is not intended to influence any party’s judgment in choosing a Donation Network member or in providing a donation. Company’s rights under this Agreement shall not be dependent in any way on the access or acceptance of any user or the acceptance of any donation by any Donation Network member or by any third party.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website ("Company Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, text, video and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. Company Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks. If you download or print a copy of the Company Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Company Content or enforce limitations on use of the Website or the Company Content therein.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Website Services ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the Website Service) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the website.
Company reserves the right but does not have the obligation to:
- monitor the Website for violations of this Agreement;
- take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities; and
- otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user of the Website.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY, ACCESS TO AND USE OF THE WEBSITE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE, DELETE YOUR PROFILE (IF APPLICABLE) AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Website Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website Services.
With Donation Network Members
If there is a dispute between users and any member of the Donation Network or a third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more members of the Donation Network or a third party, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website Services.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Website Services shall be governed and construed by the laws of the State of California, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against the Company arising out of or related in any respect to this Website and the Website Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Los Angeles County, California; subject, however, to the right of the Company, at the Company's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Website Service (including your visit to or use of the Website and/or the Website Service) be instituted more than one (1) year after the cause of action arose.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND WEBSITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE WEBSITE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE OR ANY OFFERINGS OFFERS OR SERVICES PROVIDED BY MEMBERS OF OUR DONATION NETWORK, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND THE WEBSITE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY MEMBER OF OUR DONATION NETWORK OR THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY MEMBER OF OUR DONATION NETWORK OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
The Company reserves the right to change any and all content, software and other items used or contained in the Website and any Website Services offered through the Website at any time without notice.
The statements on this Website regarding HIPAA and other laws and regulations are intended simply to provide assistance and guidance. They may not be relied upon as authority for compliance with legal requirements, nor as a source of legal advice. Utilization of this information is at the sole risk of the user. As with any matter of law, independent legal counsel should be consulted regarding compliance with HIPAA and other legal requirements. If you believe that information obtained from this Website is inaccurate or out-of-date, or if you encounter technical problems, please notify the webmaster at Support@CashForDonating.com.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, CONTRACTUAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER OF ANY KIND, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR WEBSITE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL NOT EXCEED $100.
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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to defend, indemnify and hold Company, its subsidiaries, affiliates, partners and Advertisers, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Website Services, use in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
From time to time, Company may conduct sweepstakes that entitle the winners to prizes. Each sweepstakes has its own terms and conditions, set forth in the "official rules" for that sweepstakes.
Except as explicitly stated otherwise, any notices given to Company shall be given by email to address set forth below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by email, regular mail or discussion forum postings.
U.S. EXPORT CONTROLS
Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement constitutes the entire agreement between you and Company regarding the use of the Website Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
In order to resolve a complaint regarding the Website Services or to receive further information regarding use of the Website Services, please contact Company as set forth below.
Internet Business Directories, Inc.
10940 Wilshire Blvd, Suite 1600
Los Angeles, CA 90024