Effective Date: November 12, 2021
Please review THESE TERMS carefully. By using THE Site, you acknowledge that you accept the TERMS set forth herein. If you do not accept such TERMS, you may not access the Site.
NOTHING PROVIDED ON THE SITE IS INTENDED TO BE ANY MEDICAL ADVICE. YOU ACKNOWLEDGE THAT THE INFORMATION IN THE SITE IS PROVIDED “AS IS” AND FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR PROFESSIONAL CONSULTATION WITH A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS.
Changes to Terms
The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.
Description of Service
UMDF provides its users access to a variety of materials to learn about mitochondrial disease, to include information about the latest research and other resources. As discussed in more detail below, our Site also provides users an opportunity to donate to UMDF in support of our cause.
Our Site offers the ability for you to donate or to set up donation pages that benefit UMDF (each, a “Donation”). You may have the option to make a Donation on a single-occurrence basis (“One-Time Donation”) or on a recurring basis (a “Recurring Donation”). By making a Donation, you authorize us or our third-party payment processors to charge the payment method you have provided for the amount of the Donation.
By making a Recurring Donation, you authorize us or our third-party payment processors to charge the payment method you have provided for the amount of the Donation on a recurring basis (“Recurring Donation Subscription”).
Recurring Donation Subscriptions automatically renew for successive terms until cancelled by you. Recurring Donation Subscriptions may be cancelled at any time by contacting us at email@example.com or 888-317-UMDF. All charges for Donations are in U.S. Dollars and are tax-deductible to the fullest amount permitted by law. Donations are generally non-refundable, however, if there is an issue with respect to any donation, please contact us at firstname.lastname@example.org or 888-317-UMDF
The Site, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Site (collectively, the “Content”) are the property of us or our licensors, as applicable. The Site and Contents are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.
UMDF grants you a limited license to access and make personal use of the Site subject to these Terms. The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of UMDF.
Independent Arbitration Agreement
In consideration of, and as a condition of your use of the Site, you and UMDF (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):
Links to Third Party Sites
Security and Restrictions
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation;
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
- Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Site; or
- Otherwise attempt to interfere with the proper working of the Site.
Disclaimer and Limitation of Liability
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED BY UMDF ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UMDF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL UMDF OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE, ANY LINKED SITE, OR ANY SERVICES USED THROUGH THE
Any claims arising in connection with your use of the Site, or any services used through the Site, must be brought within one (1) year of the date of the event giving rise to such action occurred.
You agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.
These Terms shall be governed by the laws of Pennsylvania without regard to any of its conflict of law principles, and you agree to submit to the exclusive jurisdiction of the courts of Pittsburgh, Pennsylvania, USA in respect of any disputes arising under or in connection with these Terms.
You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove any contents generated by you on the Site, block your access to the Site, block IP addresses.
If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.
How to Contact Us
If you have any questions, comments or notices regarding these Terms, please contact us at
email@example.com or 888-317-UMDF.
Approved by Board of Trustees – November 12, 2021