The Jimmy Fund and related Dana-Farber websites including https://www.jimmyfund.org/ and other websites that link to these Jimmy Fund Terms (collectively, the "Sites") are intended to provide information about Dana-Farber Cancer Institute and, specifically, the Jimmy Fund, their fundraising activities, care and research programs, and general information about cancer and related diseases. The Sites also provide links to information that may be written by Dana-Farber and Jimmy Fund staff or by outside providers, and access (links) to some external Web sites for your convenience. These Sites are operated by the Dana-Farber Cancer Institute (together with Jimmy Fund and affiliates, "Dana-Farber").
THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT ALL DISPUTES TO MANDATORY INDIVIDUAL ARBITRATION AND A WAIVER TO BRING ANY CLAIM UNDER A CLASS ACTION. PLEASE SEE SECTIONS 10-12 BELOW FOR MORE INFORMATION REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SITES.
We reserve the right, in our sole discretion, to modify, alter or otherwise update our Terms at any time, and by using the Sites after the posting of a modification, you accept the modification. Please check back from time to time to ensure you are aware of any updates or changes. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the eligibility requirements in these terms.
1. Our Materials; No Medical Advice Given
Our Sites are provided for INFORMATIONAL PURPOSES ONLY and do not attempt to practice medicine or provide specific medical advice, nor does the use of the Sites establish a doctor-patient relationship. For medical treatment or answers to personal questions, we strongly encourage you to consult with a qualified health care provider. For advice about your own care, please ask your doctor.
You assume full responsibility for using the information offered by the Sites, and you understand and agree that Dana-Farber is not responsible or liable for any claim, loss, or damage resulting from its use. While we try to keep the information on the Sites as accurate as possible, we disclaim any warranty concerning its accuracy, timeliness, and completeness, and any other warranty, express or implied, including warranties of merchantability or fitness for a particular purpose. Dana-Farber also does not warrant that access to the Sites will be error- or virus-free, or accessible at all times. We may terminate your access to the Sites in our sole discretion, at any time, and without prior notice. We may also remove any content from the Sites for any reason, without prior notice. Content removed from the Sites may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or similar legal process.
2. Restrictions on Use
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Sites to human readable form or create derivative works based upon the Sites or any part thereof; (b) disable any licensing or control features of the Sites; (c) introduce into the Sites any virus or other code or routine intended to disrupt or damage the Sites, or alter, damage or delete any Materials, or retrieve or record information about the Sites or its users; (d) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Sites or Materials; (e) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Sites to others; (f) use, or allow the use of, the Sites or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; (g) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Sites; (h) post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities; (i) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any junk mail, spam or any other similar solicitation; or (j) access or use the Sites by means of any automated program, expert system, electronic agent or bot; (k) engage in any attempted or actual unauthorized access to any portion of the Sites; or (l) scraping, copying, republishing, licensing, or selling the data or information on the Sites for commercial purposes. Except as expressly provided herein, we and our third party licensors reserve all rights with respect to the Sites, and may pursue all legally-available recourse (and may cooperate with law enforcement agencies) in the event of any violations of our Terms.
3. User Content
You agree that we are free to use any feedback, ideas or suggestions ("Feedback") that you provide to us with respect to the Sites for any purposes whatsoever without any restriction, including developing and marketing new products, services and features without any liability or payment of any kind to you. You waive all intellectual property rights in any such Feedback.
The Sites do not host or receive funding from third party advertising.
About Our Patient Stories: Dana-Farber and the Jimmy Fund share patient stories which may include descriptions of actual medical results. Dana-Farber provides personalized care for each patient based on their unique needs; their experiences and results will vary.
6. Our Intellectual Property Rights
We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Sites for lawful purposes in accordance with our Terms. Unless otherwise stated, users may print or download information from our Sites for personal, non-commercial use only, provided they identify the source of the material and include a statement that the materials are protected by copyright law.
The Sites contain Materials owned or licensed by us, including name, logo, text, images, audio/visual works, icons and scripts and other materials provided on or through the Sites. Except as provided above, none of the Materials may be copied, distributed, displayed, downloaded, licensed, modified, published, re-posted, reproduced, reused, sold, used to create a derivative work, or transmitted in any form or by any means without prior written permission from us or the third party owner. Unauthorized use of any Materials provided by the Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. Trademarks and service marks that may be referred to in the Sites are our property of Dana-Farber or their respective owners. Nothing in the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission.
7. Reporting Claims of Copyright Infringement or Other Violations Regarding the Sites
We respect the intellectual property rights of others, and we prohibit users of our Sites from submitting, uploading, posting or otherwise transmitting any materials that violate another person's intellectual property rights or these Terms. For allegations of copyright infringement, please follow the instructions below; otherwise, you can report any issues to us via the contact information provided at the end of these Terms. The remaining information in this section is provided exclusively for notifying us that your copyrighted material may have been infringed.
In accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DCMA") Dana-Farber is registered as a Service Provider with the United States Copyright Office. Notifications of copyright infringement claims occurring on Dana-Farber's network should be reported to our designated agent, as follows:
Hilary Libka, Esq.
Chief Intellectual Property Counsel and Associate General Counsel
Office of General Counsel, BP 376
Dana-Farber Cancer Institute
450 Brookline Avenue
Boston, MA 02215
Any such notice must be in writing, and must include the following information as required by the DMCA:
- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
- A description of the copyrighted work claimed to have been infringed;
- A description of the infringing material and information reasonably sufficient to permit Dana-Farber to locate the material;
- Your contact information, including your address, telephone number, and e-mail;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
8. Links in the Sites
9. Linking to our Sites
You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Sites may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Sites; send communications with certain content, or links to certain content, using the Sites; or cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Sites or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Sites that is inconsistent with these Terms. We may disable any social media features and any links at any time without notice in our sole discretion.
10. Disclaimer of Warranties; Limitation of Liability
YOUR USE OF THE SITES AND MATERIALS IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND ALL MATERIALS THEREIN ARE PROVIDED "AS IS" WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SITES. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE SITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
The provisions in our Terms are intended to be only as broad and inclusive as is permitted by applicable law. We recognize that some laws provide consumers specific rights and remedies and expressly prohibit waiver of these rights. Except to the extent required by such laws, as applicable, you waive all damages under any cause of action other than actual damage for out-of-pocket loss. For example, except with respect to these laws, you waive nominal damages, liquidated damages, statutory damages, consequential damages, presumed damages, as well as the imposition of costs and attorney's fees. We reserve all rights, defenses and permissible limitations under applicable law.
You agree that you will be responsible for any damages resulting from your violation of these Terms. You further agree to indemnify and hold us and our owners, affiliates, officers, directors, agents, employees, contributors, and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (i) your breach of these Terms; (ii) your unlawful activities in connection with the Sites; or (iii) information that you affirmatively provide to us through the Sites.
12. Governing Law; Arbitration and Class Action Waiver
THE LAWS OF THE STATE OF MASSACHUSETTS WILL GOVERN THESE TERMS AND ANY DISPUTE RELATING TO THE SITES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN BOSTON, MASSACHUSETTS IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
Excluding (i) claims for injunctive or other equitable relief sought by Dana-Farber as provided below, or (ii) disputes that are brought and exclusively and fully resolved in small claims court, any claims related to the Sites and any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of the Terms, shall be resolved by final and binding arbitration by the American Arbitration Association (AAA) to be heard under its Consumer Arbitration Rules then in effect. The parties intend to be bound to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. An arbitration means there will be no jury, and no judge.
The arbitration shall be administered by AAA and take place in the state of Massachusetts or at the option of the party seeking relief, online, by telephone, online, in your state of residence or via written submissions alone. The arbitrator may not issue any injunction. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent Dana-Farber from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
13. The Sites Are Controlled from the USA
Our Sites are operated from the United States. We make no representation that content or materials in the Sites are appropriate or available for use in other jurisdictions. Access to any of the Sites from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Sites from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
14. Entire Agreement; Severability
15. Contact Information
If you have any questions, concerns or comments about our Sites, please contact us as directed on our Contact Us page.
These Terms were last updated September 10, 2021.