Terms of Use

Please carefully read the Terms of Use (“TOU”), which govern your use of the Site. The TOU is a binding legal contract between you (“You” or “Your”) and Adopt-A-Scientist – Cure Cancer®, a 501(c)(3) charitable organization (“Adopt-A-Scientist”), that applies every time You access and/or use our website (the “Site”). Your access and/or use of the Site is conditioned upon Your continued compliance with the TOU. If You do not agree to be bound by the TOU and Privacy Policy, do not access or use the Site.

1. Age Requirement. You represent that You are at least eighteen (18) years of age. If You are under the age of eighteen (18), You may only access and/or use the Site with the direct supervision and acceptance of the TOU by a parent or legal guardian. In addition, You agree to abide by all applicable local, state, federal, and international laws and regulations with respect to Your use of the Site. If You are under the age of eighteen (18) years and do not have the direct supervision and acceptance of the TOU by a parent or legal guardian, You may not access and/or use the Site.
2. Privacy Policy. Adopt-A-Scientist respects Your privacy rights. Please read our Privacy Policy to learn what information is collected and used while You access and/or use the Site. By accessing and/or using the Site, You acknowledge You have read, understood and agree to the terms of the Privacy Policy, and You agree that Adopt-A-Scientist may use such information in accordance with the terms of our Privacy Policy.
3. Copyright and Proprietary Rights. Unless otherwise indicated, all right, title and interest in the Site is the exclusive property of Adopt-A-Scientist. The Site is for Your personal, non-commercial and non-profit use only, and You may view, print, copy and download any information or material on the Site for Your personal use only, as long as the copies retain the copyright and proprietary notices and disclaimers contained in the original material. Adopt-A-Scientist retains all rights not expressly granted and does not grant any express or implied right to You or any other person under any intellectual or proprietary rights. The Site and its contents are Copyright © 2019 Adopt-A-Scientist and/or its licensors. You may not modify, copy, distribute, transmit, translate, digitize, display, perform, reproduce, republish, license, create derivative works from, transfer, or otherwise use in any way for commercial purposes, in whole or in part, any material or information contained on the Site, except for the purposes expressly provided herein and without Adopt-A-Scientist’s prior written consent.

Adopt-A-Scientist –Cure Cancer® is a federally registered trademark of Adopt-A-Scientist, and Adopt-A-Scientist is the common law trademark of Adopt-A-Scientist. The names of other entities and third-party products and services on the Site may be the trademarks or service marks of third parties. You are prohibited from using any of these marks for any purpose without the prior written consent of the owner, Adopt-A-Scientist or a third party.

4. Alleged infringement. Adopt-A-Scientist respects the intellectual property of other individuals and entities. Accordingly, it is Adopt-A-Scientist’s policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law, and, in particular, the Digital Millennium Copyright Act (the “DMCA”). Responses may include removing or disabling access to content or material on the Site claimed to be infringing. If You believe that Your intellectual property rights have been infringed, please provide a written notice of Your claim to Adopt-A-Scientist at contactus@adoptascientist.org and/or 2450 Fondren #105, Houston, Texas 77063.

If you knowingly misrepresent that material or information on the Site infringes on Your copyright, You may be held liable for damages (including costs and attorneys’ fees) under the DMCA.

5. Communications. The Site permits You to send Your name, email address and a message, which may include comments, remarks, suggestions, ideas, opinions or other information (“Communication“). By sending a Communication, You represent and warrant that You have all necessary rights to send the content of the Communication. No personal medical information should be submitted. You agree to not upload, attach, transmit or otherwise send any of the following in a Communication.
6. statements or materials that infringe on the copyright, trademark, trade secret or other proprietary rights, or privacy of another;
7. statements or material that contains vulgar, obscene, profane, defamatory, threatening, harassing, abusive, discriminatory or otherwise objectionable language or images;
8. stastatements or material that misrepresents Your affiliation with or impersonates any other person or entity, whether actual or fictitious;
9. statements or material that do not comply with any applicable law;
10. statements or material that constitutes junk mail, spam, or commercial electronic messages, advertising or promotional materials;
11. statements or material that are not relevant to the mission of Adopt-A-Scientist; or
12. files or links that contain malicious code, viruses, worms, Trojan horses, or other similar harmful software or programs.
13. Supporting Research. Adopt-A-Scientist supports designated giving to physicians and scientists seeking to improve outcomes for cancer patients and may allow physicians and scientists to apply for funding through the Site. By submitting any information or materials in a request for funding, You hereby grant Adopt-A-Scientist and its directors, employees, Scientific Advisory Board, affiliates and partners the right to use, review, and share such information and materials. Nothing herein shall be construed as obligating Adopt-A-Scientist or its directors, employees, Scientific Advisory Board, affiliates or partners to review or approve your funding request.
14. Links to Third-Party Websites. The Site may provide links to third-party websites, which are maintained by third parties over which Adopt-A-Scientist exercises no control. Adopt-A-Scientist disclaims any responsibility for the content on these third-party websites and Your use of such website. These links do not imply an endorsement of, affiliation with or sponsorship of any third party or third-party website.
15. No Medical Advice. Nothing on the Site is intended to be a substitute for medical advice, diagnosis or treatment. The material and information on the Site is not meant to replace the services or advice of a medical professional. The Site does not constitute the practice of medicine or any other health care advice, diagnosis or treatment. You should contact Your own physician or other medical professional for questions regarding personal medical issues.
16. Disclaimer of Warranty. THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. ADOPT-A-SCIENTIST HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AND CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE OF THE U.S. ADOPT-A-SCIENTIST ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS.
17. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADOPT-A-SCIENTIST OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SCIENTIFIC ADVISORY BOARD, FUNDERS, AFFILIATES, CONTRACTORS, LICENSORS, OR SERVICE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE, LOSS OF DATA, OR THE FAILURE TO STORE ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, EXTRACONTRACTUAL LIABILITY, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADOPT-A-SCIENTIST OR SUCH OTHER PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. Indemnification. You agree to indemnify, defend and hold harmless Adopt-A-Scientist and its officers, directors, employees, funders, Scientific Advisory Board, affiliates, contractors, agents, licensors, suppliers, service providers, successors, and assigns from and against any claims, judgments, damages, expenses, losses or liabilities arising out of or relating to Your violation of the TOU and/or Your access and/or use of the Site.
19. Governing Law & Jurisdiction. To the fullest extent permitted by law, the TOU shall be construed, enforced and governed in accordance with the laws of the State of Texas, without regard to conflicts of law principles. You agree to submit to the exclusive personal jurisdiction and venue for any action or proceeding arising out of or related to the TOU in an appropriate state or federal court in Harris County, Texas. You also agree that the statute of limitations for any such claim shall be brought within one (1) year from the date the claim arose.
20. Injunctive Relief. You agree that Adopt-A-Scientist shall be entitled, in addition to other available remedies, to seek and be awarded an injunction and/or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of the TOU. Accordingly, You hereby waive any requirement that Adopt-A-Scientist post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Adopt-A-Scientist to enforce any provision of the TOU.
21. Term & Termination. The TOU will take effect when You begin downloading, accessing, or using the Site, whichever action is earliest. Adopt-A-Scientist reserves the right at any time and in its sole discretion to suspend or terminate Your use of the Site or to any portion thereof, even if access and use continues to be allowed to others. The TOU will also terminate automatically if You fail to comply with any of its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. Upon suspension or termination, You must immediately destroy all copies of any portion of the Site in Your possession and discontinue use of the Site. Adopt-A-Scientist shall not be liable to You or any third party for suspension or termination of Your access to the Site. The provisions concerning communications, intellectual property rights, disclaimers, limitations of liability, governing law, jurisdiction, waiver and severability, and injunctive relief will survive the termination of the TOU for any reason.
22. Waiver & Severability. Failure to insist on strict performance of any of the terms and conditions of the TOU will not operate as a waiver of any subsequent default or failure of performance. If, for any reason, any part of the TOU is determined to be invalid or unenforceable pursuant to applicable law by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of the TOU shall continue in full force and effect.
23. Entire Agreement. No joint venture, partnership, employment, affiliate, or agency relationship exists between You and Adopt-A-Scientist as a result of the TOU or Your use of the Site. The TOU constitutes the entire agreement between You and Adopt-A-Scientist with respect to the Site and supersedes all prior or contemporaneous communications, conversations, agreements and understandings whether electronic, oral, or written between You and Adopt-A-Scientist with respect to the Site.
24. Assignment and Updates. You may not assign or transfer any rights under the TOS without the prior written consent of Adopt-A-Scientist. Except where restricted by law, Adopt-A-Scientist reserves the right to revise and update the TOU and Site at any time without notice at the sole discretion of Adopt-A-Scientist. All changes are effective immediately upon posting. In addition, Adopt-A-Scientist may add, modify, or delete any aspect, program, or feature of the Site, but Adopt-A-Scientist is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site after any change will be conclusively deemed acceptance of any change to the TOU.
25. Contact. If you have any questions regarding the TOS, please email Adopt-A-Scientist at contactus@adoptascientist.org.

Effective Date: October 15, 2019