You may use the Web site for lawful purposes only. This Web site may not be accessed, reproduced, transmitted, or distributed without the permission of The Freshman Fifteen. You agree not to:
- Post or transmit any file or computer code or program (for example, viruses, worms, Trojan horses) that could damage or interfere with the operation of any hardware, software or telecommunications equipment;
- Violate the security of the Web site or attempt to gain unauthorized access to The Freshman Fifteen, the Web site, data, materials, information, computer systems or networks connected to any server associated with The Freshman Fifteen, through hacking, password mining or any other means;
- Interfere with or otherwise disrupt the proper working of the Web site; or
- Impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity.
In addition, you agree not to input, distribute, upload, post, e-mail, transmit or otherwise make available through the Web site any content that:
- Is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- You do not have the right to make available under any law or under contractual or fiduciary relationships;
- Is harmful to minors;
- Constitutes personally identifiable information of any other person that such person has not authorized you to disclose; or
- Is promotional in nature, including solicitations, or constitutes junk mail, spam, chain letters, pyramid schemes or the like.
Links to Other Sites
Some of our pages provide links to other web sites. These web sites are operated by independent third-party entities, and The Freshman Fifteen is not responsible for the availability or content of these external sites, nor does The Freshman Fifteen control or guarantee the currency, accuracy, relevance or completeness of information and materials found on any web site to which the Web site links.
Ownership of Web Site Content
The content contained on this Web site is owned or licensed by The Freshman Fifteen and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Content on this Web site is provided for your personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of The Freshman Fifteen. In addition, you may not copy, distribute, modify, post, frame or deep link this Web site, including any text, graphics, video, audio, software code, user interface design or logos featured on this Web site. The Freshman Fifteen hereby expressly reserves all rights not expressly granted in and to the Web site and its content.
You may not input, distribute, upload, post, e-mail, transmit or otherwise make available any content through the Web site that is protected by copyright, trademark and/or other intellectual property rights owned by a third party without the express permission of such third party. You are responsible for determining whether any such third-party content is protected by intellectual property rights, and for obtaining the appropriate permission from such third party. You shall be solely liable for any and all liability for any type of damages including, but not limited to, indirect, incidental, consequential or special damages, or losses or expenses, resulting from any infringement of any intellectual property rights, or any other harm resulting from, your input, distribution, uploading, posting, e-mailing, transmission or otherwise making available any content through the Web site.
By submitting content to any publicly accessible area of the Web site, you automatically grant, or warrant that the owner of such content has expressly granted to The Freshman Fifteen the non-exclusive, worldwide, royalty-free, irrevocable, perpetual right and license to use, reproduce, copy, perform, display, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any intellectual property rights that may exist in such material. You also permit any other users of the Web site to access, view, store or reproduce the material for that user’s personal use.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS, ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND FREEDOM FROM COMPUTER VIRUS. THE FRESHMAN FIFTEEN DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THIS WEB SITE AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ERRORS OR OMISSIONS IN SUCH INFORMATION AND MATERIALS. DKMS DOES NOT WARRANT THE UNINTERRUPTED AVAILABILITY OF THIS WEB SITE OR THE INFORMATION OR MATERIALS PROVIDED ON THIS WEB SITE.
- ANY MATERIAL SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS SUBMITTED AND/OR ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DKMS OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, DKMS HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY TYPE OF DAMAGES INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR LOSSES OR EXPENSES, IN EACH CASE ARISING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE, ANY INFORMATION OR MATERIALS PROVIDED ON THIS SITE OR ANY LINKED SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR COMMUNICATION LINE OR SYSTEM FAILURE.
You agree to defend, indemnify and hold harmless The Freshman Fifteen and its subsidiaries, affiliates, officers, agents, employees, partners and licensors from and against any claim, suit, demand or action, and any and all direct losses suffered or incurred by The Freshman Fifteen, including reasonable attorneys’ fees, in connection with any third party claims due to, or arising out of, your use of the Web site, including your application to become a donor.
Waiver and Severability
Governing Law and Jurisdiction