Term of Use FIMRC

IMPORTANT:

THE FOLLOWING TERMS OF USE (hereafter the "Terms of Use") CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS A DISPUTE RESOLUTION AND ARBITRATION (see Section 11 below) PROVISION THAT GOVERNS HOW POTENTIAL DISPUTES WILL BE SETTLED.

The Foundation for International Medical Relief of Children (“FIMRC”) is a 501(c)(3) not for profit charitable organization incorporated in the District of Columbia that establishes effective healthcare systems delivering acute and preventative health services to members of underserved communities in foreign locations and provides no-cost healthcare to children. FIMRC maintains this website (“Website”) through an external contractor as a courtesy to those who access or use the Website (“Users”). The information presented on the Website is for informative purpose only.

For the avoidance of doubt, it is agreed that the term Users shall include persons who have been accessing or using, are accessing or using, or will be accessing or using the Website.

1. Acceptance of the Terms of Use:

1. By accessing or using the Website, you agree to be these Terms of Use, together with any supplemental terms, policies, rules and guidelines that may be published on the Website by FIMRC. Should you object to any term or condition or guideline herein set or to any subsequent modification of the foregoing, your only recourse is to immediately discontinue use of the Website.

2. Without prejudice to any remedy FIMRC is entitled to in law or equity, you further agree that FIMRC reserves the right to enforce the Terms of Use through self-help, community moderation, active investigation, litigation and prosecution, as it may be applicable or practicable, at FIMRC's discretion.

2. Behavioral Guidelines:

1. The Website does not contain user content. As a result, you acknowledge and agree that it is strictly forbidden for you or any other User to access or use the Website to upload, store or transit any information without the prior express consent of FIMRC.

2. Furthermore, you agree not to submit or transmit, directly, indirectly or in any way whatsoever, through the Website any material, or otherwise engage in any conduct that may, notably:

  •  Violate or infringe any right whatsoever including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  •  Be unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious in any way whatsoever or contain explicit or graphic descriptions, or accounts of, sexual acts;
  • Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other discrimination;
  • Contain viruses or any other computer code, bot, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network, or allows to automatically collect information or any other material from the Website;
  • Encourage conduct that would constitute a criminal offense, or that may give rise to civil liability;
  • Damage, disable or overburden our server, attempt to gain unauthorized access to protected content (defined as any material that may be located or on or accessible through our server, or the computer or network of the Users, but which is not publicly available on the Website), or harvest information about the other Users;
  • Use the Website to transmit, directly or indirectly, any unsolicited communications, scams or spamming;
  • Violate these Terms of Use, or any other guideline or policy posted on the Website by FIMRC or its network administrators; or
  • Interfere with the use of the Website by others or render it harmful to them or their property.

3. Property Rights

1. Unless otherwise specified, you acknowledge and agree that FIMRC owns all legal right, title and interest in and to the Website and to any material whatsoever published on the Website - including without limitation any data, text, communication, message, information, software, image, audio and video - ("Content”), including any intellectual property rights (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You acknowledge and agree that nothing in these Terms of Use gives you the right to use or copy the Content or any of FIMRC’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

2. You acknowledge that the Website may contain features and functionalities that may link you or provide you access to third party websites ("Third Party Website") or content (“Third Party Content”), managed and developed independently from FIMRC. Therefore, you acknowledge and agree that FIMRC does not own any legal right, title or interest (with the exception of the right to use the portion published on the Website) in any of the Third Party Content, the Third Party Website, its (or the third party’s) trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, whether some of them may be contained on the Website or not.

3. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or published within the Website and that you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

4. Relationship with Third Party Websites

1. You acknowledge and agree that any access or use of a Third Party Website shall be governed by the terms of use of that particular Third Party Website only, and that any communication, relationship, including without limitation payment or shipping of goods or services or any other terms, conditions and warranty in connection with the aforementioned, is only entered into between you and the third party and shall not be binding FIMRC in any way whatsoever.

5. Disclaimer

1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS AND USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". YOU AKNOWLEDGE AND AGREE THAT FIMRC MAKES NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE WEBSITE OR ITS CONTENT. TO THE EXTENT PERMITTED BY LAW, FIMRC DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER IMPLIED OR EXPRESSED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES THAT ALL SOFTWARE, CONTENT AND SERVICES AVAILABLE THROUGH THE WEBSITE, TOGETHER WITH THE WEBSITE ITSELF, ARE OF SATISFACTORY QUALITY, ACCURATE, TIMELY, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. FURTHERMORE, FIMRC DOES NOT GUARANTEE THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION, AVAILABLE AT ALL TIMES, OR THAT ANY DEFECT IN THE OPERATION OR FUNCTIONALITY OF THE WEBSITE OR ANY SOFTWARE PROVIDED ON OR THROUGH THE WEBSITE WILL BE CORRECTED.

6. Liability Waiver – General

1. TO THE EXTENT PERMITTED BY LAW, FIMRC SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES ARISING FROM THE USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE OR ITS CONTENT. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF FIMRC KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

7. Liability Waiver – Third Party Website/Content

1. YOU HEREBY AGREE THAT FIMRC SHALL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE, IN ANY WAY WHATSOEVER AND TO THE EXTENT PERMITTED BY LAW, INCURRED IN CONNECTION WITH THIRD PARTY CONTENT OR THIRD PARTY WEBSITE.

2. FURTHERMORE, YOU HEREBY AKNOWLEDGE AND AGREE THAT ANY RELASHIONSHIP BETWEEN YOU AND A THIRD PARTY (WHETHER FIMRC PROVIDED THE LINK TO THIS THIRD PARTY WITHIN THE WEBSITE OR NOT) IS BETWEEN YOU AND THE THIRD PARTY ONLY, AND THAT FIMRC SHALL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY HAVE INCURRED IN CONNECTION WITH, OR CLAIM YOU MAY HAVE AGAINST, A THIRD PARTY.

8. Indemnification

1. Upon FIMRC's request, you agree to defend, indemnify, and hold FIMRC, its affiliates and/or their respective representatives harmless from and against any and all losses, claims (including, but not limited to any civil, criminal, or administrative action), obligations, demands, assessments, penalties, liabilities, expenses (including, for the avoidance of doubt, attorney's fees), and/or damages asserted against or incurred by FIMRC, its affiliates and/or their respective representatives that may arise or result from your use or misuse of the Website. FIMRC reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

9. Privacy

1. For information about FIMRC’s data protection practices and privacy policies, please read  (“Privacy Statement”). This link explains how FIMRC treats your personal information, and protects your privacy, when you access or use the Website.

2. You hereby acknowledge that you understand FIMRC’s Privacy Statement, and you expressly agree to the use of your data in accordance with the Privacy Statement.

3. You and FIMRC agree that the Privacy Statement shall be incorporated to these Terms of Use by reference as if fully set out herein.

10. Changes to the Terms of Use

1. You hereby acknowledge and agree that FIMRC reserves the right to modify these Terms of Use at its own discretion, together with any supplemental terms, policies, rules and guidelines that may be published on the Website by FIMRC.

2. In such event, FIMRC agrees that it shall make a new copy of the Terms of Use available on the Website, and you understand and agree that by accessing or using the Website after the date on which the Terms of Use have been modified, you will be accepting and be bound by the updated Terms of Use.

11. Applicable Law / Dispute Resolution - Arbitration / Jurisdiction

1. These Terms of Use, and your relationship with FIMRC under these Terms of Use, shall be governed by the laws of the District of Columbia, without regard to its conflict of laws provisions.

2. In the event of a dispute arising from or in connection with the Terms of Use, the Website or the Content, you agree to first try and seek for an amicable settlement with FIMRC by contacting and notifying FIMRC’s legal department at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

3. If FIMRC is not able to offer a reasonable solution and you and FIMRC are not able to agree on a reasonable settlement within 15 days from receipt of the notification by FIMRC, you and FIMRC agree that the aforementioned dispute shall be exclusively resolved by binding arbitration in the District of Columbia, USA, and conducted in the English language in accordance with the commercial arbitration rules of the International Chamber of Commerce, found at http://www.iccwbo.org/court/arbitration/id4424/index.html. You and FIMRC agree that the decision rendered in such arbitration shall be binding on both parties, final and non-appealable.

12. Miscellaneous

1. The Terms of Use (together with the Privacy Statement and any supplemental terms, policies, rules and guidelines that may be published on the Website by FIMRC, as referenced in Section 1.1 above) are the complete and exclusive statement between you and FIMRC with regard to the subject matter hereof and supersede and/or terminate all prior agreements, discussions or communications between you and FIMRC (whether written or oral) with regard to the subject matter hereof.

2. A waiver by FIMRC of any particular breach or default in connection with any provision of the Terms of Use shall not be deemed as a waiver of any subsequent default or breach of that same or any other provision of the Terms of Use.

3. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

4. You acknowledge and agree that FIMRC’s affiliates and their respective representatives shall be third party beneficiaries to the Terms of Use and that these other entities or persons shall be entitled to directly enforce, and rely upon, any provision of the Terms of Use which confers a benefit on (or rights in favor of) them. Other than this, no other person or entity shall be third party beneficiaries to the Terms of Use.

5. The Terms of Use can only be modified in compliance with Section 10 above.

6. For your convenience, FIMRC may decide to publish translations of the Terms of Use. In such an event, you acknowledge and agree that the English version shall prevail.

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