Terms of Use | Find My Living Donor

Effective Date: 07/30/2023

THESE TERMS OF USE (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND FIND MY LIVING DONOR, (“WE”, “US”, OR “OUR”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THIS WEBSITE (THE “SITE”). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE, OR ANY INFORMATION CONTAINED ON THIS SITE.

1. YOUR AGREEMENT

By accessing or using this Site, you agree to all the Terms and consent to Find My Living Donor’s processing of your information consistent with our Privacy Policy. If you do not agree to all the Terms and the Privacy Policy, do not access or otherwise use this Site, any Site available through this site, or any information contained on this Site.

2. CHANGES

We may change these Terms or modify any feature of the Site at any time. The most current version of the Terms can be viewed by clicking on the “Terms of Use” link posted through the Site. You accept the Terms by using the Site, and you accept any changes to the Terms by continuing to use the Site after we post the changes.

3. YOUR USE OF THIS SITE

By using this Site, you represent, acknowledge and agree that you are of the age of majority under the laws of your jurisdiction, or if you are under the age of majority under the laws of your jurisdiction but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Find My Living Donor if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to Find My Living Donor or the Site.

4. PROHIBITED CONDUCT

You may not access or use, or attempt to access or use, the Site to take any action that could harm Find My Living Donor or any third party, interfere with the operation of the Site, or use the Site in a manner that violates any laws. For example, and without limitation, you may not: impersonate any person or entity; engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information; take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network; attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site; engage in any other conduct that restricts or inhibits any person from using or enjoying the Site, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type. Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Site for any or no reason at any time without notice.

5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THIS SITE OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITE, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THIS SITE OR ANY THIRD-PARTY SITES LINKED TO OR FROM THIS SITE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SITE, ANY INTERRUPTION IN AVAILABILITY OF THE SITE, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SITE OR THE DATA COLLECTED THROUGH THE SITE, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL FIND MY LIVING DONOR’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE SITE EXCEED U.S. $100.00.

6. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FIND MY LIVING DONOR AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE SITE, AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.

7. THIRD-PARTY SITES

The Site may be linked to other websites that are not controlled or operated by Find My Living Donor (collectively, “Third-Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Find My Living Donor, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any Third-Party Sites. Find My Living Donor is providing links to the Third-Party Sites to you as a convenience, and Find My Living Donor does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT FIND MY LIVING DONOR WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Find My Living Donor’s endorsement or recommendation.

8. JURISDICTION

Find My Living Donor controls and operates this Site in the United States of America. We in no way warrant or imply that the materials on the Site are appropriate for use outside of the United States. If you use the Site from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Site in violation of U.S. export laws and regulations. Any claim relating to the Site or your use of it shall be governed by the internal substantive laws of the State of South Carolina, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions. Foreign laws do not apply. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in Richland County, South Carolina.

9. MISCELLANEOUS
These Terms constitute the entire agreement between you and Find My Living Donor, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Site.

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

10. Contact

If you have any questions about these Terms you can email us at: Terms.FindMyLivingDonor@gmail.com