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TERMS OF USE

Welcome and thank you for your interest in Dense Breast-info, Inc., a New York nonprofit corporation, and our website at www.densebreast-info.org (hereafter “DBI” or “Our,” “We” or “Us”).

These Terms of Use, Disclaimer & Privacy Policy (“Terms”) constitute a binding legal agreement between DBI and you (the website user), superseding any and all other negotiations or agreements unless such agreements are more protective of DBI’s rights.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY USING OUR SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, DISCLAIMER AND PRIVACY POLICY (COLLECTIVELY “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE, VIEW OR OTHERWISE ACCESS OUR SITE AND SERVICES.

DBI, wherever referenced in these Terms, includes DBI’s officers, directors, managers, employees, volunteers, independent contractors, advisors, contributors, affiliates, suppliers, advertisers, and agents, however, no such individuals shall have any individual responsibility for DBI whatsoever.

SITE or WEBSITE as used in these Terms means http://www.densebreast-info.org and all pages associated with this domain name.

INFORMATION as used in these Terms means any materials, services and products on the Site, including without limitation, images, research materials, photographs, text, graphics, logos, icons, images, sound recordings, tutorials, white papers, audio/visual clips and designs, multi-media materials and other content, whether provided by Us, contributors, licensors or users.

Revisions to the Terms. We reserve the right to revise, amend, modify or replace these Terms, Our Site and Our other policies and agreements at any time and in any manner. The most current version of Our Terms is available on this page of the Site and will supersede all previous versions. As such, you should review the Terms periodically. Your only recourse, if you disagree with the Terms, or changes to the Terms, is to discontinue your use of the Site and INFORMATION provided.

Revisions to Site. We consider Our Site to be informational in nature and are providing it as a service to Our community. We may make changes to the Site at any time without notice. In addition, the INFORMATION available on the Site may be out of date, incomplete or inaccurate, and We make no commitment to update the Site or INFORMATION on the Site. Any changes or failure to make updates shall not be considered evidence of improper action, a breach of these Terms or grounds for an actionable claim against Us in any manner, in equity or at law.

Eligibility. You must be at least thirteen (13) years of age to use the Site. By agreeing to these Terms, you represent and warrant to us: (a) that you are at least thirteen (13) years of age; (b) that you have not previously been suspended or removed from using the Site; and (c) that your registration, if any, and your use of the Site is in compliance with any and all applicable laws and regulations. If you are using the Site on behalf of an entity, organization or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.

Donations. We allow you to make donations or contributions through the Site to DBI. If you make such a donation or contribution, We will bill charges through the payment method specified by you, for example, a credit card. You authorize such credit card account to pay any amounts so donated or contributed by you and authorize Us (or Our authorized payment processor) to charge all sums described and authorized to such credit card account. You agree to provide Us with updated information regarding your credit card account upon Our request and any time the information earlier provided is no longer valid.

Validity of Content. This Site is for informational purposes only and is not intended to be a substitute for medical advice from a physician or to create a standard of care for health care providers. INFORMATION published on the Site may refer to legislation, regulations, products, programs or medical services that are not available in, or applicable to, your country or state. INFORMATION may be incomplete, out of date, expired or invalid. Please check with a legal or health professional for information regarding the legislation, regulations, products, programs and medical services that may be available to you or consult with your health professional if you need a diagnosis and/or for treatments as well as information regarding your specific condition. If you are experiencing an urgent medical condition in the U.S., call 9-1-1. For any other country, please check with your local operator to determine the appropriate emergency call number(s).

Statements detailed on the Site may be statements of future expectations and other forward-looking statements that are based on Our current view and assumptions and involve known and unknown risks and uncertainties that could cause actual results, performance or events to differ materially from those expressed or implied. The Site shall not form the basis of, or be relied upon in connection with, any contract or commitment whatsoever.

Use of Site. Unless otherwise indicated, DBI, or Our licensors or contributors, own the copyright to all INFORMATION on the Site. Additionally, We own all of the trademarks, service marks, slogans and logos (collectively, the "Marks") used and displayed on the Site, unless otherwise noted. Without Our explicit consent, no material from the Site (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of materials contained on the Site may violate copyright, trademark and other laws. Nothing in these Terms constitutes a waiver of any rights under copyright laws or any other U.S. Federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of DBI or any third party, whether or not registered or registrable.

We will allow you to view and print documents or web pages located on the Site for your own personal use but not for any for-profit or commercial activities or purposes or resale or any other type of transfer whatsoever; provided that (i) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to DBI and if possible provide a reference to Our main site http://www.densebreast-info.org, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is Our material. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person with whom you share the materials as to these Terms; and the recipient must agree to abide by these Terms. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by DBI or its licensors or contributors. You must receive advance written permission for any use of Our Site in lectures or presentations.

Further, without Our prior written permission, you may not:

  • Use the Site for any illegal purpose whatsoever, or in violation of any local, state, national or international law or regulation,
  • Violate or encourage others to violate the rights of third parties,
  • Post, upload or distribute any User Content that is unlawful, defamatory, libelous inaccurate, or that a reasonable person could deem objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate,
  • Interfere with the operation of the Site or any user’s enjoyment of the Site in any manner,
  • Make unsolicited offers or advertisements to other users,
  • Attempt to collect personal information about users or third parties without their consent,
  • Modify the information or materials on the Site in any way,
  • Reproduce, rent, sell, publicly display, perform, or distribute, transfer or otherwise use such INFORMATION for any public or commercial purpose,
  • Use any proprietary information on the Site on any other website or networked computer environment for any purpose,
  • Circumvent, remove, alter, deactivate, degrade or thwart any of the content protections on the Site,
  • Frame or utilize any framing or screenshot techniques to enclose any DBI trademark, logo, or other proprietary information (including images, text, page layout, or form) unless authorized,
  • Purchase search terms or use any meta tags or any other "hidden text" utilizing DBI’s name or trademarks without Our express written consent,
  • Attempt to hide your identity, or
  • Use any robot, spider, automated technology, device or manual process to monitor or copy any INFORMATION contained on the Site or use any of the same to interfere, or attempt to interfere, with the proper working of the Site.

Limited License Grant to DBI. In the event you email Us any commentary, reviews or materials regarding DBI (“User Content”), you grant DBI a worldwide, non-exclusive, royalty-free (i.e., without compensation to you) right and license, with the right to sublicense, to host, store, transfer, display, perform, reproduce, modify, and distribute such User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). This license will continue for 5 years, automatically renewing for additional 5-year periods unless you terminate the license 120 days prior to the end of a license period.

User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:

  • You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize DBI to use and distribute User Content as necessary to exercise the licenses granted by you herein and in the manner contemplated by Us and these Terms.
  • User Content, and the use of User Content as contemplated by the Terms, does not and will not: (a) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, or libel any third-party. You hereby indemnify and hold Us harmless from any liability, whatsoever, for any claim, demand, action, litigation or other legal proceeding, including attorneys’ fees and costs, from a third party regarding User Content and Our use thereof.
  • You hereby indemnify and hold Us harmless from any liability, whatsoever, for any claim, demand, action, litigation or other legal proceeding, including attorneys’ fees and costs, from a third party regarding User Content and Our use thereof.

Use of Name/Likeness. By providing DBI with any written comments, images or User Content, you hereby agree that DBI, its affiliates and its business partners may use your name, likeness, comments and User Content for advertising purposes on the world wide web, in print advertising, or any other advertising medium now known or hereafter developed, without further compensation or consideration. You agree to execute a further “model release” or other documentation as We reasonably request to fulfill the intent of this paragraph without additional compensation.

Refusal of Service/Right to Terminate. We reserve the right to terminate your access to the Site for any reason or no reason whatsoever at any time. Further, you understand and agree that We have the right to refuse to provide services to you or any other individual for any reason in Our sole discretion. Such alteration in service or refusal to provide service shall NOT be a breach of these Terms or any agreement with you and shall NOT subject DBI to any liability at law or in equity, without limitation, even if you suffer damages.

Your fraudulent, abusive, or otherwise illegal or unauthorized activity, or any activity in breach of these Terms, will be grounds for termination of the limited license to use Our Site granted by these Terms and will result in the cancellation of your license to view and use the Site. Upon termination of these rights, you must immediately return any improperly utilized DBI property.

Copyright. The INFORMATION on the Site is copyrighted and owned solely by, or is licensed from others to, DBI. Any unauthorized use of any INFORMATION available on the Site may violate U.S. Copyright laws, as well as other laws. You may not use any copyrighted INFORMATION on the Site without Our written permission. In some instances, specifically quoted legislation or regulations are not protected by copyright. If no copyright notice appears in connection with such legislation or regulation, that material is in the public domain and you are free to use it without Our permission. Please understand that We claim copyright to the form and format and manner in which the publicly available legislation or regulation appears. You may not use any of Our copyrighted form and format without Our written permission.

Trademarks. We own the following trademarks and trade names, whether registered in the U.S., elsewhere in the world, or utilized at common law:


Get Smart About Being DenseTM

DENSE BREAST-INFO™

DENSE-INFO.ORG™

This list may not be complete and We may own additional trademarks or service marks that are not listed herein. If you have questions about Our marks, please contact contact@dense-info.org. You may not use any of Our marks without Our written permission.

Relief For Breach. We reserve all rights and remedies at law and equity in the event you breach any of these Terms or violate Our rights in any manner. You agree that We may proceed with such injunctive relief as may be available to prevent your breach and, in addition, may pursue an action to recover damages. You agree that, because of the difficulty in measuring damages in connection with any misappropriation or theft of Our confidential and proprietary information, copyrighted information, or other intellectual property, as that term is commonly understood, you will be liable to pay Us $1,500.00 (fifteen hundred dollars) U.S. for each unauthorized use of Our proprietary information or intellectual property materials. Also, you will be responsible for any and all of Our attorneys’ fees and costs for having to make any claim or collect on any claim against you, including, without limitation, any demand, action, proceeding or litigation for such misappropriation or infringement. You agree that such amounts are not punitive in nature, but are necessary in order to protect Our proprietary rights and are in the nature of liquidated damages.

Third party relationships. We may have agreements with other entities, which entities may change without notice and with which we conduct business. We use third party entity names with permission. No further use by you is granted without written permission.

We may link to such third parties or others on the Internet. We make no representation regarding these third parties and have no control over how third parties use information, their use of “Cookies,” or the safety of content on their websites. Should you be directed to a third-party website, We disclaim any and all liability whatsoever (as more specifically detailed by Our Disclaimers). Should you have any questions regarding these third parties, the information shared or do not wish to have your information shared with such third parties, please contact contact@dense-info.org. Also, please see Our Privacy Policy for more information.

Links/Third Party Services or Products. Any reference or link to another website, product, service, or entity does not necessarily constitute or imply any ownership, sponsorship, endorsement arrangement or any other relationship with DBI. Further, the views and opinions expressed in any referenced link or User Content does not necessarily state or reflect those of DBI. Please consult Our Privacy Policy and the information regarding Linked Site in that policy.

Representation of Condition. You understand and agree that INFORMATION on the Site may deal with health condition and risks and may include suggestions. You hereby assume all risks of use of INFORMATION on Our Site, waive any rights of action against DBI, as a result of any injury or condition that may result from such use and hold DBI harmless and release Us from any and all liability, claims, demands, or actions, or causes of action whatsoever, including attorneys’ fees and costs, arising out of any damage, loss, injury to you, your family members, heirs, successors, employees or independent contractors, whether such loss, damage or injury results from the negligence of DBI or from some other cause. This waiver and release from liability shall apply for all periods during or after your use of Our Site and shall apply to and for the benefit of all your successors, assigns, heirs and personal representatives.

Last Updated: June 11, 2018