TERMS OF USE

Last Updated: 4.5.2019

These Terms of Use (the “Terms”) govern your use of the website located at www.chemistswithoutborders.org (the “Site”) owned by Chemists Without Borders, Inc., a 501(c)(3) corporation (“Chemists Without Borders”). These Terms are important and affect your legal rights, so please read them carefully. By accessing or using the Site, you agree to be bound by these Terms, and the Privacy Statement, which are incorporated herein by reference.

By accepting these Terms, you represent that you are of the age of majority and capable of entering into a binding contract in the country in which you reside. By accessing or using the Site, you represent and warrant that you have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site. If you do not agree to every provision of these Terms in their entirety, you may not access or use the Site.

These Terms may be revised at any time for any reason, and Chemists Without Borders may provide you notice of these changes by any reasonable means, including by providing notice through the Site. You can determine when we last updated the Terms by referring to the “Last Updated” legend at the top of these Terms. By continuing to access, browse or use the Site, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference. We strongly recommend that you periodically visit this page of the Site to review these Terms. If you do not agree to the revised Terms, you may not access or use the Site.

Site Services

Chemists Without Borders is a volunteer-led, nonprofit organization that seeks to solve humanitarian problems by mobilizing the resources and expertise of the global chemistry community and its networks. This Site offers resources and information pertaining to that purpose, including but not limited to the ability to sign up for a membership, receive our newsletter, contribute project ideas, provide feedback, and make donations.

Projects and Donations

You may donate to Chemists Without Borders by using the “Donate” link on the Site. All donations are final and nonrefundable, unless Chemists Without Borders determines, at its sole discretion, that a refund is appropriate. While you may request that your donation be allocated to fund a particular Chemists Without Borders project, we reserve the right to determine, in our sole discretion, the specific project and the allocation amounts to which your donation will ultimately be allocated. Chemists Without Borders makes no guarantee regarding any of its projects, including any promises of a project’s success or completion. Please note that when making a donation on www.chemistswithoutborders.org you exit the Chemists Without Borders website and enter the website of our third party store merchant. All donation payment transactions are handled directly by our third party store merchant, and not by Chemists Without Borders. The third party store merchant has an independent Terms of Use and Privacy Policy which you will be subject to when making a donation using our third party store merchant’s service and we encourage you to review all such terms prior to making any donation.

Submitting Content

You hereby grant an irrevocable, perpetual license to Chemists Without Borders to fully exploit any “Content,” which includes, but is not limited to, suggestions, feedback, ideas, graphics, photos, sounds, or other submissions, communicated or submitted by you through this Site. Chemists Without Borders is entitled to use any Content submitted for any purpose, without restriction (except as stated in the Privacy Statement) or compensation to the person sending the submission, including, but not limited to, its reproduction, redistribution, adaptation, modification, public performance or display in any format and through any venue.

You may use this Site without volunteering personally identifiable information. Please refer to the Privacy Statement for additional information on our practices for handling personally identifiable information. However, if you choose to provide information to register for or participate in a feature or service on this Site, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you. In addition, you are responsible for ensuring that Content submitted to Chemists Without Borders by you through this Site is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights of another person or entity, or any other harm resulting from your submission of Content to Chemists Without Borders through this Site and you agree to indemnify, defend, and hold harmless Chemists Without Borders from any claims arising from your submission of Content.

Restrictions on Use of the Site

The Site is controlled and operated by Chemists Without Borders from its offices within the United States. Chemists Without Borders makes no representation that materials on this Site are appropriate or available for us in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Compliance with laws

You agree to use this Site for lawful purposes only and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties.

Copyrights

The copyright in all material provided on this Site is held by Chemists Without Borders. The contents of this Site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the express permission of Chemists Without Borders, except that you may copy, download or print the materials on this Site for your personal and non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Chemists Without Borders’ permission, “mirror” any material contained on this Site or any other server. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in any way exploit copyrighted materials and such use is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities. All trademarks, service marks, and trade names in this site are the marks of the respective owner(s), and any unauthorized use thereof is strictly prohibited. Any unauthorized use of any material contained on this Site may violate copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

Limitation of Liability

THE MATERIALS IN THIS SITE, INCLUDING MATERIALS IN LINKED SITES DIRECTLY OR INDIRECTLY ACCESSIBLE FROM THIS SITE, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED BY LAW, CHEMISTS WITHOUT BORDERS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. CHEMISTS WITHOUT BORDERS DOES NOT WARRANT THAT THE MATERIALS OR THE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHEMISTS WITHOUT BORDERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR RELIANCE ON SUCH CONTENT AND/OR DATA.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, OR SIMILAR ECONOMIC LOSS), WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS AVAILABLE IN THIS SITE OR ANY LINKED SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY THEREOF, NOR FOR ANY CLAIM BY A THIRD PARTY. THE MAXIMUM LIABILITY OF CHEMISTS WITHOUT BORDERS WILL BE LIMITED TO THE CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK.

You agree to release, defend, indemnify, and hold us harmless from and against any and all claims, losses, liabilities, damages and expenses (including attorney’s fees) arising out of your use of this site or your violation of these Terms.

Legal Requirements; Privacy Statement

Where Chemists Without Borders has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Chemists Without Borders may disclose IP addresses, personal information, and any contents of the Site where it reasonably believes it is compelled to do so. Please see Chemists Without Borders’ Privacy Statement for additional information relating to the privacy and security of information collected hereunder.

Linked Sites

This Site may provide links or references to other sites originating from other companies, individuals or organizations. However, the materials that can be accessed from such sites are not maintained by us and we are not responsible for the contents thereof and we shall not be liable for any damages or injury arising from that content. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by us, and you assume all risk with respect to its use.

Feedback

Any communication you send to this Site or otherwise to Chemists Without Borders by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Chemists Without Borders for any purpose whatsoever, including, but not limited to its reproduction, redistribution, adaptation, modification, public performance or display in any format and through any venue. Notwithstanding the foregoing, all personal data provided to Chemists Without Borders online, will be handled in accordance with Chemists Without Borders’ Privacy Statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. The sender of communications to this Site or otherwise to Chemists Without Borders shall be responsible for the content and information contained therein, including its truthfulness and accuracy.

Modifications to the Site

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) at any time.

Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.

Governing Law and Jurisdiction

These Terms shall be governed in accordance with the laws of the state of California, USA, excluding its conflict of law provisions. All disputes related to the Site or these Terms of Use shall be brought exclusively in State or Federal courts located in Santa Clara County, California. We reserve the right to add, delete, or modify any or all terms of use at any time with or without notice. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms to which you are bound.

Notice

All notices, demands, or other communications given by you under these Terms shall be in writing and will be deemed given when delivered to Chemists Without Borders at hr@chemistswithoutborders.org. Any notices to you may be made via either e-mail or postal mail to the address in Chemists Without Borders’ records or via posting on the Site. Please report any violations of these Terms to Chemists Without Borders at the contact listed above.

Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

Miscellaneous

These Terms constitute the entire agreement between you and Chemists Without Borders relating to your access to and use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Chemists Without Borders. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Chemists Without Borders’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.