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Terms and Conditions

Terms and Conditions

Your use of Michelson Medical Research Foundation d/b/a Michelson Philanthropies’ (“Michelson Philanthropies”) Website www.michelsonphilanthropies.org (the “Website”) is contingent upon acceptance of and compliance with the following Terms of Use. By using Michelson Philanthropies Website you acknowledge that you agree to these terms. If you do not agree to these Terms of Use, please do not access or use the Website.

Use of this Website

Michelson Philanthropies owns and maintains its Website for your personal, noncommercial use. All content on the Website, including but not limited to artwork, data, text, trademarks, service marks, and logos, is, unless otherwise noted, the exclusive copyrighted property of Michelson Philanthropies. Your use of the Website constitutes an agreement between you and Michelson Philanthropies, which consists of the terms and conditions set forth herein. No portion of the Website may be copied, reproduced, reused, distributed, transmitted, or modified for any purpose without Michelson Philanthropies’ express written permission. You agree not to send unsolicited commercial email, including but not limited to spam, chain emails, advertising solicitations and similar email solicitations, to any email addresses provided on the Website. You agree not to use any device, software or routine that interferes with the proper functioning of the Website or servers or networks connected to the Website, or take any other action that interferes with other parties’ use of the Website. You agree not to use any “robot”, “spider” or other automatic or manual device or process for the purpose of compiling information on the Website for purposes other than for a generally available search engine. Unauthorized use of the Website may violate copyright laws, trademark laws, or other applicable laws.

Limitation of Liability

The Website is provided for your use without any warranties, express or implied. By using the Website you agree to assume all risk associated with the use of the Website. You further agree to hold harmless Michelson Philanthropies, its subsidiaries, affiliates, officers, directors, employees and agents from all claims arising out of or related to your use of, or inability to use, the Website or the Website to which the Website is linked. You agree that Michelson Philanthropies will not be liable for any damage or loss caused or alleged to be caused by you in reliance on any information contained on the Website. In no event shall Michelson Philanthropies, its subsidiaries, affiliates, officers, directors, employees or agents be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the use of the Website.

Agreement To Arbitrate Controversies

To the fullest extent permitted by applicable law, by visiting the Website, you agree that any and all disputes relating to your visit to the Website or to products you purchase through the Website shall be submitted to confidential arbitration in California, except that, to the extent you have violated or threatened to violate Michelson Philanthropies’ intellectual property rights, Michelson Philanthropies’ may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The award from arbitration shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

Disclaimer

Michelson Philanthropies does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and content found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and Michelson Philanthropies expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

Indemnification

By using the Website, you agree to defend, indemnify and hold Michelson Philanthropies, its subsidiaries, affiliates, officers, directors, employees and agents harmless from any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website. Your use of the Website constitutes an agreement between you and Michelson Philanthropies. This agreement, which consists of the terms and conditions set forth herein, shall be governed by, construed under and enforced in accordance with the laws of the State of California. Any action in connection with, relating to and/or arising from this agreement shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You acknowledge and consent to jurisdiction in the State of California, County of Los Angeles for any claims arising from your use of the Website.

Class Action Waiver

To the fullest extent permitted by applicable law, any dispute proceedings brought in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. You will not seek to have any dispute heard as a class action or in any proceeding in which either party acts or proposes to act in a representative capacity.

Linking

These terms and conditions apply exclusively to the Website. The Website provides links to other third party websites that are not under Michelson Philanthropies’ control. Michelson Philanthropies is not responsible for the terms and conditions, privacy practices or content of any website linked to or from the Michelson Philanthropies Website. The Michelson Philanthropies Website does not incorporate any materials appearing in such linked sites by reference, and Michelson Philanthropies does not necessarily sponsor, endorse or otherwise approve of such linked materials. You acknowledge that when you leave the Website and access a linked site you do so at your own risk. Please review the terms of use of such third party websites in detail as they may be inconsistent with these Terms of Use.

Modifications

Michelson Philanthropies reserves the right to change these Terms of Use at any time and from time to time for any reason, including to address new functionality or changes to the Website, or to address new issues that require changes to these Terms of Use. In the event these Terms of Use are changed, an updated version of these Terms of Use will be posted here. Please refer back to these Terms of Use regularly, because your use of the Website signifies that you agree to be bound by these Terms of Use, as it might be amended from time to time.

Copyright and Reprint Policy

Copyright 2021. The Michelson Medical Research Foundation, Inc. d/b/a Michelson Philanthropies. All Rights Reserved.

This Website is for your personal, noncommercial use. All material, whether in the form of text, layouts, graphics or logos, published and/or displayed on the Website is protected under the Copyright Laws of the United States. You may not sell, copy, upload, post, publish or distribute any of this Website’s content without the written permission of Michelson Philanthropies. To request permission to use any portion of the contents of this Website, please contact Michelson Philanthropies at media@michelsonphilanthopy.org.