The Mark Foundation for Cancer Research (U.S.) Ltd. (“The Mark Foundation,” also referred to herein as “we” or “us”) respects the privacy of visitors to our website, https://themarkfoundation.org/ (the “Site”). This privacy policy (the “Policy”) describes how The Mark Foundation handles information collected from users of the Site. By using the Site, you are deemed to agree to the terms of this Policy, so please do not use the Site if you do not agree with these terms.
We may update this Policy at any time. Any changes to the Policy will become effective upon the date of our posting of the revised Policy on the Site. If you visit the Site following the effective date of the revised Policy, you will be deemed to have accepted the Policy’s updated terms.
The information we collect through the Site includes “Personally Identifiable Information” (or “PII”), which is information that identifies you as an individual, such as your first and last name, email address, and organizational affiliation, if any. We collect this information when you voluntarily provide it, such as when you sign up to receive updates about us and information of interest to you. You may also apply for a grant by searching through the Site, and if you proceed to submit a grant application, you will automatically enter a separate website hosted by a third party, Momentive, and your PII will be collected in accordance with the Momentive privacy policy, https://www.surveymonkey.com/mp/legal/privacy/. If you make a donation through the Site, we will collect your name, email address, and billing address, but your payment information (e.g., credit card number) will be collected solely by our payment processor, Stripe. Stripe protects personal information in accordance with its own privacy policy (Privacy Policy (stripe.com)) and its commitments to its customers, including The Mark Foundation, to protect payment information provided to it on behalf its customers.
The Site also automatically collects information about you that is generally not PII (“Non-PII”) but relates to your use of the Site. Non-PII is aggregated information, demographic information and any other information that does not reveal your specific identity. Non-PII is “passively” collected from you through browser navigational tools, such as cookies, that can recognize your visits by identification of the computer or device that you are using to access the Site. Although we do not ourselves set cookies, we use cookies set by WordPress to maintain the functionality of the Site and we use Google Analytics to help us track usage of the Site. Please see Section 5 below for a description of the cookies used on our Site.
a. PII: We may use the PII that we collect about you for any or all of the following purposes:
b. Other Information: Through Google Analytics, we use non-PII to help us improve the Site, such as by analyzing Site visitor trends, including usage of certain pages or functions on the Site. We may also use non-PII for other purposes, and if any such use involves combining the non-PII with any data so that it became identifiable to you or another person, we would then treat it as PII in accordance with this Policy.
a. Service Providers. We share PII with unaffiliated third parties who provide us with services, such as the designer of the Site and others who assist us with technology, data analysis, or similar services. We do not share PII with unaffiliated third parties for their own marketing purposes.
b. Allied Organizations. We are members of organizations such as the Health Research Alliance, https://www.healthra.org/, that share our mission to support and enhance research to improve human health on a global scale. As members, we share with such organizations basic information on the institutions and individuals to whom we award research grants, including the individual’s name, affiliated institution, and details on the grant awarded.
c. Acquirers or Assignees. In the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of The Mark Foundation or its assets, we may transfer any and all information that we collect from Site users to the acquiring party or assignee.
d. Entities Entitled Under Law. We may disclose PII as we believe to be appropriate in the following circumstances: (i) when required by applicable law, including laws outside your country of residence; (ii) to comply with legal process (iii) to respond to requests from public and government authorities; (iv) to enforce the terms and conditions for use of the Site, including this Policy; (v) to protect and defend our rights and property; (vi) to protect the interests of The Mark Foundation or others; and (vii) to permit us to pursue available remedies or limit the damages that we may sustain. We have no obligation to notify you of such disclosures, except as required by applicable law.
a. Accuracy. If you would like us to correct, update or remove PII about you that you previously provided to us, please inform us through the “Contact Us” page on the Site.
b. Security. We use reasonable organizational, technical and administrative measures to help protect against the loss, misuse and alteration of the information under our control. However, no data transmission over the Internet or data storage system can be guaranteed to be 100 percent secure. Please do not send us information you consider confidential via e-mail.
c. Data Retention. We will retain PII about you for the period necessary to fulfill the purposes outlined in this Policy.
As noted above, we use cookies set by WordPress and Google Analytics to help us improve users’ experience on the Site. The specific cookies currently placed on our Site are:
These cookies are used solely to facilitate Site visitors’ use of the Site and to help us learn about users’ interests in particular areas of the Site, all of which enables us to try to make the Site as helpful as possible for visitors.
a. Tracking on Our Site. We do not currently allow others to collect the PII of visitors to our Site by tracking individuals’ usage of our Site and other websites over time. As noted above, however, we use Google Analytics to collect information about Site visitors in order to provide analytics services that help us to improve the Site.
b. Other Websites. The Site may contain links to websites operated by parties not affiliated with The Mark Foundation. These linked websites are not under our control and we are not responsible for the privacy practices or the contents of any such unaffiliated parties or their websites. If you provide PII through any such third-party website, the PII will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties.
The Site is not directed to minors and we do not knowingly collect PII from any individuals under age 16.
By using the Site, you are deemed to understand and unambiguously consent to the collection and processing of your PII in the United States, with the awareness that the laws of the United States may not provide as much protection for PII as the laws of certain other countries or territories.
If you have any questions or concerns related to this Privacy Policy or the information practices of this Site, please reach out to us through the “Contact Us” page on the Site, or write to us or call us at the address/phone number below.
The Mark Foundation for Cancer Research, 1350 6th Avenue, New York, NY 10019. Tel.: 646.866.5950.
Last Updated: October 4, 2024
These Terms of Use are entered into by and between you and The Mark Foundation for Cancer Research U.S. Ltd. The following terms and conditions (these “Terms of Use”) govern your access to and use of our website, currently located at https://themarkfoundation.org/ (including the home page and, except as otherwise expressly stated in these Terms of Use, all other pages under the same top level domain name, as well as any mobile version of the website) (collectively, the “Website”). As used in these Terms of Use, the terms “The Mark Foundation”, “we”, “us”, and “our” refer to the Mark Foundation for Cancer Research (U.S.) Ltd. and “you” means the individual user and, if such individual is using the Website on behalf of or for the benefit of a company or other legal entity, also such company or entity. If you are agreeing to these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such company or entity.
Please read these Terms of Use carefully before you use the Website. By using the Website, you agree to be legally bound by these Terms of Use and our Privacy Policy (as defined below). If you do not agree to these Terms of Use or our Privacy Policy, you are not permitted to use the Website.
THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS VARIOUS CONDITIONS, LIMITATIONS, AND EXCLUSIONS, INCLUDING LIMITATIONS OF LIABILITY IN SECTION 8 AND AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 10.
BY AGREEING TO THESE TERMS OF USE, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS THAT YOU WAIVE YOUR RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
1.1. Age Restrictions. You must be 18 years or older to use Our Materials (as defined below). By using Our Materials, you represent that you are at least 18 years old.
1.2. Privacy Policy. Our privacy policy, available above (our “Privacy Policy”), describes our policies and procedures regarding the collection, use, and disclosure of your personal information when you use Our Materials, including if you provide us with your contact information in connection with our newsletter or otherwise submit any information to us through the Website, and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using Our Materials.
2.1. Our Intellectual Property Rights. All articles, newsletters, blog posts, research, papers, memoranda, or other content or materials that we make available to download on the Website (“Downloadable Content”), all services offered on or through the website (the “Services”), and the Website and all of its contents, features, and functionality (including all information, text, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “Our Materials”) are subject to protection by Intellectual Property Rights. You acknowledge that The Mark Foundation and its licensors (excluding you) own all right, title, and interest in and to Our Materials, including without limitation all related Intellectual Property Rights. “Intellectual Property Rights” means any and all patent, copyright, trademark, trade secret, database rights, and any and all other intellectual property or proprietary rights of any kind, and any and all applications, renewals, extensions, and restorations thereof, now and hereafter existing worldwide. Our name, trademarks, service marks, logos and trade dress may not be used in connection with any product or service without our prior written consent, in each instance.
2.2. Limited License. Subject to your compliance with these Terms of Use, we hereby grant to you a royalty-free, revocable, non-assignable, non-sublicensable, non-transferrable, and non-exclusive limited license to use Our Materials strictly in accordance with these Terms of Use and any other instructions we provide. Such use is limited to use of Our Materials for your own personal purposes, and not in order to provide any third party, directly or indirectly, with access to or use of Our Materials, whether in the manner of a service bureau, outsourcing provider, or otherwise. Other than as expressly granted in these Terms of Use, no right, title, or interest in or to Our Materials is transferred to you, and all rights not expressly granted are reserved by The Mark Foundation. Any use of Our Materials or any other Intellectual Property Rights owned by The Mark Foundation that is not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. We reserve the right to terminate this limited license at any time and for any reason, with or without notice to you, as well as the right to enforce our Intellectual Property Rights to the fullest extent permitted by law, including seeking monetary damages, civil penalties, and criminal prosecution.
2.3. Restrictions. Unless we provide you with our express prior written consent otherwise, you agree not to: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit Our Materials, whether in whole or in part; (b) copy, reproduce, distribute, republish, download, display, post, or transmit, in any form or by any means, Our Materials; (c) interfere with, disrupt, or create an undue burden on the servers or networks connected to Our Materials, or violate the regulations, policies, or procedures of such networks; (d) attempt to gain unauthorized access to Our Materials (or to other computer systems or networks connected to or used together with Our Materials), whether through password mining or any other means; (e) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of Our Materials; (f) upload, transmit, or distribute to or through Our Materials any computer viruses, any worms, or any software intended to damage or alter any computer system or data; (g) use any robot, spider, or other automatic device, process, or other means to crawl, scrape, or otherwise access Our Materials, including in connection with the development of any artificial intelligence algorithm or system; (h) use Our Materials in any way that violates any applicable laws, including transmitting or sending any advertising or promotional material, such as “junk mail,” “chain letter,” “spam,” or any other similar solicitation; or (i) use Our Materials to impersonate or attempt to impersonate any person or entity, or for any lobbying or political activities.
2.4. Additional Prohibitions. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any of Our Materials. In addition to the above restrictions, which are applicable to the Downloadable Content, we may place additional limitations on the Downloadable Content, including restricting the number of downloads of Downloadable Content you may make and the purposes for which you may use Downloadable Content.
2.5. No Additional Services. You are responsible for making all arrangements necessary for you to use Our Materials. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with your use of Our Materials.
2.6. Feedback. You may submit feedback, innovations, opinions, comments, inquires, or suggestions to us regarding Our Materials, including in any submission fields available on the Website, by email, or otherwise (collectively “Feedback”). You agree that you will not submit any information or ideas to us that you consider to be confidential or proprietary, including through Our Materials. You are responsible for the information contained in submitted Feedback, including its truthfulness and accuracy, and you represent and warrant that you own or otherwise have the full right and authority to provide us with any and all Feedback. You further acknowledge and agree that we may use any Feedback for any lawful purpose and are not obligated to: (a) treat any Feedback as confidential or proprietary to you; (b) provide any compensation or attribution in connection with our use of such Feedback; or (c) respond to or use any Feedback.
The Website may contain links that direct you to third-party websites or other materials that are not affiliated with The Mark Foundation, including our Donation Provider’s (as defined below) terms and conditions (“Third-Party Content”). We provide Third-Party Content merely as a convenience, and any links to or excerpts of such Third-Party Content are not necessarily an endorsement of such Third-Party Content. We are not responsible for examining or evaluating Third-Party Content or its accuracy and we do not warrant and will not have any liability or responsibility for any such Third-Party Content. When you access Third-Party Content, you do so at your own risk. We encourage you to read the terms and conditions and privacy policies governing the use of any Third-Party Content before accessing or using it.
4.1. Guidelines. To the extent that you interact with The Mark Foundation, its employees, its representatives or other users through The Mark Foundation’s social media channels linked on the Website, or otherwise through Our Materials, you agree to participate in the conversation in a respectful manner. Specifically, you agree not to upload information or content that: (a) is obscene, pornographic, violent or otherwise offensive, or contains nudity; (b) is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry; (c) is aimed at harassing, upsetting, embarrassing, alarming or annoying any other person; (d) encourages or facilitates any illegal activity; (e) promotes any commercial activity (including sales, competitions, promotions, or advertising); or (f) impersonates, or suggests any false affiliation with, any other person or entity.
4.2. Violations. The Mark Foundation reserves the right to block users from our social media channels, or otherwise suspend or terminate access to Our Materials, if you exhibit inappropriate behavior or otherwise violate these Terms of Use. In addition, you agree to use and interact with The Mark Foundation’s social media channels and Our Materials in accordance with any terms and conditions that may apply to the relevant social media channels or other of Our Materials. Your relationship with any third-party providers of such social media channels is governed solely by your agreement(s) with such third-party providers.
5.1. Donations. As part of the Services, the Website offers you the opportunity to make donations to The Mark Foundation. In connection with such donations, whether directly to us or through our Donation Provider, you represent and warrant that: (a) you are a U.S. citizen or a lawfully admitted permanent resident (i.e., green card holder); (b) your contribution is made from your own funds, or the funds of the entity that you represent, and that funds are not being provided to you by another person or entity for the purpose of making your or your entity’s donation; (c) you are at least 18 years old; (d) you are not a federal contractor; and (e) your donation does not and will not violate any applicable law, rule, or regulation or any rights of any third parties. Additional terms and conditions apply to your donations directly to us, including those set forth in our Privacy Policy or otherwise on the Website. Please read those terms and conditions carefully before making any donation directly to us. In addition to direct donations to us, we may use Stripe as our third-party donation provider (“Donation Provider”). When donating to us through our Donation Provider, additional terms and conditions apply, including with respect to our Donation Provider’s Terms of Service and Privacy Policy. Please read and review our Donation Provider’s terms and conditions carefully before donating through to us through our Donation Provider. You acknowledge that we may be required by law to publicly disclose your donations to The Mark Foundation, whether directly to us or through our Donation Provider, on federal filings.
5.2. Grants, Awards, and Other Services. As part of the Services, the Website includes information regarding grants, awards, fellowships, and other partnerships that we may provide to eligible persons, institutions, and other entities. All such Services are subject to these Terms of Use, and the applicable eligibility criteria, guidelines, award terms, and other policies and procedures posted on the applicable pages of the Website, which we may update, change, or replace at any time, in our sole discretion. An overview of some of those Services is available at: . Before applying for or participating in any of our Services, please carefully review these Terms of Use and the applicable eligibility criteria, guidelines, award terms, and other policies and procedures available on the Website.
6.1. Warranty Disclaimer. YOU UNDERSTAND THAT OUR MATERIALS AND ANY THIRD-PARTY CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, ARISING THROUGH COURSE OF PERFORMANCE, OR OTHERWISE. YOUR USE OF OUR MATERIALS AND ANY THIRD-PARTY CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO ALL IMPLIED OR STATUTORY WARRANTIES OF TITLE, MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. OUR MATERIALS DO NOT OFFER MEDICAL ADVICE OR RECOMMENDATIONS, AND YOU SHOULD NOT RELY ON THE INFORMATION AVAILABLE IN OUR MATERIALS AS A SUBSTITUTE FOR MEDICAL ADVICE.
6.2. OUR MATERIALS; THIRD-PARTY CONTENT. WE DO NOT WARRANT THAT: (A) OUR MATERIALS OR ANY THIRD-PARTY CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY, OR ERROR-FREE; (B) DEFECTS OR ERRORS IN OUR MATERIALS OR ANY THIRD-PARTY CONTENT WILL BE CORRECTED; (C) ACCESS TO OUR MATERIALS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED OR SECURE; (D) OUR MATERIALS OR THIRD-PARTY CONTENT IS SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) OUR MATERIALS OR THIRD-PARTY CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE DISCLAIM ALL EQUITABLE INDEMNITIES.
6.3. TECHNICAL DISCLAIMERS. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, OR OTHER PROPRIETARY MATERIAL, DUE TO YOUR USE OF OUR MATERIALS OR ANY THIRD-PARTY CONTENT, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL OR DATA POSTED ON THE WEBSITE.
6.4. Exceptions. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. In such a case, the exclusions and limitations set forth in this Section shall be applied to the greatest extent enforceable under applicable law.
You agree to indemnify, defend, and hold harmless the Foundation Parties (as defined below) from and against any and all actual or threatened proceedings, demands, actions, suits, or other claims relating to any losses, liabilities, damages, awards, settlements, costs, fees, or other expenses (including reasonable attorneys’ fees and other legal expenses) arising out of or associated with your: (a) use of Our Materials or any Third-Party Content, including our Donation Provider’s terms, conditions, and practices; (b) provision of any Feedback or other content to us; or (c) violation of these Terms of Use, our Privacy Policy, or applicable laws, rules, or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such matters. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any claim, action, or proceeding for which you are required to indemnify us within a reasonable amount of time after becoming aware of it.
8.1. Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MARK FOUNDATION OR ANY PARENT, SUBSIDIARY, AFFILIATE, OR OTHER RELATED COMPANY, OR OUR OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, OR DIRECTORS (COLLECTIVELY, THE “FOUNDATION PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER BASED IN TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF, SUCH DAMAGES WERE FORESEEABLE, ANY FOUNDATION PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR YOUR REMEDY OTHERWISE FAILS IN ITS ESSENTIAL PURPOSE. IF, FOR ANY REASON, THE FOUNDATION PARTIES ARE FOUND TO BE LIABLE, NOTWITHSTANDING THE FOREGOING, THE FOUNDATION PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY OTHER PARTY OR PARTIES CLAIMING WITH, UNDER, OR THROUGH YOU, SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
8.2. Exceptions. Some jurisdictions do not allow limitations on how long an implied warranty lasts, the exclusion or limitation of incidental or consequential damages, or other exclusions, limitations, or disclaimer of certain warranties, so some of the above may not apply to you.
8.3. Contractual Limitation Period. Any cause of action or claim you may have arising out of or relating to Our Materials, these Terms of Use, or our Privacy Policy, must be commenced within one (1) year from the date the claim or cause of action accrues; otherwise, such cause of action or claim is permanently barred. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
All matters relating to Our Materials, these Terms of Use, or our Privacy Policy, and any dispute or claim between the parties arising out of or related to Our Materials, these Terms of Use, or our Privacy Policy (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York and applicable federal law, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Please read this Section carefully. You and The Mark Foundation are agreeing to give up any rights to litigate claims in a court or before a jury, and to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
10.1. Mandatory Arbitration. You hereby agree that, except as provided in Section 10.7 below, any claim, dispute, or controversy between you and The Mark Foundation, whether brought by you or by The Mark Foundation, arising out of or relating in any way to Our Materials, these Terms of Use, or our Privacy Policy, must be resolved through final, binding, and confidential arbitration located in New York County, New York, USA.
10.2. Selection of Arbitrator. The arbitration will be administered by JAMS in accordance with the then-current Comprehensive Arbitration Rules and Procedures for commercial contracts. The parties will mutually agree on an arbitrator, provided that if the parties cannot agree on an arbitrator within ten (10) days, JAMS will choose the arbitrator. In rendering an award, the arbitrator shall apply the governing law stated in Section 9, except that the Federal Arbitration Act will govern the interpretation and enforcement of this Section.
10.3. Arbitration Procedures. Unless you opt-out of arbitration as set forth below, and except with respect to the class arbitration waiver as set forth in Section 10.4 below, the arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to interpretation, applicability, unconscionability, formation, arbitrability, and/or enforceability of this arbitration provision, including any challenge that the arbitration provision or these Terms of Use is void, voidable, or otherwise invalid. There is no judge or jury in arbitration, the arbitration will be subject to different rules than the rules that would apply in court, and court review of arbitration awards is very limited. However, the arbitrator will be empowered to grant whatever relief would be available in court under law or in equity (including injunctive and declaratory relief and statutory damages) and must follow these Terms of Use, as a court would. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
10.4. Class Waiver. You agree that an arbitration will be conducted on an individual, and not a class-wide, basis. An arbitrator will have no authority to certify a class or award class-wide relief. The arbitrator is authorized only to award relief on behalf of the individual parties and only to their extent of their individual claims. You acknowledge and agree that unless otherwise agreed in writing by you and The Mark Foundation, with regard to any claims hereunder, you will not be entitled to seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims of any other person or participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
10.5. Opt-Out. You can opt out of this arbitration provision within thirty (30) days of the date that you first agreed to these Terms of Use or to any subsequent revisions to this Section 10. If you opt out of a subsequent revision, you will remain bound by the prior version of this Section unless you previously opted out of that version. To opt out, you must send your name, address, and email address, or phone number, a clear statement that you want to opt out of this arbitration agreement, and (to the extent applicable) the username associated with your account, to info@themarkfoundation.org. You may opt out of this arbitration agreement in its entirety by not using Our Materials.
10.6. Claims Proceeding in Court. If for any reason, a claim proceeds in court rather than arbitration under this Section 10, the claim shall be resolved exclusively (except as provided in Section 10.7 below) in the appropriate state and federal courts located in New York County, New York. Both parties hereby irrevocably consent to the venue and jurisdiction of such courts, and waive all defenses, including without limitation for lack of personal jurisdiction and forum non conveniens, with respect to such courts for the adjudication of such claims.
10.7. Excluded Claims. Notwithstanding anything else in this Section 10 to the contrary, the following claims may be brought in any court of competent jurisdiction: claims to the extent alleging efforts to interfere with Our Materials or engage with Our Materials in an unauthorized manner. In addition, either you or we have the option to bring claims in court to seek temporary or preliminary injunctive relief without seeking damages, in any court of competent jurisdiction.
We reserve the right to update, add, remove, or otherwise change any portion of these Terms of Use from time to time in our sole discretion by posting notice of such changes on the Website or otherwise by providing you with adequate notice, such as by emailing you at the email address you provided to us. You can review the most current version of these Terms of Use at any time on this page. It is your responsibility to check this page periodically for changes. All changes are effective immediately when we post notice of them and apply to all uses of Our Materials thereafter. Your continued use of Our Materials following the posting of the notice of the revised Terms of Use means that you accept and agree to the changes. If the changes are not acceptable to you, your only recourse is to cease using Our Materials.
12.1. Electronic Communications. When you use Our Materials or send us emails, you are communicating with us electronically. For contractual purposes, you: (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing.
12.2. General. If any provision of these Terms of Use is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Except as provided in these Terms of Use, the failure to exercise a right or to require performance of an obligation under these Terms of Use shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. These Terms of Use may have been translated if we have made them available to you on the Website. You agree that the original English text shall prevail in the case of a conflict. The term “including”, and any variation thereof means “including without limitation” and variations of defined terms have the meaning the context requires. All headings in these Terms of Use are for convenience only and will not be considered when interpreting these Terms of Use.
12.3. Assignment. These Terms of Use, and your rights and obligations under them, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of this Section will be null and void. We may freely assign these Terms of Use without restriction. The provisions in these Terms of Use will be binding on all successors and permitted assigns.
All legal notices to us must be in writing and must reference these Terms of Use. We may notify you using information you provide to us, including by email. Service will be deemed given on the date of receipt if delivered by email or on the date of delivery via courier providing confirmation of delivery. The address for The Mark Foundation for notice purposes under these Terms of Use is: The Mark Foundation for Cancer Research U.S. Ltd, 1350 6th Avenue, New York, NY 10019, although you may also send a copy of any notice sent to that address to: info@themarkfoundation.org.
All Feedback and other communications from you relating to Our Materials, these Terms of Use, or our Privacy Policy should be directed to: info@themarkfoundation.org.
