Last Updated: July 20, 2022
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.
- How Does The Mark Foundation Use the Information It Collects?
- PII. We may use the PII that we collect about you for any or all of the following purposes:
- Responding to Requests. To respond to your requests, such as to answer your questions sent through the “Contact Us” form on the Site.
- Providing Information. To provide you with newsletters or other information regarding our resources or services that may be of interest to you.
- Our Own Business Purposes. We use PII about you for our own business purposes, such as to help us improve the Site, including by requesting feedback from you, and for related internal purposes such as data analysis and internal audits.
- 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, but if any such use involved 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.
- With Whom Does The Mark Foundation Share PII Collected Through the Site?
- 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.
- 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.
- 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.
- 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.
- How Do We Maintain and Protect PII Collected Through the Site?
- 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.
- 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.
- Data Retention. We will retain PII about you for the period necessary to fulfill the purposes outlined in this Policy.
- Collection of PII by Others.
- 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 improve the Site.
- Use of the Site by Minors. The Site is not directed to minors and we do not knowingly collect PII from any individuals under age 16.
- International Transfers of Information. 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.
- The Mark Foundation for Cancer Research, 1350 6th Avenue, New York, NY 10019. Tel.: 646.866.5950.
Last Updated: July 20, 2022
- Intellectual Property Rights
- Our Intellectual Property Rights. The Website and all of its contents, features, and functionality (including but not limited to 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.
- Links to Third-Party Websites– The Website may contain links that direct you to third-party websites or materials that are not affiliated with The Mark Foundation. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any such website or materials available therein. When you access these third-party materials or websites, you do so at your own risk.
- Community Guidelines– To the extent 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, you agree to participate in the conversation in a respectful manner. Specifically, when interacting on those channels, you agree not to:
- upload information or content that (i) is obscene, pornographic, violent or otherwise offensive, or contains nudity; (ii) is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry; or (iii) is aimed at harassing, upsetting, embarrassing, alarming or annoying any other person;
- encourage or facilitate any illegal activity; or
- engage in any commercial activity (including sales, competitions, promotions, and advertising).
- The Mark Foundation reserves the right to block users from our social media channels if they exhibit inappropriate behavior. In addition, you agree to use these social media channels in accordance with any terms and conditions that may apply to those services. Your relationship with any third-party providers of such social media channels is governed solely by your agreement(s) with such third-party providers.
You understand that our materials are 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 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. The website does not offer medical advice or recommendations, and you should not rely on the information available on the website as a substitute for medical advice. We do not warrant that: (a) our materials will be accurate, reliable, complete, timely, or error-free; (b) defects or errors will be corrected; (c) access to the website will be uninterrupted or secure; (d) the website is secure or free of viruses or other harmful components; or (e) our materials will otherwise meet your needs or expectations. We disclaim all equitable indemnities. 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 the website or any other website or material linked to or accessible from the website, or due to your downloading of any material or data posted on the website. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
- Limitation of Liability
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 we have been advised of the possibility of such damages or your remedy otherwise fails in its essential purpose. If, for any reason, the mark foundation shall be found to be liable notwithstanding the foregoing, the mark foundation’s 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). Any cause of action or claim you may have arising out of or relating to the agreement or the website 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. 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.
- Governing Law and Jurisdiction
All matters relating to Our Materials, including the Website and the Agreement, and any dispute or claim between the parties arising out of or related to Our Materials, including the Website and the Agreement (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).
- Dispute Resolution
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.
- You hereby agree that, except as provided in Section 7(g) 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 the Agreement or your use of the Website must be resolved through final, binding, and confidential arbitration located in New York County, New York, USA.
- The arbitration will be administered by JAMS in accordance with the then-current Comprehensive Arbitration Rules and Procedures for commercial contracts (the “JAMS Rules”). 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 6, except that the Federal Arbitration Act will govern the interpretation and enforcement of this Section.
- Unless you opt-out of arbitration as set forth below, and except with respect to the class arbitration waiver as set forth in Section 7(d) 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 the Agreement 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 the Agreement, 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.
- 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.
- If for any reason, a claim proceeds in court rather than arbitration under this Section 7, the claim shall be resolved exclusively (except as provided in Section 7(g) 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.
- Notwithstanding anything else in this Section 7 to the contrary, the following claims may be brought in any court of competent jurisdiction: claims to the extent alleging efforts to interfere with the Website or engage with the Website 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.
- Your Comments and Concerns; Legal Notices
All other feedback, comments, requests for technical support, and other communications from you relating to the Website or the Agreement should be directed to: firstname.lastname@example.org.