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Terms of Use

IMPORTANT: Please review the following terms and conditions carefully. These Terms Of Use are a legally binding contract between you and Pink Jams! ("Pink Jams!" or "our" or "we" or "us") pertaining to the access and use of the services offered, and all products, information, content, media, content, printed materials and "online" or other electronic documentation accessible from, www.pinkjams.org or any sub-domains thereof or other websites operated by or for Pink Jams! (collectively, the "Sites").

The Sites are all offered by Pink Jams! to you free of charge on the express condition that you accept, without modification, and abide by these Terms Of Use. Your access and use of the Sites is conditioned upon your continued compliance with these Terms Of Use. Please read these Terms Of Use carefully, as your use of the Sites constitutes your acceptance of these Terms Of Use. Pink Jams! reserves the right to change the Terms Of Use any time by reasonable notice, including without limitation by posting revised terms on the Sites (which shall constitute reasonable notice), and such amended terms shall be binding upon you; thus, you should consult the most recent version of these Terms Of Use each time that you view the Sites.

Our Mission
Pink Jams! was founded after the loss of a 35 year old friend to breast cancer. Pink Jams! is committed to raising awareness in young men and women, promoting early detection thereby saving lives and working to provide valuable resources and tools for young men and women recently diagnosed with breast cancer. The Sites are designed, and all uses of the Sites are intended, to be in furtherance of our mission.

Disclaimer
You acknowledge that the materials on the Sites are provided "as is" for general information only and without warranties of any kind. The materials on the Sites are not meant to be used for self-diagnosis or to replace the services of a medical professional. While Pink Jams! endeavors to keep the materials on the Sites current, healthcare information changes rapidly and thus, the materials on the Sites should not be relied upon to be fully comprehensive or error free. Pink Jams! does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the programs, materials, products or other information provided on the Sites or by the companies or organizations linked or referred to in the Sites. The Sites do not offer medical advice or recommendations to individuals and you should not rely on the information posted on the Sites as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs. Pink Jams! does not advocate that you attempt to treat yourself, your family or someone you know without proper medical supervision. Pink Jams! encourages you to seek the guidance of your healthcare provider if you feel that you, your family or someone that you know suffers from the conditions described on the Sites.

In certain instances Pink Jams! permits third parties to provide testimonials and information, and in certain situations, create personal home pages for fundraising purposes in furtherance of our mission. Pink Jams! may from time to time post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of Pink Jams!  or endorsed by Pink Jams!.

Restrictions on Use of Materials
Unless otherwise indicated, Pink Jams!  or its licensors holds the copyright to all materials on the Sites, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, audio/visual clips and design. Additionally, Pink Jams!  owns all of the trademarks, service marks, slogans and logos (collectively, the "Marks") used and displayed on the Sites, unless otherwise noted. Without the explicit consent of Pink Jams!, no material from the Sites (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 Sites may violate copyright, trademark and other laws. We retain all rights not expressly granted, and nothing in these Terms Of Use constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms Of Use 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 Pink Jams! or any third party.

Pink Jams!  will allow you to view and print information, documents and web pages located on the Sites for your own personal use but not for any for-profit or commercial activities or purposes or resale; 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 Pink Jams!  and if possible provide a reference to Pink Jams! 's main site www.pinkjams.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 Pink Jams! 's material. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms Of Use and they must agree to abide by these Terms Of Use. 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 Pink Jams!  or its licensors.

Sponsors
Pink Jams! may choose to acknowledge certain persons and companies who have provided donations or sponsorships in furtherance of our mission. Such acknowledgement may be in the form of recognition on the Sites by use of such persons or companies' own names or marks and/or links to such person or companies' own websites. However, Pink Jams!  does not solicit or permit the purchase or use of advertisements or commercial endorsements on the Sites by any person or company (including, without limitation, its sponsors and donors). If you choose to click on the links to any of our sponsors' websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of our sponsors, you do so on your own initiative and you agree that Pink Jams!  is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such sponsors in conjunction with the Sites.

Links To Other Sites; Link Agreement
Pink Jams! may provide links to other Internet sites or resources. Pink Jams!  likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links are provided solely for your interactive enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by Pink Jams!. You should be aware that links to the Sites may be provided from other sites, either known or unknown to Pink Jams!, and some links to the Sites may be unauthorized, and accessing any other site linked to or from the Sites is done at your own risk. Pink Jams!  has not reviewed and is not responsible for the content of any third party sites linked to or from the Sites.

General Indemnification
You agree that you will hold harmless Pink Jams!, its officers, directors, employees, volunteers, licensors and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, the Sites or other sites to which they are linked. If your use of materials from the Sites results in the need for servicing, repair of equipment or data, you will assume any costs thereof.

Limitation of Liability
In no event and under no circumstances shall Pink Jams!  or the contributors of information to the Sites or our sponsors, licensors or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user's) or any unrelated party's use or inability to use the Sites, or your (or any authorized user's) or any unrelated party's reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms Of Use fail of their essential purpose.

Disclaimer of Warranties
THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT) ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Sites solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.

Shopping Cart Purchases & On-Line Donations
In order to purchase products from the Sites' store or make donations online, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card and email. You are responsible for the accuracy of the information in your account(s) supplied by you to Pink Jams!. By providing such information to Pink Jams!  by any means (e.g.: email, fax, telephone, mail, etc.), you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information to Pink Jams!  for use in processing your orders or receiving your donations from the Sites. In order to purchase the products or make donations online using the payment method displayed on the Web site (e.g., VISA, Mastercard, PayPals, etc.), you must be 18 years of age or over. By using the Sites' payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Sites, including, without limitation, instructing Pink Jams!  or its authorized vendors to collect any payments from a credit or debit card, and to use the Sites in accordance with all terms and conditions of these Terms Of Use. Billing to your credit card or to your account occurs at the time of purchase or donation or shortly thereafter. All sales of merchandise purchased from Pink Jams!  on the Sites are subject to Pink Jams! 's standard sales terms and conditions, which contain certain warranty and liability limitations. You agree that you are responsible for all charges incurred by your use of the Sites and you expressly authorize Pink Jams!  to charge the credit card provided by you or listed on your account for any outstanding fees or costs due to Pink Jams! or any donations submitted online via the Sites.

Services Indemnification
IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE TERMS OF USE, YOU WILL INDEMNIFY AND HOLD PINK JAMS! AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY PINK JAMS! AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS PERTAINING TO PINK JAMS'S USE OF THE INFORMATION AND CONTENT PROVIDED BY YOU IN CONNECTION WITH THE SERVICES, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MIDSCONDUCT OR GROSS NEGLIGENCE, OR ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT PROVIDED BY YOU IN CONECTION WITH THE SERVICES, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON PINK JAMS'S OWN NEGLIGENCE. IN NO EVENT SHALL PINK JAMS'S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.

Acceptable Use Policy for Services & Sites
You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on Pink Jams!  or its licensors or suppliers' infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and/or distribution of "junk mail", "spam", "chain letters", "pyramid schemes" or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of Pink Jams! 's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users' accounts or otherwise mine information about other account users or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites' servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account ("cracking") on or from the Sites; or (xiv) are contrary to Pink Jams! 's public image, goodwill, reputation or mission or otherwise not in furtherance of our mission.

In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of Pink Jams! or its licensors or supplier's content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of Pink Jams!  or its licensors or supplier's software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms Of Use to any third party, or otherwise commercially exploit or profit from the information or content of the Sites (or any part or portion thereof).

Notice of Claims of Intellectual Property Violations
The content of the Sites may include pictures, information, testimonials, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. Pink Jams! does not permit the use of content on the Sites that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms Of Use.

COPPA
Pink Jams!  does not knowingly solicit data from children or knowingly market to children. Pink Jams!  is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Childrens' Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that Pink Jams!  receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, Pink Jams!  will delete that information from the Sites as quickly as is reasonably practical.

Privacy
Pink Jams!  understands that many visitors to the Sites may be concerned about the information that they may provide or that may be generated from their use of the Sites and how Pink Jams!  may use such information. Protecting privacy is an important priority to Pink Jams!. Our Privacy Policy governs the collection, use, retention and disclosure of personal information gathered from the Sites and you can view our Privacy Policy.

Dispute Resolution
In the event of any dispute arising out of these Terms Of Use, you and Pink Jams!  each agree to use good faith efforts to resolve our differences amicably. In the event those efforts are unsuccessful, you and Pink Jams!  agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or Pink Jams!  may initiate the mediation process with thirty (30) days' prior written notice to the other.

Miscellaneous
If any provision of these Terms Of Use is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms Of Use and shall not effect the legality, validity, or enforceability of the remaining provisions of these Terms Of Use.

Failure by us to enforce any particular term of these Terms Of Use shall not be construed as a waiver of any of our rights hereunder.
These Terms Of Use (and each supplemental agreement referenced in or referencing these Terms Of Use found on the Sites) constitutes the entire agreement between you and Pink Jams! with respect to the Sites and the Services.