Engaging in certain activities on the website, such as registering as a participant in a RUSH TO CRUSH CANCER event, creating an account, making a donation, or other activity, may require you to provide information about yourself (“Personal Data”). Typical Personal Data collected is first and last name, email address, mailing address, telephone number, and in certain cases, credit card information and other identifying information. Use of this website is voluntary as is any submission of Personal Data. By using the website, you give your consent that the Personal Data you provide may be used by RUSH TO CRUSH CANCER to communicate with you about participation in RUSH TO CRUSH CANCER events.
We will not sell, trade or license your Personal Data to anyone; however, we may share certain Personal Data with third parties that we engage to perform services. Also, this website may contain links to other websites for which we have no control over the content or privacy practices, and you therefore are responsible for use of those websites.
We will take reasonable security measures to protect against unauthorized access to your Personal Data. However, you acknowledge that security cannot be guaranteed when using the internet and therefore when using this website.
Users of this website must be at least 13 years old and any user under the age of 18 shall not provide Personal Data to us without the involvement of a parent or guardian.
DATA STORAGE AND RETENTION
Personal Data will be stored on the servers of third-party service providers, all located in the United States, and retained for as long as the user has an account/profile and will be deleted within a reasonable time thereafter. [BTD1] Personal Data collected from the EU will be treated in accordance with applicable General Data Protection Regulation (“GDPR”) requirements for the type of Personal Data collected.
You will be able to update, change or delete your Personal Data via instructions provided on this website. [BTD2]
- RUSH TO CRUSH CANCER disclaims any liability whatsoever for any documentation, information, programs, software, or other material that is or may become a part of this website.
INTELLECTUAL PROPERTY RIGHTS
RUSH TO CRUSH CANCERTM is a trademark of RUSH TO CRUSH CANCER. and may not be used without the prior written permission of RUSH TO CRUSH CANCER.
No license is granted to you and no rights are conveyed by virtue of accessing or using the website. All rights not granted herein are reserved by RUSH TO CRUSH CANCER.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ASSOCIATED THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, RUSH TO CRUSH CANCER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITATION TO THE ABOVE, RUSH TO CRUSH CANCER DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT (I) WEBSITE WILL MEET YOUR REQUIREMENTS, (II) WEBSITE WILL BE UNINTERRUPTED, TIMELY , SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, NEEDS OR REQUIREMENTS, AND (V) THAT ANY ERRORS ASSOCIATED THE WEBSITE WILL BE CORRECTED.
RUSH TO CRUSH CANCER IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE WEBSITE.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE WEBSITE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE WEBSITE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME AND PASSWORD. EXCEPT AS PROHIBITED OR LIMITED BY LAW, RUSH TO CRUSH CANCER, RUSH TO CRUSH CANCER AFFILIATES, ANY RUSH TO CRUSH CANCER LICENSOR OR SUPPLIER, GLPP, ANY THIRD PARTY WHO PROMOTES THE WEBSITE OR PROVIDES A LINK TO THE WEBSITE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE WEBSITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT RUSH TO CRUSH CANCER, RUSH TO CRUSH CANCER AFFILIATES, ANY RUSH TO CRUSH CANCER LICENSOR OR SUPPLIER, GLPP, ANY THIRD PARTY WHO PROMOTES THE WEBSITE OR PROVIDES A LINK TO THE WEBSITE SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES YOU INCUR RELATED TO YOUR ACCESS AND USE OF THE WEBSITE.
WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT AND CONSEQUENTIAL DAMAGES IS LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS AND USE OF THE WEBSITE THAT RESULT FROM ANY ACT OR OMISSION OF RUSH TO CRUSH CANCER, RUSH TO CRUSH CANCER AFFILIATES, ANY RUSH TO CRUSH CANCER LICENSOR OR SUPPLIER, GLPP, ANY THIRD PARTY WHO PROMOTES THE WEBSITE OR PROVIDES A LINK TO THE WEBSITE SHALL BE LIMITED TO THE FEE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, OR $100.00, WHICHEVER IS GREATER.
THE ABOVE LIMITATIONS AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF THE TYPE OF DAMAGES OR CLAIMS, INCLUDING WITHOUT LIMITATION DAMAGES OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA; OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, OR (IV) OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE. YOU AGREE THAT THIS LIMITATION APPLIES EVEN IF RUSH TO CRUSH CANCER, RUSH TO CRUSH CANCER AFFILIATES, ANY RUSH TO CRUSH CANCER LICENSOR OR SUPPLIER, GLPP, ANY THIRD PARTY WHO PROMOTES THE WEBSITE OR PROVIDES A LINK TO THE WEBSITE HAVE BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.
THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE A REASONABLE ALLOCATION OF RISK, AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW, THE ABOVE LIMITATION SHALL BE APPLIED TO THE EXTENT PERMITTED UNDER SUCH LAW.