This Web Site Terms and Conditions Agreement (or these “Terms and Conditions”) is a binding legal contract between you (“You” either an individual or a legal entity) and Towels for Tears, Inc (“Towels for Tears”). The Terms and Conditions governs your access to and use of the website www.towelsfortears.org and any software, programs, services, tools, features, databases, materials, content or information available through it or used in connection with it (individually a “Site”). By downloading, accessing or using any part of the Site you have accessed, You will be bound by the terms of these Terms and Conditions. If you do not agree to abide by this agreement or modifications that Towels for Tears may make to this agreement in the future do not continue to use or access the website.
The Site provides the following service: deliver free new towel and linen sets and personal use items to those who have lost everything in disasters and those leaving domestic violence situations through voluntary in-kind or monetary donations.
1. Site Access And Use License
The content of the Site and the trademarks, service marks, and logos contained therein are owned by or licensed to Towels for Tears and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Towels for Tears may change, suspend, or discontinue any aspect of the Site at any time.
2. Grant Of And Limitations On License
The company content on the Site is provided to You “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that You are eligible to use the Site You are granted a limited license to access and use the Site and the company content and to download or print a copy of any portion of the company content to which You have properly gained access solely for your personal, non-commercial use. Towels for Tears reserves all rights not expressly granted to You in and to the Site and company content and marks. You may not:(i) attempt to gain unauthorized access to any portion or feature of the Site, including without limitation, the account of any other authorized user or any other systems or networks connected to the Site or to any server used by Towels for Tears or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate or prohibited means; (ii) use the Site to harvest or collect e-mail addresses or other contact information; (iii) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Towels for Tears.
Compliance with Applicable Law. You are solely responsible for ensuring your use of the Site is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.
3. User Obligations
By downloading, accessing, or using the Site in order to view information and materials or submit Material (as defined below) of any kind, you represent that You: (i) are at least 18, or between the ages of 13 and 17 and using the Site with parental or legal guardian consent and supervision; and (ii) are not using another authorized user’s account without his/her permission.
4. Your Submission Of Content
The Site may contain comment areas, tools, and other features where You can share and display content, information, postings, materials, including without limitation, statements, photographs, video and other images (collectively “Material”). You are solely responsible for any Material you provide. By submitting Material to the Site, you warrant that you have all necessary rights to grant, and automatically grant to Towels for Tears and its affiliates, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute such Material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or developed in the future. You also permit any other users of the Site to access, view, store or reproduce your Material and content for that user’s personal, non-commercial use. Towels for Tears will not be required to treat any Material as confidential, and You further grant to Towels for Tears the right to edit, copy, display, publish and distribute any Material made available via the Site by You, without compensation to You or any other party submitting the Material for You. You agree that by using the Site, you will not post or transmit any of the following:
anything that interferes with or disrupts the Site or its operation; Materials that are vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing; unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others; Materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction; Materials that harm minors; Materials that impersonate any other person or entity, whether actual or fictitious, or that misrepresent your affiliation with any entity; files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site.
5. Donation Refund Policy
For donations made using the Site, if You have made an error in making your donation or change your mind about contributing to Towels for Tears, we will honor your request for a refund made within 7 days of your donation. To request a refund e-mail firstname.lastname@example.org. Refunds are returned using the original method of payment. If You made your donation by credit/debit card, your refund will be credited to the same credit/debit card. If You did not make your donation using the Site your refund will be issued by check within 15 days. All towel or linen sets, as well as, other personal items will not be returned or refunded.
6. Links To This Site
You may link to this Site provided that You do so in a way that indicates that the link is to the www.towelsfortears.org website and is fair and not misleading. You may not integrate or make use of all or part of this Site in ways that would confuse or mislead visitors as to the nature and origin of this Site’s content.
The Terms and Conditions and your license to use the Site will take effect the moment you install, access, or use the Site and will be in effect until terminated as set forth below. This license will automatically terminate in the event you breach any of its terms. Termination will be effective without notice. You may terminate the Terms and Conditions at any time by ceasing to use the Site. All applicable provisions of the Terms and Conditions as identified below will survive termination. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The following will survive termination of these Terms and Conditions for any reason: (i) the General section below; (ii) the provisions concerning rights in your Materials that You have granted to Towels for Tears; (iii) Towels for Tears’ proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.
8. Warranty Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SITE IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOWELS FOR TEARS AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. TOWELS FOR TEARS DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT TOWELS FOR TEARS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
9. Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TOWELS FOR TEARS OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, EVEN IF TOWELS FOR TEARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF TOWELS FOR TEARS AND ITS SUPPLIERS/LICENSORS UNDER THESE TERMS OF SERVICE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITE.
Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.
10. Digital Millennium Copyright Act (“DMCA”) Notice
Towels for Tears is committed to complying with copyright and related laws, and requires all users of the Site to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content though the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Towels for Tears to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Towels for Tears by the copyright owner or the copyright owner’s legal agent.
If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper written notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow all other relevant procedures specified in the DMCA with regard to the claimed infringement. In order to resolve a complaint please contact Towels for Tears as set forth below
If you believe that your work has been copied and posted using the Site in a way that constitutes copyright infringement, please provide Towels for Tears with a written communication containing the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right in the copyright that is allegedly infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located to permit us to locate the material;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the owner of the exclusive right in the copyright that is allegedly infringed or authorized to act on the owner's behalf.
Towels for Tears can be reached as follows:
email@example.com with the subject line “DMCA”
Towels for Tears
18775-B N Frederick Avenue
Montgomery Village, MD 20886
Towels for Tears has the right, but not the obligation, to monitor the content of the Site (including any social or chat forum or tools, services or functions that enable the sharing, display or performance of any Material), to determine compliance with these Terms and Conditions and any operating rules established by Towels for Tears and to satisfy any law, regulation or authorized government request. Towels for Tears has the right and sole discretion to edit, refuse to post or remove any Material submitted to or posted on or within the Site, including, without limitation, the right to remove any Material that Towels for Tears, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to indemnify, defend and hold Towels for Tears and its affiliates and its and their respective governors, directors, officers, employees and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Site.
This Terms and Conditions is governed by and construed in accordance with the laws of the state of Maryland, as applied to agreements entered into and wholly performed within the state of Maryland between Maryland residents. Any action or proceeding brought by either party hereto shall be brought only in a court of competent jurisdiction located in Maryland and the parties submit to personal jurisdiction of those courts for purposes of any action or proceeding. These Terms and Conditions shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. The Terms and Conditions constitutes the entire understanding and agreement between Towels for Tears and You with respect to the Site and any transactions contemplated in these Terms and Conditions and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of the Terms and Conditions, all of which are merged in the Terms and Conditions. You may not modify, amend or alter in any way the Terms and Conditions. In the event any provision of these Terms and Conditions is found invalid or unenforceable pursuant to judicial decree, the remainder of the Terms and Conditions will remain valid and enforceable according to its terms. Any failure by Towels for Tears to strictly enforce any provision of the Terms and Conditions will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of the Terms and Conditions. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.