BY VISITING FAITHTHROUGHFIRE.ORG, YOU ARE CONSENTING TO THE TERMS AND CONDITIONS OF FAITH THROUGH FIRE INC, A MISSOURI NON PROFIT ORGANIZATION (HEREINAFTER “FAITH THROUGH FIRE”).
The terms “we”, “us”, and “our” refer to FAITH THROUGH FIRE. The term “Site” refers to faiththroughfire.org. The term “user,” “you” and “your” refers to site visitors, potential clients, and any other users of the site. The term “Service” refers to general information provided to permit you to learn more about our services, breast cancer support and the processes, including the cancerversy campaign.
Use of the Service, including all information and educational materials presented herein by FAITH THROUGH FIRE, is subject to the following terms and conditions. These Terms and Conditions apply to all site visitors, potential clients, and all other users of the site, including donors. By using the Site or Service you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Site + Service
Materials on faiththroughfire.org contain general information only to permit you to learn more about our services, support and our cancerversary campaign, as well as information about our business in general.The information presented is not medical or professional advice, is not to be acted on as such, and is subject to change without notice.
To access or use the Site or the Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site or the Service.
Modification of These Terms
FAITH THROUGH FIRE reserves the right to change the terms, conditions, and notices under which faiththroughfire.org is offered. By using faiththroughfire.org or sending our office any personal information, you agree to this policy and will be deemed bound to this policy in effect as of the date of such use.
Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site or via email any artwork, photos or other materials, including payment methods, (collectively “Materials”) protected by copyright, trademark or other proprietary right, or rights held in any other capacity, without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
By providing your email to either donate, join a mentorship, make purchases, or any other forms of providing such information, you agree to allow FAITH THROUGH FIRE to add your email to their emailing list, allowing them to promote products, podcasts, and information.
Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the Materials you supply to the Site. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Service. Content you submit to the Site remains yours to the extent that you have any legal claims therein. Notwithstanding the foregoing, you grant FAITH THROUGH FIRE a worldwide, nonexclusive, irrevocable license to display the Materials you supply to us for business development and marketing purposes only. By visiting the site, you agree to hold FAITH THROUGH FIRE harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
By accepting these terms and conditions, you agree, directly or indirectly, to not modify, reverse engineer, decompile, or create other works from the software and process designed by FAITH THROUGH FIRE to promote and accept donations through faiththroughfire.org or through any other means designed by FAITH THROUGH FIRE. Specifically, FAITH THROUGH FIRE offers the Cancerversary Campaign as a unique proprietary process. This process allows survivors, their loved ones or supporters to make donations on an annual basis to FAITH THROUGH FIRE. THIS PROCESS IS THE PROPRIETARY PROPERTY OF FAITH THROUGH FIRE AND ANY ATTEMPT TO DECOMPILE, REVERSE ENGINEER, HACK, EDIT, DUPLICATE OR CREATE OTHER WORKS FROM EITHER THE SOFTWARE OR PROCESS ITSELF ARE A STRICT VIOLATION OF THESE TERMS. FAITH THROUGH FIRE SHALL ENFORCE THIS PROVISION TO THE FULLEST EXTENT OF THE LAW AND RESERVES THE RIGHT TO TAKE ANY AND ALL LEGAL ACTIONS AVAILABLE TO THEM WHETHER IN TORT, INTELLECTUAL PROPERTY OR OTHERWISE.
If You make a donation on our Site, You agree that the donation is non refundable. All donations made through our Site are used to further the mission and cause of FAITH THROUGH FIRE. As such, donations cannot be refunded for any reason whatsoever.
Further, You agree that you have express rights to remit donations via the payment method You use. Any claim made by a third party for fraud, or illegal use of their payment method (credit card, bank account, etc…) shall rest solely with You. You shall indemnify FAITH THROUGH FIRE in accordance with these Terms and no refund will be issued to the third party aforementioned.
FAITH THROUGH FIRE may receive an affiliate commission for products or services sold on the Site. Such commission shall be remitted back to FAITH THROUGH FIRE to further their mission and the support regarding such. While such products or services may be promoted on the Site, FAITH THROUGH FIRE is in no way responsible, affiliated, a partner, agent or otherwise engaged in a relationship with such product or service provider and as such will not be held responsible for any claim associated with such provider.
Scope of Services
The information provided on the Site is for educational and informational purposes only. It is not medical or psychological advice. If you require medical advice, consult a medical practitioner. FAITH THROUGH FIRE is not an organization of certified psychologists and do not prescribe treatment nor make recommendations for medical treatment or psychological needs.
Description of Services
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in descriptions, Services or otherwise.
We may use session cookies to ensure that your computer displays faiththroughfire.org effectively. If so, you have the ability to accept or decline cookies using your web browser settings. If you choose not to accept cookies from faiththroughfire.org, you may not be able to take full advantage of its features or to receive some of the services faiththroughfire.org provides.
Links and Email Addresses
Links posted on this website to other websites are provided only as a convenience to our visitors. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with FAITH THROUGH FIRE. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Spamming, the unsolicited broadcasts of email addresses or links in this website, is prohibited and unauthorized.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases or donations made by you or someone acting on your behalf through the Site.. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
The information presented on faiththroughfire.org is provided “as is” and “as available,” without representation or warranty of any kind. FAITH THROUGH FIRE does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, FAITH THROUGH FIRE is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if FAITH THROUGH FIRE has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall FAITH THROUGH FIRE’s cumulative liability to you exceed the total purchase price of the Service you have purchased from FAITH THROUGH FIRE, and if no purchase has been made by you FAITH THROUGH FIRE’s cumulative liability to you shall not exceed $100.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
The Site and Service contain intellectual property owned by FAITH THROUGH FIRE including, without limitation, the FAITH THROUGH FIRE logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel,” trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Visitors GDPR Rights
According to the GDPR a “data subject” is defined as an identifiable natural person. A natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as: a name, an identification number, location data, or online identifier. Alternatively, they may be identified by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. A data subject may be of any age or nationality.
As a data subject, within the European Union, you are entitled to certain rights under the General Data Protection Regulation (GDPR). Those rights include:
- You have the right to be informed with respect to your personally identifiable information (PII) retained by the Company. As such, you may request access to your data that the Company stores and the rights to either correct or erase your personal data.
- We will retain any personally identifiable information you choose to provide to us unless: (a) you request for us to delete the information, (b) we stop using our existing data providers, or (c) at Company’s discretion, we decide to remove the data.
- You have the right to seek restrictions on the processing of your data.
- You have the right to object to the processing of your data and the right to the portability of your data.
- You have the right to withdraw consent provided to the Company concerning the processing of your personal data, as well as the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
- You have the right to not be subjected to automated decision-making via pre-ticked boxes, additions to our email marketing lists and the like.
- You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
- We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us by way of downloading a lead magnet, webinar, freebie or any other traditional list building methods.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and FAITH THROUGH FIRE pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by FAITH THROUGH FIRE shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
All notices, requests, demands, and other communications under this Agreement shall be in email and properly addressed to firstname.lastname@example.org.
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of Missouri as applied to contracts that are executed and performed entirely in Missouri. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be St. Charles, Missouri. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Recovery of Legal Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you, accept upon approval by FAITH THROUGH FIRE. Any transfer, assignment, delegation or sublicense by you is invalid.
Last Updated: October 6, 2021