ALEX’S LEMONADE STAND FOUNDATION
Alex’s Lemonade Stand Foundation operates a website, alexslemonade.org (the “Website”) and several web pages on other web sites (e.g., Facebook and LinkedIn) (“Third Party Sites,” and together with the Website, the “Sites”). The Sites are owned and operated by Alex’s Lemonade Stand Foundation (“ALSF”), a Pennsylvania 501(c)(3) corporation, which is located at 333 E. Lancaster Ave. #414, Wynnewood, PA 19096. If you have any questions regarding the Sites, they can be sent to the attention of our Customer Service Representative at this address. You may also contact ALSF by email at [email protected].
Through the Sites, you may, among other things, learn more about ALSF and about issues surrounding childhood cancer, donate to fight childhood cancer or otherwise get involved with ALSF through registering, fundraising and participating in events, including registering your lemonade stand, and participate on the ALSF guestbook and user fundraising pages, including blog comments. We hope that you will enjoy our Sites and will visit us often. So that you may fully enjoy our Sites, we would like you to be aware of the rules that will govern your use of the Sites.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 17 ENTITLED “ARBITRATION AGREEMENT” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST ALEX’S LEMONADE STAND FOUNDATION ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST ALEX’S LEMONADE STAND FOUNDATION IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
4. Links to Other Websites
5. Ownership of Intellectual Property and Restrictions on Use of ALSF Materials
Without limiting the generality of the foregoing, you agree that you shall not (i) download or copy any of the Sites pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of the Sites for your own personal, non-commercial use; (ii) download or copy the Sites’ information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of the Sites or the ALSF Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of the Sites or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Sites and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of ALSF or its licensors; or (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of ALSF or its licensors.
6. User Content
You acknowledge and agree that you will not receive any compensation whatsoever in connection with the use and exploitation by ALSF or its affiliates of any User Content.
7. User Code of Conduct
The Sites are provided by ALSF and are intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on the Sites. Users of the Sites acknowledge and agree that they may not:
- Use the Sites in such a way as to offend or interfere with the use by anyone else of the Sites;
- Upload, submit, publish, transmit, display, disseminate or otherwise communicate (or attempt to do any of the foregoing) any materials while connected to or otherwise using the Sites that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy.
- Use the Sites for any unlawful purpose, including attempting to or engaging in any criminal activity including, child pornography, stalking, sexual assault, harassment or fraud, or otherwise use the Sites to in any way harm minors;
- Impersonate any other person or entity, falsely state such user’s affiliation with such other person or entity or submit any personal information to the Sites, about the user or others, that is not accurate or truthful;
- Attempt to divulge another person’s or entity’s confidential or private information or trade secret;
- Attempt to circumvent the security systems of the Sites;
- Attempt to gain access to any other User's accounts or to ALSF’s computer systems (Users should recognize that not all areas of the Sites may be available to you);
- Attempt to harvest or otherwise collect information about other Users without their consent;
- Attempt to use the Sites for any purposes other than those intended by ALSF; or
- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
ALSF cannot and does not guarantee that other Users of the Sites will abide with the rules above or otherwise herein.
8. Use of Services
ALSF reserves the right to establish general practices and limits concerning the Services and user accounts at any time, and may modify such practices and limits at its sole discretion. ALSF shall have no responsibility or liability in connection with the Services, including in relation to any deletion or failure to store your information, pictures, content or email provided by you, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of ALSF.
ALSF reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, any one or more of the Sites or the Services (or any part thereof) with or without notice. You agree that ALSF shall not be liable to you or to any third party for any such modification, suspension or discontinuance of any Sites or Services.
9. Your Obligations
In exchange for receiving the Services, you agree that you will not use the Services for any purpose other than in connection with helping ALSF fulfill its mission, which is to change the lives of children with cancer through funding impactful research, raising awareness, supporting families, and empowering everyone to help cure childhood cancer. Furthermore, you agree to use the Services in accordance with all of the Terms.
You may select a log-in and password upon completing the user account's registration process for which you are responsible for maintaining the confidentiality. In addition, you accept full responsibility for all activities that occur under your log-in and password. Without limiting the foregoing, you must immediately notify ALSF of any unauthorized use of your password or account or any other known or suspected breach of security with respect to the Services.
10. Termination of Services
Termination of your ALSF account may include, at ALSF's sole discretion, (i) removal of access to all offerings within the Services, (ii) deletion of your user name and password and all email, information, files and content associated therewith, and (iii) barring further use of the Service.
You also agree that ALSF shall not be liable to you or any third-party for any termination of your access to the Services. Upon termination, ALSF will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to ALSF with respect to the Services terminated, other than any liability, responsibility, or obligation of either party existing or arising prior to the effective date of such termination.
11. Participation in Events Waiver
From time to time, you may choose to register for and engage in events, activities and other fundraising and related programs (collectively, the “ Events”) through the Sites, including but not limited to, holding lemonade stands, participating in runs or races, golf outings and other activities to raise money and awareness of ALSF and its mission. ALSF appreciates and encourages your involvement in such Events, but in connection therewith, your participation is subject to the following terms and conditions.
WAIVER, INDEMNITY AND RELEASE OF LIABILITY:
You acknowledge, agree and understand that while participating in any Event or in training programs and other related activities, you may be using public streets and facilities where many hazards exist and you are aware of and appreciate the risks that may result. You acknowledge, agree and understand that accidents may occur during your participation in Events which could result in serious injury or death. Your participation in all such Events is voluntary with knowledge of all such risks, and you agree to take all necessary precautionary measures, such as wearing protective gear, in accordance with applicable law.
You acknowledge, agree and intend by the foregoing Waiver and Release of Liability to release in advance, and to waive your rights and to discharge all of the releasees (as defined above), from all claims, losses or liabilities for death, bodily injury or property damage that you may have, or which may hereafter accrue to you, as a result of your participation in any Event, EVEN THOUGH THAT LIABILITY MAY ARISE FROM NEGLIGENCE OR CARELESSNESS ON THE PART OF THE RELEASEES , from dangerous or defective property or equipment owned, maintained or controlled by them or because of their possible liability without fault. You acknowledge, agree and understand that this Waiver and Release of Liability is binding on your heirs, assigns and legal representatives.
You understand that your name, photograph, voice or likeness may be used for all promotional purposes related to your participation in an Event by ALSF and its affiliates and employees. You consent to and authorize, in advance, such use and waive all rights of privacy you have in connection therewith, and you understand that you will not benefit financially from any such use.
On behalf of any minor participants, such minor’s parent or legal guardian hereby irrevocably and unconditionally agrees to all of the terms of the Release and Waiver of Liability. Such parent and legal guardian also, for themselves and on behalf of the applicable minor, and their heirs, estate, insurers, successors and assigns, hereby release, indemnify and hold harmless the releasees, with respect to any and all claims or causes of action they or the applicable minor may have for damages for personal or bodily injury, disability, death, loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF ANY OR ALL OF THE RELEASEES OR OTHERWISE, WHETHER OR NOT NEGLIGENCE HAS BEEN PROVEN , to the fullest extent permitted by law.
By registering for any Event, continued use of the Sites or any Services in connection with any Event, or selecting the “I AGREE” button you are agreeing to these terms and conditions, including waiving legal rights with complete knowledge of the risks and at your own free will.
The publication of electronic mail addresses on the Sites is to facilitate communications relating to the functions of the Sites and must not be inferred as consent by us to receiving unsolicited commercial electronic messages. You agree that you will not spam or otherwise send unsolicited mailings to any person or entity using the Sites.
THE USE OF THE SITES OR THE SERVICES OR PARTICIPATION IN ANY EVENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITES AND THE ALSF MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ALSF GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SITES, THEIR CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITES, OR ASSOCIATED WITH THE USE OF THE SITES, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.
IN ADDITION, THE ALSF GROUP DOES NOT WARRANT THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FINALLY, THE ALSF GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE SITES, THE SERVICES OR THE ALSF MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE SITES AND ANY ALSF MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY PRODUCTS ORDERED BY YOU THROUGH THE SITES. IF YOUR USE OF THE SITES OR THE ALSF MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND NOT THE ALSF GROUP ARE RESPONSIBLE FOR THOSE COSTS.
SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.
14. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE ALSF GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITES, THE SERVICES, ANY EVENT, GIFT SHOP ITEMS OR ANY OF THE ALSF MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF THE ALSF GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, ALSF IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE ALSF GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE SITES, THE SERVICES, ANY EVENT, GIFT SHOP ITEMS OR ANY OF THE ALSF MATERIALS OR FUNCTIONS AT THE SITES, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THE SITES OR (II) $100.
NOTWITHSTANDING THE GENERALITY OF THE ABOVE, ALSF DOES NOT SEEK TO LIMIT ITS LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY ALSF'S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF ALSF.
16. Jurisdictional Issues and Dispute Resolution
17. ARBITRATION AGREEMENT
YOU AND ALSF AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR 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, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
17.2. Informal Dispute Resolution. Prior to initiating any arbitration, you must first present any claim or Dispute to ALSF by contacting the ALSF at 1-866-333-1213 to allow for an opportunity to resolve the Dispute. You or we may initiate arbitration if your claim or Dispute cannot be resolved within 60 days.
Both you and ALSF agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
17.4. Right to Bring Small Claims in Court. Instead of arbitration, either you or ALSF may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
17.5. How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. ALSF also waives its own right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the Common-wealth of Pennsylvania. The terms of the Arbitration Agreement provisions shall survive after your relationship with ALSF and/or use of the ALSF Sites. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
18. Waiver of Jury Trial and Class Actions
19. Final Note to Parents
The Internet offers a world of opportunity for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. If you are resident in the United States, we encourage you to visit The Direct Marketing Association's Web site ( http://www.the-dma.org/). It contains a number of valuable resources to help parents and children be aware of and express their preferences about information that is collected online and how it is used. Your efforts to instill responsible information practices will help steer your children to age-appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.
20. General Provisions
21. Current and Prior Versions of These Terms
The Terms were last revised and posted August 27, 2021, and effective on that date.