INTRODUCTION

Agreement between User and https://www.crescentfounationscd.org

Welcome to https://www.crescentfounationscd.org. The https://www.crescentfounationscd.org website (the “Site”) is comprised of various web pages operated by Crescent Foundation Inc. (“Crescent Foundation”). https://www.crescentfounationscd.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://www.crescentfounationscd.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://www.crescentfounationscd.org is a Non-Profit Site.

Crescent Foundation is a solutions-focused organization with the sole purpose of serving the adult Sickle Cell Disease (SCD) community. Through guidance and support for individuals transitioning from pediatric to adult care, Crescent helps patients navigate the journey of the healthcare system. Crescent Foundations aims to increase awareness, advocacy, and support for evidence-based care for patients, families, and communities affected by SCD, through collaborative action and innovative initiatives.

 

PRIVACY

Your use of https://www.crescentfounationscd.org is subject to Crescent Foundation’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

ELECTRONIC COMMUNICATIONS

Visiting https://www.crescentfounationscd.org or sending emails to Crescent Foundation constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

INDIVIDUALS UNDER THIRTEEN

Crescent Foundation does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.crescentfounationscd.org only with permission of a parent or guardian.

LINKS TO THIRD PARTY SITES/THIRDS PARTH SERVICES

https://www.crescentfounationscd.org may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Crescent Foundation and Crescent Foundation is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Crescent Foundation is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Crescent Foundation of the site or any association with its operators.

Certain services made available via https://www.crescentfounationscd.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.crescentfounationscd.org domain, you hereby acknowledge and consent that Crescent Foundation may share such information and data with any third party with whom Crescent Foundation has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.crescentfounationscd.org users and customers.

 

Proprietary Information


The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by Crescent Foundations (the “Content”) is the proprietary information of Crescent Foundation or the party that provided or licensed the Content to Crescent Foundation whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Crescent Foundation, except that you may print out a copy of the Content solely for your personal use, and you may re-post a single image and up to one hundred (100) words of text from any article if such posting provides a right of attribution to Crescent Foundation, and promotes the article on other websites, including social media sites like Facebook, Instagram, Twitter, and LinkedIn. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Crescent Foundation’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

From time to time, the website will utilize various plugins or widgets to allow the sharing of content via social media channels, email, or other methods. The use of these plugins or widgets does not constitute any waiver of Crescent Foundation’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to the website.


Use of Communication Services

CRESCENT FOUNDATION’s websites may contain comment boxes, forums, bulletin board services, chat areas, message boards, newsgroups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send, and receive messages and content that are proper and related to the particular Communication Service. Users agree to adhere to this Terms of Use agreement when using CRESCENT FOUNDATION’s Communication Services.

When using the Communication Services, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

  1. You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
  2. Advocates illegal activity or discusses an intent to commit an illegal act;
  3. Is vulgar, obscene, pornographic, or indecent;
  4. Does not pertain directly to this site;
  5. Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  6. Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  7. Harvests or otherwise collect information about others, including e-mail addresses, without their consent;
  8. Violates any law or may be considered to violate any law;
  9. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  10. Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
  11. Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
  12. Solicits funds, advertisers or sponsors;
  13. Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  14. Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site;
  15. Includes MP3 format files;
  16. Amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
  17. Disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
  18. Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

CRESCENT FOUNDATION reserves the right to monitor the use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. CRESCENT FOUNDATION reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. CRESCENT FOUNDATION also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction, and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither CRESCENT FOUNDATION nor any third party that provides Content to CRESCENT FOUNDATION will assume or have any liability for any action or inaction by CRESCENT FOUNDATION or such third party with respect to any submission. CRESCENT FOUNDATION cautions you against giving out any personally identifying information about yourself in any Communication Service. CRESCENT FOUNDATION does not control or endorse the content, messages, or information found in any Communication Service and, consequently, CRESCENT FOUNDATION specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts have not authorized CRESCENT FOUNDATION spokespersons, and their views do not necessarily reflect those of CRESCENT FOUNDATION.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.crescentfounationscd.org strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Crescent Foundation that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Crescent Foundation or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Crescent Foundation content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Crescent Foundation and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Crescent Foundation or our licensors except as expressly authorized by these Terms.

Third-Party Accounts

This site may link to other sites which are not maintained by, or related to, CRESCENT FOUNDATION. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or CRESCENT FOUNDATION. CRESCENT FOUNDATION has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at the user’s own risk, and CRESCENT FOUNDATION makes no representations or warranties about the content, completeness, or accuracy of the sites linked to or from this site. You expressly hold CRESCENT FOUNDATION harmless from any and all liability related to your use of a third-party website. CRESCENT FOUNDATION provides links as a convenience, and the inclusion of any link to a third-party site does not imply endorsement by CRESCENT FOUNDATION of that site or any association with its operators.

International Users

The Service is controlled, operated, and administered by Crescent Foundation from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Crescent Foundation Content accessed through https://www.crescentfounationscd.org in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Crescent Foundation, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Crescent Foundation reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Crescent Foundation in asserting any available defenses.

 

Arbitration

In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Crescent Foundation agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CRESCENT FOUNDATION INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

CRESCENT FOUNDATION INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CRESCENT FOUNDATION INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CRESCENT FOUNDATION INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CRESCENT FOUNDATION INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

Crescent Foundation reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Crescent Foundation as a result of this agreement or use of the Site. Crescent Foundation’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Crescent Foundation’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Crescent Foundation with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Crescent Foundation with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Crescent Foundation with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Crescent Foundation reserves the right, in its sole discretion, to change the Terms under which https://www.crescentfounationscd.org is offered. The most current version of the Terms will supersede all previous versions. Crescent Foundation encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Crescent Foundation welcomes your questions or comments regarding the Terms:

Crescent Foundation Inc.

6635 McCallum Street

Philadelphia, Pennsylvania 19119

 

Email Address: info@crescentfoundationscd.org

 

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Effective as of August 13, 2020