Terms of Service
Welcome to Cerebral Palsy Alliance Research Foundation’s 3ForCP grassroots community fundraising program (“CPARF’s 3ForCP Platform”).
These terms of service (collectively, these “Terms”) cover your access to, and use of, CPARF’s 3ForCP Platform and related websites, services, technologies, software, and content, (collectively “CPARF”), except where we expressly state that separate terms apply.
By accessing or using CPARF’s 3ForCP Platform, you agree that you have read, understand and agree to comply with and be bound these Terms. If you are accessing or using CPARF’s 3ForCP Platform on behalf of a business or organizational account, you agree that you have the right to enter into these Terms and grant all permissions contained here on behalf of the business or organization.
1. Who You Are Contracting With
You are agreeing to these Terms with Cerebral Palsy Alliance Research Foundation (“CPARF”), (collectively, “we” or “us”).
2. What Services Do We Provide to You?
Our mission is to conduct US-based research to change what’s possible for people with cerebral palsy, implement proven science, empower people through education, and advance technology benefiting all disabled people worldwide. As part of our mission, we provide CPARF’s 3ForCP Platform and other services described below:
● Let you create
CPARF’s 3ForCP Platform allows you to create and personalize a fundraising webpage that you can share with your friends and communities in order to advertise an activity intended to raise funds on behalf of CPARF (an “Activity”), along with information about CPARF to enhance the content you share.
3. Your Commitments to CPARF and Our Community
We provide these services at no cost. All funds generated by your Activity are committed to CPARF which includes payments that our website system collects and checks written to our organization. In exchange for our services, you agree to these Terms, including the terms below:
1. Who can use CPARF’s 3ForCP Platform; your account
To use CPARF’s 3ForCP Platform you agree to the following:
● That you are 18 years of age or older; however, people under 18 can use CPARF’s 3ForCP Platform provided that such person has reviewed our Terms with their parent or guardian and receive their approval before using the CPARF 3ForCP Platform.
● Provide accurate and up-to-date information about yourself and Activity.
CPARF’s 3ForCP Platform is a place for everyone to create a webpage and fundraise, but you cannot use the CPARF’s 3ForCP Platform if:
● We previously disabled or closed your account for violations of these Terms.
● You are engaged in conduct that violates these Terms.
● You are prohibited from receiving our services under applicable laws, including the laws where you live.
2. What You Can Share and Do on CPARF’s 3ForCP Platform
Rights to use CPARF’s 3ForCP Platform: Your right to access and use CPARF’s 3ForCP Platform is conditioned on your agreement to abide by these Terms.
If you create an account while using the services or otherwise opt to register for any portion of the services, you agree to: (i) provide true, accurate, and complete information about yourself as prompted by the registration form (“Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate, or incomplete, we shall have the right to suspend or terminate your account and refuse any and all current or future use of the services provided (or any portion thereof). You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about your account. You further agree that we are authorized to verify such Registration Data.
2. Platform content
We may provide certain content, including, but not limited to, graphics, text, audio, video, photographs, news, or other material that is capable of being incorporated, including as a module or via an RSS feed or similar technology, into a website or other online, cable, wireless, or other service (“Platform Content”). To the extent that we make Platform Content available, you agree to use it responsibly and consistent with these Terms and any other rules or restrictions provided to you in connection with the Platform Content.
By using Platform Content or incorporating it within or associating it with a website or other online, cable, wireless, or other service other than the Services, you agree not to: (i) obscure our branding of the Platform Content, assert or imply ownership or authorship of the Platform Content, facilitate another party’s assertion or implication of ownership or authorship of the Platform Content, or remove any trademark, copyright, or other proprietary notations on the Platform Content; (ii) excerpt or edit the Platform Content, except as specifically permitted by us; or (iii) publish, place, or utilize the Platform Content in a setting or manner in which it may be associated with content or other material that (a) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent; (b) may constitute, advocate, or encourage conduct that would constitute or give rise to a criminal offense, civil liability, or other violation of any local, state, national, or international law; (c) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (d) contains, introduces, or may be associated with a computer virus, worm, time bomb, time lock, or any other malicious or harmful component; (e) constitutes or contains false or misleading indications of origin or statements of fact; (f) contains any information, software, or other material of a commercial nature; or (g) contains advertising, promotions, or commercial solicitations of any kind.
Although we are under no obligation to do so and assume no responsibility or liability arising from any use of Platform Content, we may monitor the websites or other online, cable, wireless, or other services with which Platform Content is used. You agree that you will promptly, and in any event within 24 hours, remove the Platform Content from any website or other online, cable, wireless, or other service if we request that you do so, and that you will maintain the ability to remove Platform Content from any website or online, cable, wireless, or other service on which you cause it to be placed or with which you cause it to be affiliated. You agree that we have exclusive discretion to direct that the Platform Content be removed from websites or other online, cable, wireless, or other services at any time and for any reason, including, but not limited to, the prohibited uses of Platform Content described above; that we may implement and use protections to limit the websites or other online, cable, wireless, or other services in conjunction with which Platform Content may be used or the manner in which Platform Content may be used; and that we may not specifically advise you of the existence or nature of these protections.
We provide Platform Content, if at all, on a voluntary basis. We expressly disclaim any obligation to provide or update Platform Content, to maintain its availability, or to ensure its accuracy.
By viewing or using Platform Content, YOU AGREE THAT YOU WILL INDEMNIFY AND HOLD US HARMLESS FOR CLAIMS, LIABILITIES, DAMAGES, AND EXPENSES ARISING OUT OF YOUR USE OF PLATFORM CONTENT consistent with the terms of Section 7.4 of these Terms.
Notwithstanding any statement to the contrary by us or by you or any third party, your use of Platform Content creates no fiduciary or contractual relationship between you and us, or between us and any third party, other than pursuant to these Terms.
3. What You Can’t Do on CPARF’s 3ForCP Platform
To help keep our community safe and enjoyable, you commit not to do (or help others to do) any of the following:
1. Use CPARF’s 3ForCP Platform to do or share anything:
○ That violates these Terms.
○ That is unlawful, misleading, discriminatory, fraudulent, or causes harm.
○ That infringes or violates someone else’s rights, including their intellectual property rights.
2. Upload viruses or malicious code or do anything that could disable, overburden, or interfere with the proper working or appearance of our services or harm other members of the community.
3. Scrape data or gain access to CPARF’s 3ForCP Platform without permission.
4. Violate or exceed any of the license terms above.
4. Suspending or Ending our Relationship
You may end your relationship with us at any time by requesting that CPARF delete your account. Instructions for how to do this are in our FAQ’s. However, as described below some of your content may still be available on CPARF’s 3ForCP Platform after CPARF’s deletes your account.
5. Your Content on CPARF’s 3ForCP Platform
1. Deleting Your Content from CPARF’s 3ForCP Platform
● You can request that CPARF delete specific photos, language and videos you have shared on CPARF’s 3ForCP Platform. about how to request to have your content deleted that you have shared on CPARF’s 3ForCP Platform.
● In addition, if your account is deleted, it may continue to exist elsewhere on our systems where:
○ Required by law or to defend, investigate, initiate, or respond to lawful process or legal proceedings or investigate potential violations of these Terms;
2. We can Remove Your Content from CPARF’s 3ForCP Platform
● We can remove your content if we reasonably believe it violates these Terms, or to protect the integrity of CPARF or CPARF’s 3ForCP Platform.
6. Account Suspension or Termination
We may suspend or permanently disable access to your account if we determine in our reasonable discretion that you have engaged in a clear or material violation of these Terms.
If your account is temporarily or permanently suspended or disabled by us, information associated with your account may not be recoverable. We do not guarantee permanent availability of your content. We recommend that you routinely backup any content that you wish to preserve.
We’ll make reasonable efforts to notify you if we permanently suspend or terminate your account unless doing so may expose us or others to legal liability; harm others in the CPARF community; compromise or interfere with our brand or the integrity or operation of our services; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
If you close or we disable your account, these Terms shall terminate as an agreement between you and us, except for the following provisions which will remain in place: arbitration provision (Sections 7.1 and 7.2), venue (Section 7.3), limitation of liability (Section 7.5), indemnity (Section 7.4).
If you believe that your account has been suspended or disabled by mistake, you can contact us by visiting <https://give.cparf.org/contact>.
7. Disputes Under These Terms
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CPARF INVOLVED IN THE PROVISION OF CPARF’S SERVICES, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. SECTION 7.2 OF THESE TERMS SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
1. Definition of Dispute
For purposes of this Section 7, “Dispute” is defined as a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of, the Site, and/or the provision of content, services, and/or technology on or through the Site, and/or your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
2. Notification of a Dispute
You and CPARF agree that, before either you or CPARF demands arbitration or files any legal action against the other, you and CPARF will make a good faith effort to resolve the dispute amicably. You and CPARF further agree that, before either you or CPARF demands arbitration or files any legal action against the other, the party initiating the claim must notify the other in writing of the intent to initiate an informal resolution process and participate in good faith in the resolution process. If the efforts to negotiate a resolution do not succeed, you and CPARF shall submit the controversy to mediation in New York, New York by the National Arbitration and Mediation (“NAM”).
2. Arbitration and Class Action Waiver
(a) Scope of Arbitration Agreement.
You agree that after completing the pre-dispute resolution process in Section 7.1, any remaining dispute, controversy, or claim (“Claims”) relating to or arising out of your access to or use of the services or the CPARF’s 3ForCP Platform will be resolved by binding individual arbitration, rather than in court. However, this Arbitration Agreement does not govern claims that (1) arise from or relate to content or information provided by any other user on CPARF’s 3ForCP Platform or from CPARF’s moderation of such content or (2) cannot be arbitrated as a matter of law. If the parties’ dispute involves some arbitrable claims and some non-arbitrable claims, all non-arbitrable claims must be stayed until completion of the arbitration. This Arbitration Agreement shall apply to all Claims that arose or were asserted before the Effective Date of these Terms and shall survive termination of these Terms. This Arbitration Agreement applies equally to you and CPARF.
(b) Arbitration Rules and Forum
If you reside in the United States or a US territory, you agree that this Arbitration Agreement is governed by the US Federal Arbitration Act (“FAA”) and federal arbitration law. For residents outside the United States, arbitration shall be initiated in New York, New York, and CPARF and you, consistent with the venue provisions below, agree to submit to the personal jurisdiction of any state or federal court in New York County, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Before a party may begin an arbitration proceeding, that party must send a demand for arbitration certifying completion of the informal dispute resolution process pursuant to Section 7.1. This demand must include a claim number assigned by CPARF, the party’s name, telephone number, state of residence, date of informal resolution request, date of response (if any), description of the nature and basis of the claim and alleged harm and the relief sought, and the email address associated with the relevant CPARF account. The demand must be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b).
This demand must be sent to NAM and a copy must be served on the other party. To serve the demand on CPARF, send it to:
Cerebral Palsy Alliance Research Foundation, 142 W 57th Street, Floor 11, New York, NY 10019 Attn: Legal, Arbitration Demand
Email Address: Michael.Pearlmutter@cparf.org
The arbitration will be conducted by NAM under its rules as modified by the terms of this Arbitration Agreement. The NAM Arbitration Rules and fee information are available at www.namadr.com. If NAM is unable to arbitrate the dispute for whatever reason, a court of competent jurisdiction shall appoint the arbitrator who will administer the arbitration consistent with NAM rules as modified by this Arbitration Agreement.
The payment of all arbitration fees (1) will be governed by NAM arbitration rules, (2) the prevailing party may seek attorneys’ fees and costs if the arbitrator finds that the claims or defenses (a) are presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (b) are not warranted by existing law or are frivolous; or (c) the factual contentions do not have evidentiary support; and (3) each party shall equally share all other fees and other similar and usual administrative costs, as are common to both court and administrative proceedings, such as court reporter costs and transcript fees, except if an arbitrator determines that its rules or applicable law requires that your share of fees and other costs be capped at a certain amount, then you will only be responsible for the maximum amount permitted by rule or law.
(c) Arbitrator Powers
The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation or enforceability of this Arbitration Agreement. All disputes regarding the payment of arbitrator or arbitration fees shall be determined exclusively by an arbitrator. The arbitrator’s decision is final and binding on you and CPARF.
The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more, or injunctive relief, shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a CPARF representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the fullest extent allowable by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.
The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
(d) Opt Out
To opt out of this Arbitration Agreement, you must notify CPARF no later than 30 days after first becoming subject to this Arbitration Agreement by sending an email to Michael.Pearlmutter@cparf.org from the email address associated with your CPARF 3ForCP Platform account (or if no email address is associated with your CPARF 3ForCP Platform account, any valid email address where you can be contacted). The email must include your name, the email address associated with your CPARF 3ForCP Platform account (or if no email address is associated with your CPARF 3ForCP Platform account, any valid email address where you can be contacted), a screenshot of your CPARF 3ForCP Platform webpage, your state of residence, and a statement indicating your desire to opt out from this Arbitration Agreement claim. If you do so, neither you nor CPARF can compel the other to arbitrate pursuant to this Arbitration Agreement. You may only submit an individual opt out on your own behalf. Any attempt to opt out more than one individual in an opt out request is invalid as to all such requests. CPARF will continue to honor the opt outs of users who validly opted out of the Arbitration Agreement in a prior version of these Terms.
If you opt out of this Arbitration Agreement, all other parts of these Terms and key terms will continue to apply to you.
(e) Waiver of Jury Trial.
You and CPARF waive any rights to sue in court and receive a judge or jury trial, to the fullest extent permitted by law.
(f) Waiver of Class or Consolidated Actions.
In the US, you and CPARF agree to waive any right to have Claims decided on a class, collective or representative basis. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor CPARF is entitled to arbitration of such Claim. Instead, all such Claims will be resolved in a court as set forth in Section 7.3, exclusive venue. This Section 7.2(e) does not prevent you or CPARF from participating in a settlement on a class-wide, collective, or representative basis.
This Arbitration Agreement and all key terms will survive any termination of your relationship with CPARF and the expiration of these Terms.
3. Exclusive Venue and Choice of Law
To the extent the parties are permitted under this Arbitration Agreement to initiate litigation in a court, you and CPARF agree that all Claims arising out of or relating to these Terms will be litigated exclusively in the U.S. District Court for the Southern District of New York or the Supreme Court of New York County.
These Terms and any Disputes between you and CPARF will be governed by the laws of the State of New York without regard to its principles of conflicts of laws. You further agree to accept service of process by certified mail, return receipt requested at the address designated by you. CPARF will be entitled to recover court and arbitration costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of these Terms.
Unless you and CPARF agree otherwise, to the fullest extent permitted by law, the state and federal courts of New York County, New York shall have exclusive jurisdiction over any Disputes between you and CPARF (except for Disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of any provisions of these Terms (including the arbitration provisions and class action waiver).
You agree to defend, indemnify, and hold harmless CPARF, and its affiliates and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of (a) a breach by you or any user of your account of your obligations, representation and warranties under these Terms, (b) your use of CPARF’s 3ForP Platform, (c) any damage or destruction of personal or real property in connection with your use of CPARF’s 3ForP Platform or your Activity, (d) any personal injury or death in connection with your Activity or (e) any gross negligence, willful misconduct or fraud by or on behalf of you or otherwise arising in connection with your use of CPARF’s 3ForP Platform or your Activity. You may not in any event settle any such third party claim, action or demand without CPARF’s written consent. CPARF reserves the right to, in its sole discretion and at its own expense, participate in or assume the exclusive defense and control of any such third party claim, action, or demand otherwise subject to indemnification by you.
You agree to release, discharge, and covenant not to sue CPARF, its respective administrators, directors, agents, officers, volunteers, and employees, other participants, and, (each considered one of the “Releasees” herein) from all liability, claims, demands, losses, or damages arising out of your use of CPARF’s 3ForP Platform or your Activity and you further agree that if, despite this release, waiver of liability, and assumption of risk you, or anyone on you and/or a minor child’s behalf, makes a claim against any of the Releasees, you will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost which any may incur as the result of such claim.
5. Limitation of liability
Our services and the CPARF’s 3ForP Platform are provided “as is” and we make no guarantees that our services and the CPARF’s 3ForP Platform will be safe, secure, or free from error or that they will function without interruption, delay or defect. To the extent permitted by law, we DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, VALIDITY, REGISTRABILITY, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Users and others are solely responsible for their content and their access and use of the CPARF’s 3ForP Platform. We are not responsible for users and others’ actions or conduct (whether on or off CPARF’s 3ForP Platform), and we do not guarantee the accuracy, integrity, appropriateness or quality of any content users and others share on CPARF’s 3ForP Platform (including offensive, inappropriate, obscene, unlawful, and other objectionable content). Our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will CPARF, its parents, subsidiaries, affiliates or any of their respective officers, directors, employees, agents or advisors be liable hereunder whether in an action in tort or contract or otherwise for any punitive, consequential, incidental, exemplary or special damages, or any damages that were not reasonably foreseeable at the time these Terms were entered into by the parties, or any damages based on lost profits, loss of reputation or diminution in value, even if CPARF or such other parties have been advised of the possibility of such damages. Under all circumstances the maximum aggregate liability of CPARF, its parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, agents and advisors arising out of or relating to these Terms or your use of CPARF’s 3ForCP Platform or our services to a user of CPARF’s 3ForCP Platform with regard to CPARF’s 3ForCP Platform or our services will not exceed the greater of $100.
8. Other provisions
1. Updating our Terms
● We may update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you of any significant changes to these Terms and give you an opportunity to review them before they apply.
● We also recommend that you regularly review the Terms to stay informed of the latest changes. If you continue to use our services after any updated Terms are in effect, you agree to be bound by the updated Terms. These Terms supersede all prior versions of the Terms.
If any portion of these Terms is found to be invalid or unenforceable, then that provision will be removed from these Terms and the remaining provisions will continue to have full force and effect.
3. Assignment in Event of Merger or Sale
These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us without any requirement to notify any third party in connection with a merger, acquisition, sale or disposition of assets, sale or transfer of equity (whether by direct or indirect ownership), or by operation of law or otherwise.
4. No Waiver
Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
We do not guarantee that our services will be secure or free from bugs or viruses. You are responsible for configuring the information technology, software, and hardware, and computer programs and devices you use to access our services in a secure manner.
6. Class Action Waiver and Jury Trial Waiver
You and CPARF each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and CPARF agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent allowable by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.