Terms of Use

These Terms Of Use are between you and Room Five Charity Foundation Inc. (“Room5”) pertaining to the access and use of the services offered, information, and content accessible from, www.roomfivecharity.org or any sub-domains thereof or other websites operated by or for Room5 (collectively, the “Sites”).

The Sites are all offered by Room5 to you free of charge on the express condition that you accept, without modification, and abide by these Terms Of Use. Your use of the Sites constitutes your acceptance of these Terms Of Use. Room5 reserves the right to change the Terms Of Use at any time.

Mission Statement

Room5 is organized for charitable, educational, scientific, and literary purposes. The Sites are designed, and all uses of the Sites are intended, to be in furtherance of the Mission.

Disclaimer

You acknowledge that the materials on the Sites are provided “as is” for general

information only and without warranties of any kind. Room5 does not recommend,

endorse or make any warranties or representations of any kind with regard to the

accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the

programs, materials, products or other information provided on the Sites or by the

companies or organizations linked or referred to in the Sites. In certain instances Room5

permits third parties to provide testimonials and information, and in certain situations,

create home pages for fundraising purposes in furtherance of the Mission. Room5 may

from time to time post articles and other information provided by third parties that might

be of interest or benefit to the public. You acknowledge that the opinions and

recommendations of third parties contained on the Sites are not necessarily those of

Room5 or endorsed by Room5.

Restrictions on Use of Materials

Unless otherwise indicated, Room5 holds the copyright to all materials on the Sites,

including without limitation, research materials, photographs, text, graphics, logos, icons,

images, content, sound recordings, tutorials, white papers, audio/visual clips and design.

Additionally, Room5 owns all of the trademarks, service marks, slogans and logos used

and displayed on the Sites, unless otherwise noted. Without the explicit consent of

Room5, no material from the Sites may be copied, reproduced, displayed, republished,

downloaded, posted, digitized, translated, modified, transmitted, distributed or

commercially exploited in any way. Any unauthorized use of materials contained on the

Sites may violate copyright, trademark and other laws. We retain all rights not expressly

granted, and nothing in these Terms Of Use constitutes a waiver of any rights under

Nothing in these Terms Of Use should be construed as conferring by implication,

estoppel or otherwise, any license or right under or to any intellectual property right,

including without limitation, any patent, trademark, service mark or copyright of Room5

or any third party.

Room5 will allow you to view and print information, documents and web pages located

on the Sites for your own personal use but not for any for-profit or commercial activities

or purposes or resale.

Links To Other Sites; Link Agreement

Room5 may provide links to other Internet sites or resources. Room5 likewise may

permit others to post on certain public forums links to other Internet sites or resources.

The information provided to you in such links are provided solely for your interactive

enjoyment. The results are not guaranteed to be accurate and are in no way endorsed,

offered or guaranteed by Room5.

General Indemnification

You agree that you will hold harmless Room5, its officers, directors, employees,

volunteers, licensors and suppliers from all claims arising out of or related to your access

or use of, or your inability to access or use, the Sites or other sites to which they are

linked. If your use of materials from the Sites results in the need for servicing, repair of

equipment or data, you will assume any costs thereof.

Limitation of Liability

In no event and under no circumstances shall Room5 or the contributors of information to

the Sites or our sponsors, licensors or authorized representatives be liable to you or any

third party for special, incidental, punitive or consequential damages arising out of your

or any unrelated party's use or inability to use the Sites, or your or any unrelated party's

reliance or use of information, products or services provided on or through the Internet,

or that result from mistakes, omissions, interruptions, deletions of files or other data loss,

errors, defects, delays in operation, service or transmission or any failure of performance

of the Sites, even if we, or any of our authorized representatives, have been advised of the

possibility of such damage and even if the remedies stated in these Terms Of Use fail of

their essential purpose.

Disclaimer of Warranties

There is no warranty, representation or guarantee that the Sites will continuously operate

or be error free or that any problems will be corrected, or that any information, software

or other material accessible from the Sites is free of viruses, worms, or other harmful

components. Further, we do not warrant, guarantee, or make any representations

regarding the use of, or the results of the use of the Sites either in terms of its

compatibility with hardware or other software, its reliability, or otherwise; and you rely

on the Sites solely at your own risk.

Acceptable Use Policy

You will not, and will not allow or authorize others to, use the Sites to take any actions

that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other

proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute,

ordinance or regulation (including those regarding export control); (iii) are defamatory,

trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive,

tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or

disability, pornographic or obscene; (iv) interfere with or disrupt any services or

equipment with the intent of causing an excessive or disproportionate load on Komen or

its licensors or suppliers' infrastructure; (v) involve knowingly distributing viruses,

Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi)

involve the preparation and/or distribution of "junk mail", "spam", "chain letters",

"pyramid schemes" or other deceptive on-line marketing practices or any unsolicited bulk

email or unsolicited commercial email or otherwise in a manner that violate the

Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM

Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give

rise to civil liability or otherwise violate any applicable local, state, national or

international laws or regulations; (viii) involve the unauthorized entry to any machine

accessible via the Services or interference with the Sites or any servers or networks

connected to the Sites or disobey any requirements, procedures, policies or regulations of

networks connected to the Sites, or attempt to breach the security of or disrupt Internet

communications on the Sites (including without limitation accessing data to which you

are not the intended recipient or logging into a server or account for which you are not

expressly authorized); (ix) impersonate any person or entity, including, without

limitation, one of Room5’s or other's officers or employees, or falsely state or otherwise

misrepresent your affiliation with a person or entity; (x) forge headers or otherwise

manipulate identifiers in order to disguise the origin of any information transmitted

through the Sites; (xi) collect or store personal data about other account users or attempt

to gain access to other account users' accounts or otherwise mine information about other

account users or the Sites; (xii) execute any form of network monitoring or run a network

analyzer or packet sniffer or other technology to intercept, decode, mine or display any

packets used to communicate between the Sites' servers or any data not intended for you;

(xiii) attempt to circumvent authentication or security of any content, host, network or

account ("cracking") on or from the Sites; or (xiv) are contrary to Room5's public image,

goodwill, reputation or Mission.

Term & Termination

These Terms Of Use are effective from the date that you first access the Sites or on the

date that you activate your account for the Services, whichever is earlier, and continues in

effect until terminated in accordance with these Terms Of Use.

Room5 may terminate your access to the Sites or the Services at any time for any reason.

Cause for such termination shall include, but not be limited to: (i) breaches or violations

of these Terms Of Use; (ii) requests by law enforcement or other government agencies;

(iii) a request by you (self-initiated account deletions); (iv) discontinuance or material

modification to the Services (or any part thereof); (v) unexpected technical or security

issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities

performed by or on behalf of you in connection with the Services or the Sites; (viii)

discontinuance of the Services as a whole; (ix) a statement by you that you no longer

agree to these Terms Of Use, or a statement by you otherwise requesting termination of

your access to the Services; (x) completion of the Room5 or other fundraising event or

program in which you are participating; and/or (xi) any other reason reasonably

considered by Room5 to be in its best interest.

Your access to the Sites or the Services also will terminate automatically if you fail to

comply with any term or provision of these Terms Of Use.

Deactivation of the Sites

We reserve the right at any time and from time to time to modify or discontinue,

temporarily or permanently, the Sites, or any part or portion thereof, with or without

notice to you. You agree that we shall not be liable to you or to any third party for any

modification, suspension or discontinuance of the Sites, or any part or portion thereof.

Nothing in these Terms Of Use shall be construed to obligate Room5 to maintain and

support the Sites, or any part or portion thereof, during the term of these Terms Of Use.

Privacy

Room5 understands that many visitors to the Sites may be concerned about the

information that they may provide or that may be generated from their use of the Sites

and how Room5 may use such information. Protecting privacy is an important priority to

Room5. Our Privacy Policy governs the collection, use, retention and disclosure of

personal information gathered from the Sites

Governing Law

These Terms Of Use are governed by the laws of the State of Florida, U.S.A.

Dispute Resolution

In the event of any dispute arising out of these Terms Of Use, you and Room5 each agree

to use good faith efforts to resolve our differences amicably. In the event those efforts are

unsuccessful, you and Room5 agree not to commence litigation until attempting to

resolve our dispute through mediation. Either you or Room5 may initiate the mediation

process with thirty (30) days' prior written notice to the other.

Miscellaneous

If any provision of these Terms Of Use is held to be illegal, invalid, or unenforceable,

then that provision shall be fully severable from these Terms Of Use and shall not effect

the legality, validity, or enforceability of the remaining provisions of these Terms Of Use.

Failure by us to enforce any particular term of these Terms Of Use shall not be construed

as a waiver of any of our rights hereunder.

These Terms Of Use have been written in the English language and the English language

shall control.

These Terms Of Use (and each supplemental agreement referenced in or referencing

these Terms Of Use found on the Sites) constitutes the entire agreement between you and

Room5 with respect to the Sites.

Contact Information

If you have any questions regarding these Terms Of Use, you may write to Room5:

By mail:

Room Five Charity Foundation Inc P O Box 228674 Miami FL 33222.