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The Way I See it # 275
When I wake up in the morning, I want to know that my family,friends and fans know what I believe in and what I’m all about.That’s what should be important.

-Robert Randolph
To laugh often and much;to win the respect of
intelligent people and the affection of children;to earn the appreciation of honest critics and to endure the betrayal of false friends;to appeciate beauty; to find the best in others;to leave the world a bit better whether by a healthy child, a garden patch or a redeemed social condition; to know even one life has breathed easier because you have lived. This is have succeeded.

-Ralph Waldo Emerson
Be who you are and say what
you feel, because those who mind don't matter, and those who matter don't mind.

- Dr. Suess
 
 
Legal Documentation
 
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these Terms and Conditions. If you do not agree to ALL of these Terms and Conditions of use, please do not use this Site! Be aware that floodsisters.org and the services offered by The Flood Sisters Kidney Foundation of America (hereinafter referred to as “Flood Sisters Foundation”) are not endorsed by the U.S. Department of Health and Human Services or any of its agencies or instrumentalities. Section 301 of the National Organ Transplant Act of 1984 (“NOTA”), as amended, prohibits any person from knowingly acquiring, receiving, or otherwise transferring any human organ for valuable consideration for use in human transplantation if the transfer affects interstate commerce. 42 U.S.C. 274e(a). Violators of this criminal prohibition can be subject to $50,000 in fines and/or five years of imprisonment. Please remember that any information (including personal and medical information) that you reveal in a Flood Sisters Foundation publicly viewable area (such as a bulletin board, public profile, posting, chat room/event, membership profile, patient profile, group profile) is not protected by the Privacy Policy found at the end of these Terms and Conditions. Such postings will be seen by third parties not related to the Flood Sisters Foundation. What you've written could be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. Also, if you access a third party site from a link on floodsisters.org, any information you reveal on that site is not subject to this Privacy Policy. You should consult the privacy policies of each site you visit. The Flood Sisters Foundation may revise and update these Terms and Conditions at any time. Your continued usage of the floodsisters.org website (the "Site") will indicate your acceptance of those changes whether or not we notify you of those changes on the Site. THE SITE DOES NOT PROVIDE MEDICAL ADVICE. The contents of the Site, such as text, graphics, images, information obtained from the Flood Sisters Foundation’s licensors, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site! If you think you may have a medical emergency, call your doctor or 911 immediately. Flood Sisters Foundation does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Flood Sisters Foundation, its employees, others appearing on the Site at the invitation of Flood Sisters Foundation, or other visitors to the Site is solely at your own risk. The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site. Keep in mind, like patients, donors can and most likely will be testing for more than one patient at a time. Flood Sisters Foundation makes no representations as to the guarantee that a match will be found or the amount of time that it will take to find a match. CHILDREN'S PRIVACY. We are committed to protecting the privacy of children. Be aware that this Site is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18. USE OF CONTENT. Flood Sisters Foundation authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2008, 2009, Flood Sisters Foundation. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software (if applicable) and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. The Content is protected by copyright under both United States and foreign laws. Ownership of the Content remains with the Flood Sisters Foundation or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Flood Sisters Foundation. All rights not expressly granted herein are reserved to Flood Sisters Foundation and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. USE of NAMES, LOGOS ETC. The following states the policy of Flood Sisters Foundation and floodsisters.org regarding the use of its name, registered marks, logos, other indicia, and the names of its employees, directors and officers. DEFINITIONS. Name – The Flood Sisters Foundation of America and floodsisters.org. Registered Mark - Words and images representing The Flood Sisters Foundation and floodsisters.org that have been registered with the federal Office of Patents and Trademarks and/or the New York Secretary of State. Logos - Officially adopted words, images or combinations of words and images representing The Flood Sisters Foundation and floodsisters.org. Indicia - Various words, images, colors, and combinations of words, images and colors that have come to be associated with The Flood Sisters Foundation and floodsisters.org in the minds of the public that may or may not have been made a registered mark but in which the Flood Sisters Foundation and floodsisters.org has a proprietary interest through prior use or identification. As used herein, the term, "indicia," encompasses name, registered marks, logos and other indicia. GENERAL STATEMENT. The Flood Sisters Foundation and floodsisters.org is the owner of all rights, titles and interests in and to certain designations comprising designs, trade names, trademarks and service marks including, without limitation, the names “The Flood Sisters Foundation of America and floodsisters.org,” logotypes and seals incorporating one or more of the foregoing names and/or abbreviations, and certain logographics and/or symbols which have come to be associated with floodsisters.org. In consideration of the valuable property rights inherent in the Flood Sisters Foundation and floodsisters.org’s name and indicia that are inseparable from the good name and reputation of Flood Sisters Foundation and floodsisters.org both domestically and internationally, this policy is established to govern the use of the Flood Sisters Foundation and floodsisters.org’s name and indicia. C. LICENSING PROGRAM. Use of Flood Sisters Foundation and floodsisters.org’s indicia on or in connection with items using the name, logo or other indicia of any non- Flood Sisters Foundation and floodsisters.org entity or otherwise for commercial purposes, including but not limited to seminars, conventions, paid continuing education programs, and class credit programs shall be subject to a licensing agreement between the external entity and Flood Sisters Foundation and floodsisters.org and Flood Sisters Foundation and floodsisters.org may require the payment of a royalty. It is the exclusive right of the President to waive or set the price of this royalty. All royalty agreements must be presented by the “User” to the President of Flood Sisters Foundation at least thirty (30) days prior to the event. Licensable use includes products offered for sale as merchandise, offered promotionally as merchandise, represented in association with any non-Flood Sisters Foundation and floodsisters.org entity or otherwise in any printed, electronic or other medium. Questions regarding any use of Flood Sisters Foundation and floodsisters.org’s indicia as described above should be directed to the Office of the President of the Flood Sisters Foundation. Only the President of the Flood Sisters Foundation can negotiate, waive or accept any licensing agreement. These agreements will only be in writing. D. INTELLECTUAL PROPERTY. Agreements by which Flood Sisters Foundation and floodsisters.org’s technology is licensed require that the licensee may make no use whatsoever of Flood Sisters Foundation and floodsisters.org’s name, or of the name of any Flood Sisters Foundation and floodsisters.org employee (including without limitation the name of any named inventor of any Licensed Patent or Licensed Know How), in any news releases, advertisements, promotional materials, or otherwise, without the prior written consent of Flood Sisters Foundation and floodsisters.org for each such use as follows below. Also, written approval must be granted in writing prior to the use of Flood Sisters Foundation and floodsisters.org’s name in brochures, flyers and promotional materials by the licensee if such use meets the following conditions: 1. Use is in a general context. 2. Use does not directly imply endorsement by Flood Sisters Foundation and floodsisters.org. 3. Perceived use has a positive or neutral impact on Flood Sisters Foundation and floodsisters.org's image. Proposals for the use of Flood Sisters Foundation and floodsisters.org’s name meeting the above criteria may only be approved in writing by the President of the Flood Sisters Foundation. Proposals not meeting the above criteria, or which are not modified by the licensee to meet the above criteria, will be rejected by the Flood Sisters Foundation. If the use of a Flood Sisters Foundation and floodsisters.org employee, director or officer’s name is proposed by a sponsor, both the written approval of Flood Sisters Foundation and floodsisters.org and a written release from the employee, director or officer are required. E. LIABILITY OF THE FLOOD SISTERS FOUNDATION AND ITS LICENSORS. The use of the Site and Content is at your own risk. When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Flood Sisters Foundation and its suppliers. Accordingly, Flood Sisters Foundation assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. The Site and the content are provided on an "as is" basis. FLOOD SISTERS FOUNDATION, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Flood Sisters Foundation, its licensors, and its suppliers make no representations or warranties about the following: 1. The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Flood Sisters Foundation and floodsisters.org. 2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site. In no event shall Flood Sisters Foundation, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Flood Sisters Foundation is advised of the possibility of such damages. Flood Sisters Foundation shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Flood Sisters Foundation is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. F. USER SUBMISSIONS. You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards, postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. By making any such submission you agree that you will not send or transmit to Flood Sisters Foundation by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Flood Sisters Foundation by email, you agree such submission is non-confidential for all purposes. If you make any submission to the Site whether in a Public Area or Private Area or if you submit any business information, idea, picture, story, concept or invention to Flood Sisters Foundation in any manner, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—Flood Sisters Foundation a royalty-free, perpetual, irrevocable, world-wide exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the story, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Flood Sisters Foundation may sublicense its rights through multiple tiers of sublicenses. Any broadcast, rebroadcast, reproduction, or other use of the pictures and accounts of any patient's or donor's story without the express written consent of the Site is prohibited. Any story or article written or broadcast about any patient or donor on the Site must be approved by Flood Sisters Foundation. Approval must be requested in writing by contacting Flood Sisters Foundation at info@floodsisters.org. We try to answer every email in a timely manner, but are not always able to do so; we thank you in advance for your patience. H. MEMBERSHIP, BILLING TERMS & TRIAL PERIOD. 1. CREATING YOUR MEMBERSHIP; RESPONSIBILITY FOR OTHERS. The Site is free to use for Potential Kidney Donors. A membership rate per month (or until the total lifetime membership fee has been paid) is charged to individuals (Patients) seeking a Potential Kidney Donor. Additional products and services can be purchased from the Site. Membership rates may be waived—at the discretion Flood Sisters Foundation—for patients who cannot afford it. By subscribing, participating in, accessing or otherwise using the Site, you agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, do not subscribe to, participate in, download or install items from, access or otherwise use the Site. If you are purchasing a membership on the Site, you represent and warrant that: (1) you are at least 18 years of age; (2) all information you submit is true and accurate; (3) you are an individual authorized to use the designated credit card or other acceptable payment method you have selected for payment of the Site’s charges; and (4) you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. Your membership is personal to you. You agree not to attempt to assign, transfer, resell or sublicense your rights as a Member. "You" and "Your" as used throughout this Agreement shall mean you and any person utilizing your membership. You may allow other people to use your membership on your behalf, provided that you agree to pay all applicable charges that are incurred by you or others utilizing the membership. However, you may not allow former Members whose memberships have been terminated to use your membership. As between Flood Sisters Foundation and you, you are solely responsible for all usage of your membership by others, including any violations of this Agreement by such users. The Flood Sisters Foundation is not, and will not be, liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Flood Sisters Foundation or another party due to someone else using your account. The party being billed for the membership (that is, the party who is responsible for the credit card or other payment account associated with your membership) has the right to cancel the membership at any time, make changes to any membership information and to request and receive usage information related to the membership. 2. CHARGES. The Flood Sisters Foundation will bill you through an online account (your "Billing Account") for charges you incur for services and items obtained under this Agreement (the "Products"). You agree to pay Flood Sisters Foundation all charges at the prices then in effect for any Products ordered by you or other persons (including your agents) using your Billing Account, and you authorize Flood Sisters Foundation to charge your chosen payment method (your "Payment Method") for such Products. You agree to make payment using that selected Payment Method. Charges on your Billing Account will be summarized for you in an email sent to the email address you provided at your initial sign-up on the Site. You agree that such emails are the only statement of your Billing Account that Flood Sisters Foundation needs to provide to you. YOU ALSO AGREE THAT IT IS YOUR RESPONSIBILITY TO PRINT A COPY OF EACH EMAIL FOR YOUR RECORDS AND TO RETAIN THOSE RECORDS UNTIL YOU NO LONGER NEED THEM. Your inability to view or receive email (e.g., due to your email filter settings) does not relieve you of your obligation to pay any amounts owing to Flood Sisters Foundation. Flood Sisters Foundation reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. UPDATES OR CHANGES TO SUCH INFORMATION (SUCH AS AN UPDATED BILLING ADDRESS, CREDIT CARD NUMBER OR EXPIRATION DATE) CAN BE MADE IN THE ACCOUNT MANAGEMENT SECTION OF THE SITE, BY CALLING FLOOD SISTERS FOUNDATION CUSTOMER SUPPORT, OR AS OTHERWISE SPECIFIED BY THE SITE. YOU MUST ALSO PROMPTLY NOTIFY FLOOD SISTERS FOUNDATION IF YOUR PAYMENT METHOD IS CANCELED (E.G., LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL FOR BREACH OF SECURITY, SUCH AS THE UNAUTHORISED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. NOTWITHSTANDING THE FOREGOING, IF YOU FAIL TO PROVIDE THIS UPDATED INFORMATION, YOU AGREE THAT FLOOD SISTERS FOUNDATION MAY CONTINUE CHARGING YOU FOR YOUR NON-TERMINATION OR CONTINUED USE OF ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT. Flood Sisters Foundation will use commercially reasonable efforts to correct any errors relating to your Billing Account within a reasonable time. Unless you notify Flood Sisters Foundation of such error within sixty (60) calendar days after a charge is made to your Billing Account, it will be deemed accepted by you for all purposes, including resolution of inquiries made by your Payment Method Provider. TO THE EXTENT ALLOWED BY LAW, YOU RELEASE FLOOD SISTERS FOUNDATION FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR THAT IS NOT REPORTED TO FLOOD SISTERS FOUNDATION WITHIN 60 DAYS AFTER THE DATE OF THE ERROR. Currency exchange settlements will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (called the "Payment Method Provider"). If Flood Sisters Foundation does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account(s) upon demand. Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not charged to you or your selected Payment Method by Flood Sisters Foundation.  If the amount to be charged to your Billing Account varies from the amount you preauthorized, you have the right to receive, and Flood Sisters Foundation shall so provide, notice of the amount to be charged and the date of the charge at least ten (10) days before the scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern your use of that Payment Method. You agree that Flood Sisters Foundation may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. FLOOD SISTERS FOUNDATION MAY SUBMIT PERIODIC (E.G., MONTHLY) CHARGES WITHOUT FURTHER AUTHORISATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORISATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE FLOOD SISTERS FOUNDATION REASONABLY COULD ACT.  Your non-termination or continued use of the Products on your Billing Account reaffirms that Flood Sisters Foundation is authorized to charge your Payment Method. Flood Sisters Foundation may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive the Flood Sisters Foundation's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially ordered a membership. 3. REFUND POLICIES. You understand that the Site’s service will commence as soon as Flood Sisters Foundation receives and processes your initial payment. You agree that any statutory right to withdraw from the Site’s service will be waived as soon as the Flood Sisters Foundation service commences. If you cancel your account within five (5) business days from date of purchase, Flood Sisters Foundation will provide a full refund. If however, you cancel your account thereafter you will not be entitled to any refund of fees. 4. DUE DATE; LATE CHARGE; COLLECTION COSTS. The amount due to Flood Sisters Foundation for your Billing Account must be paid in full by your Payment Method Provider on the date such payment is requested by the Site and not later than 30 days after the billing date; you are not entitled to carry forward a balance. You agree to pay late charges that may be assessed Flood Sisters Foundation on amounts due but not timely paid. The late charge will be 1% per month (or 12% per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law. Flood Sisters Foundation reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Agreement and in collection of any delinquent amounts due, including reasonable legal fees and costs. 5. TERMINATION, CANCELLATION OR SUSPENSION. To cancel any membership, you must contact Flood Sisters Foundation two ways - directly by telephone AND by e-mail. You may cancel a membership at any time upon notice to Flood Sisters Foundation by e-mailing your request for cancellation to info@floodsisters.org, AND by calling Flood Sisters Foundation Customer Support at 646.715.8976. If you request immediate cancellation, your cancellation shall normally be effective within twenty-four (24) hours following the date and time on which notice of cancellation is provided; otherwise, your cancellation will be effective on the last day of your current membership billing cycle for which you have prepaid. You will not receive a pro-rated refund of any fees that you may have accrued on your Billing Account before cancellation. The Flood Sisters Foundation reserves the right, in its sole discretion, to suspend or terminate your membership and/or access to the Site, or any portion thereof, at any time for any reason, without notice, including for reasons of nonpayment of any charge as required by this Agreement or for any other breach of this Agreement by you or any other person using your membership. Termination, cancellation or suspension, whether by you or Flood Sisters Foundation, will not alter your obligation to pay all charges made to your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before Flood Sisters Foundation could reasonably act on your termination notice). If your membership is terminated or cancelled for any reason and you later wish to restart, the earlier membership information (such as your Member Profile) will not be transferable to your new membership. 6. LIFETIME MEMBERSHIP & TRIAL PERIOD. If you are participating in a one month trial or promotional period offer, your membership will expire on the date that the membership ends. A lifetime membership includes a lifetime of postings and expires when you have received a transplant. Once your lifetime membership expires, you will be notifed by the Flood Sisters Kidney Foundation of America via email. At this time, you may decide to re-register as a member or discontinue using our services. A lifetime membership to the Site covers the life of the Site, or the point at which the patient receives a transplant (whichever comes first)—not the life of the member or patient. If the patient receives a transplant all access to the Site is terminated until such time the patient needs anther transplant. The membership remains in effect if the Site needs to be repaired or replaced due to a malfunction. Because a lifetime membership is linked to a particular person, it cannot be transferred to any other person.  A trial membership includes 30 days (or one montth) of postings. It expires within 30 days ( one month) of when you registered as a member. Please be aware that all prices and or promotional offers are subject to change. The Flood Sisters Kidney Foundation of America is not obligated to notify its members when prices change. Please be responsible for seeing the price schedules below. Month of February 2009- Our Promotional Offer was $ 18.95 for a trial membership, 30 days (or one month) of postings on The Flood Sisters Kidney Foundation site. A lifetime membership was $ 49.95 which included a lifetime of postings , wth the fee charged on a yearly basis. Effective March 4, 2009, a trial membership is $ 25.95, 30 days ( or one month) of postings on our site. A lifetime membership is $150.00. It is a lifetime membership which includes a lifetime of postings and expires within the life of our website and or when a transplant occurs. Effective March 19, 2009, a trial membership is $ 49.95, 30 days ( or one month) of postings on our site. Effective April 5, 2009, we have discontinued our trial membership services. Effective June 28, 2009, our lifetime membership fee is $ 300.00.  Effective July 7, 2009, our membership fee has changed to a yearly lifetime membership of $ 360.00.Of course, websites don't last forever and their lifespan will vary. Effective April 17, 2010, we are offering a lifetime membership fee of $360.00. Effective May 2011, we are offering a lifetime membership fee of $1,000 for US patients and UK patients. Flood Sisters Foundation makes no representations or warranties as to the expected lifetime of the Site. 7. CONTACT DETAILS FOR QUESTIONS AND DISCLAIMER. Please email billing@floodsisters.org with any billing related questions or issues, or to notify Flood Sisters Foundation of your desire to cancel, terminate or suspend your membership. The Flood Sisters Foundation does not control or endorse the communications you may receive from other users via the Flood Sisters Foundation or the content, messages or information of any third-party content or services available on the Site and, therefore, Flood Sisters Foundation specifically disclaims any liability with regard to such content, messages or services and any actions resulting from your participation in any service which permits the transmission of content or messages. Managers and hosts are not authorized Flood Sisters Foundation spokespersons, and their views do not necessarily reflect those of Flood Sisters Foundation. 8. NOTICES REGARDING YOUR MEMBERSHIP. CERTAIN INFORMATION REGARDING YOUR MEMBERSHIP, SERVICES AND OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT (SUCH AS BILLING AND PAYMENT INFORMATION) MAY BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY, (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFY DURING YOUR INITIAL SUBSCRIPTION SIGN-UP, (2) BY ACCESS TO A FLOODSISTERS.ORG WEBSITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE, OR (3) TO THE EXTENT PERMISSIBLE BY LAW, BY ACCESS TO A FLOOD SISTERS FOUNDATION WEBSITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE. For purposes of receiving this information electronically from Flood Sisters Foundation, you agree that you have an e-mail address and an e-mail software program capable of sending and receiving e-mail from Flood Sisters Foundation via the Internet, and access to a computer that is capable of receiving, accessing, displaying, storing, and printing such information. The Flood Sisters Foundation will notify you of any significant changes to the foregoing requirements. YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT TO RECEIVE ANY AND ALL INFORMATION FROM FLOOD SISTERS FOUNDATION RELATING TO YOUR MEMBERSHIP SOLELY BY ELECTRONIC COMMUNICATION AS SET FORTH HEREIN. YOU MAY WITHDRAW YOUR CONSENT BY CALLING FLOOD SISTERS FOUNDATION CUSTOMER SUPPORT; HOWEVER, IF YOU CHOOSE TO WITHDRAW THIS CONSENT, FLOOD SISTERS FOUNDATION MAY TERMINATE YOUR MEMBERSHIP. You may request a paper copy of any information previously provided to you in electronic form by Flood Sisters Foundation for a period of 120 days from the date that Flood Sisters Foundation first provided the information to you by calling Customer Support; however, Flood Sisters Foundation may charge a reasonable fee for providing such paper copies. For greater clarity, such paper copies will be provided to you only as a courtesy and by agreeing to provide such paper copies to you for a period of 120 days from the date that Flood Sisters Foundation first provided the information to you, Flood Sisters Foundation is not extending or relieving you of any of your obligations under this Agreement. 9. PASSWORDS Floodsisters.org has several tools that allow you to record and store information. For example, the Personal Profile is a service that allows you to record limited amounts of personal information on a voluntary basis on servers maintained by Flood Sisters Foundation or on its behalf. The Personal Profile is structured to allow access only to visitors with a valid password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your account and password; and/or (3) promptly inform Flood Sisters Foundation of any need to deactivate a password. You grant Flood Sisters Foundation and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. The Flood Sisters Foundation cannot and does not assume any responsibility or liability for any information you submit, including to your floodsisters.org Personal Profile, or your or third parties' use or misuse of information transmitted or received using floodsisters.org tools and services, including the Personal Profile. 10. DISCLAIMER/LIMITATION OF LIABILITY. You specifically agree that Flood Sisters Foundation shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through or using the Site. You specifically agree that Flood Sisters Foundation is not responsible or liable for any act or omission of any third party including but not limited to any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Flood Sisters Foundation is not responsible for any content sent using and/or included in the Site any third party. YOUR USE OF THE SITE AND ALL SOFTWARE AND SERVICES, PROVIDED BY THE STIE OR FLOOD SISTERS FOUNDATION’S SERVICE AND THE SITE’S CONTENT PROVIDERS IS AT YOUR OWN RISK. THE FLOOD SISTERS FOUNDATION, IT’S SITE AND ITS SERVICE AND CONTENT PROVIDERS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, AVAILABILITY, TIMELINESS, LACK OR VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SITE FOR ANY PURPOSE. THE FLOOD SISTERS FOUNDATION, ITS SITE AND ALL RELATED SOFTWARE, CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR COLLATERAL. THE FLOOD SISTERS FOUNDATION, ITS SITE AND ITS SERVICE AND CONTENT PROVIDERS AND/OR SUPPLIERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT MEMBERS WILL BE ABLE TO ACCESS THE SITE AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT THE SITE, ITS CONTENT OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE FLOOD SISTERS FOUNDATION, ITS SITE AND ITS SERVICE AND CONTENT PROVIDERS AND/OR SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR COLLATERAL, WITH REGARD TO THE SITE AND ALL RELATED INFORMATION, PRODUCTS, GRAPHICS, SERVICES, AND SOFTWARE, INCLUDING WITHOUT LIMITATION, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL THE FLOOD SISTERS FOUNDATION, ITS SITE OR ITS SERVICE AND CONTENT PROVIDERS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR 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, ITS CONTENT AND SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED, OR OTHERWISE ARISING OUT OF, THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FLOOD SISTERS FOUNDATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE FLOOD SISTERS FOUNDATION'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU DURING THE LAST APPLICABLE BASIC MEMBERSHIP PERIOD TO THE SITE FOR ACCESS TO AND USE OF THE SITE. YOU HEREBY RELEASE THE FLOOD SISTERS FOUNDATION FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. 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 THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. I. FLOODSISTER.ORG LIVE AND MEMBER-TO-MEMBER AREAS ("PUBLIC AREAS"). If you use a Public Area, such as a chat room, bulletin board or community posting or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Flood Sisters Foundation is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. A. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions: a. Using a Public Area for any purpose in violation of local, state, national, or international laws; b. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; c. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Flood Sisters Foundation in its sole discretion; d. Posting advertisements or solicitations of business such as a reporter seeking a story from patients and donors; e. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); f. Posting chain letters or pyramid schemes; g. Impersonating another person; someone signing up as a patient or donor that is not a patient or donor; h. Distributing viruses or other harmful computer code; i. Harvesting or otherwise collecting information about others, including email addresses, without their consent; j. Allowing any other person or entity to use your identification for posting or viewing comments; k. Posting the same note more than once or "spamming"; l. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Flood Sisters Foundation, exposes Flood Sisters Foundation or any of its customers or suppliers to any liability or detriment of any type; m. Soliciting donors to have a transplant outside of the United States, unless agreed in writing with Flood Sisters Foundation prior to the solicitation. B. Flood Sisters Foundation reserves the right (but is not obligated) to do any or all of the following: a. Record the dialogue in public chat rooms; b. Investigate an allegation that (a) communication(s) do(es) not conform to the terms of this Section and determine in its sole discretion to remove or request the removal of the communication(s); c. Remove any communication that is abusive, illegal, or disruptive, or that otherwise fails to conform to these Terms and Conditions; d. Terminate a user's access to any or all Public Areas and/or the Site upon any breach of these Terms and Conditions; e. Monitor, edit, or disclose any communication in the Public Areas; Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate(s) these standards; and/or Assess a penalty of $5,000 per day for each day of the infraction(s). Flood Sisters Foundation reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Flood Sisters Foundation has no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities. ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES. The Flood Sisters Foundation may provide links to third-party web sites. The Flood Sisters Foundation also may select certain sites as priority responses to search terms you enter and may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Flood Sisters Foundation does not recommend and does not endorse the content on any third-party websites and is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Flood Sisters Foundation does not endorse any product advertised on the Site. Questions or comments regarding the Site, including any reports of non-functioning links, should be directed by electronic mail to techsupport@floodsisters.org or via U.S. mail to The Flood Sisters Foundation of America at 100 Park Avenue, 16th Floor, New York, NY 10017. We try to answer every email in a timely manner but are not always able to do so; we thank you in advance for your patience. K. GENERAL. Flood Sisters Foundation is based in New York, New York, in the United States of America. To the maximum extent permitted by applicable law, claims for enforcement, breach or violation of duties or rights under this Agreement shall be adjudicated under the laws of New York. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the non-exclusive jurisdiction and venue of the New York courts in all disputes arising out of or relating to the use of floodsisters.org. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Flood Sisters Foundation as a result of this agreement or use of floodsisters.org. The Flood Sisters Foundation generally makes no claims that the Content on floodsisters.org is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability (Section E), User Submissions (Section F), Indemnification (Section L), Jurisdiction (Section M), and Complete Agreement (Section N). Flood Sisters Foundation may disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Flood Sisters Foundation or the Site; (b) protect and defend the rights or property of Flood Sisters Foundation; or (c) act under exigent circumstances to protect the personal safety of users of Flood Sisters Foundation products, its websites, or the public.  The Flood Sisters Foundation's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Flood Sisters 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 the Site with respect to such use. You agree that neither Flood Sisters Foundation's records nor your consents will be denied legal effect solely because they may be generated or stored in electronic form. The Flood Sisters Foundation may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct or operations in order to obtain the applicable services or items. Except as otherwise expressly set forth herein, notices given by you to Flood Sisters Foundation must be given by postal mail, addressed to The Flood Sisters Foundation of America, Customer Service, 100 Park Avenue, 16th Floor, New York, NY 10017. L. INDEMNIFICATION You agree to defend, indemnify and hold the Flood Sisters Foundation, its parents, subsidiaries, and affiliates, harmless from and against any claim, action, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on floodsisters.org.  You further agree to defend, indemnify, and hold the Flood Sisters Foundation, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions, damage or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions. M. JURISDICTION. You expressly agree that exclusive jurisdiction for any dispute with Flood Sisters Foundation, or in any way relating to your use of the Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving Flood Sisters Foundation or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. N. COMPLETE AGREEMENT. Except as expressly provided in a particular "legal notice" on the Site, these Terms and Conditions and the Flood Sisters Foundation Privacy Policy and Agreement constitute the entire agreement between you and Flood Sisters Foundation with respect to the use of the Site, and Content and supercedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Flood Sisters Foundation. Our Privacy Policy and Agreement | » Top Your privacy is important to us. We understand that health is a very personal, private subject, and we want you to feel as comfortable as possible visiting our Site and using its services. Perhaps you are visiting floodsisters.org to learn about organ donation for yourself, perhaps on behalf of someone else. This Privacy Policy and Agreement ("Privacy Policy") will tell you what information we collect about you and about your use of our Site. It will explain how we protect that information and what choices you have about how it is used. We urge you to read this Privacy Policy carefully so that you will understand clearly both our commitment to you and your privacy, and how we may collect and use information. By using the Site, you agree to the terms of this Privacy Policy. Flood Sisters Foundation will inform you of the following in this privacy policy: What personally identifiable information of yours is collected; What organization is collecting the information; How the information is used; With whom the information may be shared; What choices are available regarding collection, use and distribution of the information; What kind of security procedures are in place to protect the loss, misuse or alteration of information under our control; and, How you can correct any inaccuracies in the information. Flood Sisters Foundation also complies with the standards set by Health on the Net (“HON”). Please remember that any information (including personal and medical information) that you reveal in a Flood Sisters Foundation publicly viewable area (such as a bulletin board, public profile, posting, chat room/event, membership profile, group profile) is not protected by this Privacy Policy. Such postings will be seen by third parties not related to Flood Sisters Foundation. What you've written could be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. Also, if you access a third party site from a link on floodsisters.org, any information you reveal on that site is not subject to this Privacy Policy. You should consult the privacy policies of each site you visit. The following are the provisions of our Privacy Policy that describe the information we collect from or about you; ways we disclose, use and protect that information; choices you have, and how you can update your information or contact us with questions. We hope that reading our Privacy Policy gives you a clear idea of how we manage information about you. SECTION 1 INFORMATION COLLECTED ABOUT YOU. A. Information Collected by Flood Sisters Foundation or on its Behalf. 1. In General. Personally Identifiable Information (“Personal Info”) is information that can be used to identify or contact you. When you visit our Site, Flood Sisters Foundation collects only the Personal Info you provide to us. We collect the Personal Info that you provide to us in two general and distinct ways: (a) when you register as a Member and/or when you update your Member Profile and (2) when you choose to use various floodsisters.com Interactive Tools and Services or participate in surveys or send emails to Flood Sisters Foundation. We also collect non-personal information from you and about your use of our Site, emails, special promotions and newsletters that we send to you, and websites of selected sponsors and advertisers. For example, Flood Sisters Foundation may use "cookies" or "web beacons" to collect non-personal information about your use of our Site, selected sponsors' sites, or emails we send to you. Flood Sisters Foundation does not store any Personal Info in any cookies on your computer. Flood Sisters Foundation does not use web beacons to collect any Personal Info from or about you or to track your activities across websites generally. All of these are described in more detail below. 2. Registration and Member Profile. You may use many of our Site’s features without registering or submitting any Personal Info. In that case, the only information we collect will be non-personal information collected through the use of cookies or web beacons (see details below). However, in order to have access to certain services and content available on our Site (e.g., registering as a person in need of an organ), you are required to complete a registration form. We use the Personal Info that you provide through registration to respond to questions from you and/or inform you of significant changes to this Privacy Policy. We may also use this information to send you emails with special promotions or newsletters with content that we think may be of interest to you. You can always opt-out of receiving such emails or unsubscribe to newsletters at any time - see Article 6 below for more detail about opting-out of receiving emails and newsletters. 3. Interactive Tools. We also collect other information, some of which may be Personal Info that you voluntarily provide to us when you choose to use some of the Site’s Interactive Tools and Services. We also collect information you provide voluntarily through responses to surveys, questionnaires and the like. Some of the free Interactive Tools on our Site ask you for Personal Info. 4. Cookies. We also collect anonymous, non-personal information about your use of our Site or your use of emails, special promotions or newsletters that we send to you. For example, we collect non-personal information about your use of our Site and your use of the sites of selected sponsors and advertisers through the use of "Cookies". Cookies are small computer files that we transfer to your computer's hard drive that allow us to know how often someone visits a site and the activities they conduct while on that site (such as the chatrooms you visited, whether you submitted orders for products, etc.). Every computer is assigned a different Cookie by Flood Sisters Foundation. The information collected by Cookies helps us dynamically generate advertising and content on web pages or in emails specifically designed for you and also allows us to statistically monitor how many people are using our Site and selected sponsors' and advertisers' sites, or opening our emails, and for what purposes. We may use Cookie information to target certain advertisements to your browser or to determine the popularity of certain content or advertisements. Your browser software can be set to reject all Cookies. Most browsers offer instructions on how to reset the browser to reject Cookies in the "Help" section of the toolbar. If you reject our Cookie, certain of the functions and conveniences of our Site may not work properly but you do not have to accept our cookie in order to productively use our Site. While it may be possible to link non-personal Cookie information to Personal Info collected in other ways, we want you to know that if you accept our Cookie we will not, without your prior consent, link the Cookie information we collect to Personal Info you provide to us on our Site. 5. Web Beacons. In limited circumstances we also may use "Web Beacons" to collect anonymous, non-personal information about your use of our Site and the sites of selected sponsors and advertisers, and your use of emails, special promotions or newsletters we send to you. Web Beacons are tiny graphic image files imbedded in a web page or email that provide a presence on the web page or email and send back to its home server information from the users' browser. The information collected by Web Beacons allows us to statistically monitor how many people are using our Site and selected sponsors' and advertisers' sites, or opening our emails, and for what purposes. Flood Sisters Foundation Web Beacons are not used to track your activity across websites generally. While it may be possible to link non-personal Web Beacon information to Personal Info collected in other ways, we want you to know that we will not, without your prior consent, link the Web Beacon information we collect to Personal Info you provide to us on our Site. 6. E-mails and Newsletters. As noted in the discussions of Cookies and Web Beacons (see above), we collect anonymous, non-personal information about your use of e-mails and newsletters that we send to you. In some cases, when you click on a link or an advertisement in an e-mail or newsletter, your browser may be momentarily directed to the site of a third party which, acting on Flood Sister Foundation's behalf (see Disclosure to Website Service and Content Contractors, below), notes or "counts" your response to the e-mail or newsletter before re-directing your browser to its proper destination; this re-direction process will not be apparent to you. When you use floodsisters.org’s "Email a Friend" application, Flood Sisters Foundation emails the article or other content you designate to your friend's email address and lists your email address as the sender. Flood Sisters Foundation uses the friend's email address only for the purpose of sending your friend the email you requested and for no other purpose unless otherwise disclosed to you at the time you send the email. B. Information Collected by Third Parties Not Acting on Flood Sisters Foundation's Behalf. Sponsors, partners or advertisers on the Site or in emails, special promotions or newsletters we send you may also use their own cookies or web beacons when you click on their advertisement or link to their site or service, or even if the advertisement simply appears on a page or in an e-mail that you are viewing. Some advertisers use companies other than Flood Sisters Foundation to serve their ads and to monitor users' responses to ads, and these companies ("Ad Servers") may also collect non-personal information through the use of cookies or web beacons on our Site. In certain situations, information collection may be facilitated by momentarily directing your browser to the site of an Ad Server or other third party acting on behalf of the sponsor, partner, or advertiser before re-directing your browser to its proper destination (e.g., back to floodsisters.org to show the ad, or to the advertiser's website). This re-direction process will not be apparent to you. We do not control these third parties' use of cookies or web beacons, or how they manage the non-personal information they gather through them. However, we do require sponsors, advertisers and Ad Servers who collect cookie or web beacon information through our Site to agree that they will not collect any Personal Info from our Site without your consent. They have promised us they will not link any non-personal cookie or web beacon information collected by them on our Site to Personal Info they or others collect in other ways or from other sites. In addition, Flood Sisters Foundation's Advertising Policy is posted on our Site and will provide additional detail about our relationship with advertisers and the companies that serve ads. You should review the privacy policy of other sites you visit or link to from our site to understand how these other sites use cookies and how they use the information they collect through the use of cookies or web beacons on their own sites. Certain Ad Servers allow you to prevent them from collecting data through the use of cookies. In order to do so, you must opt-out of such data collection with each individual site. Currently, you can opt-out of cookies for several Ad Servers by visiting the Network Advertising Initiative gateway opt-out site. This site will also allow you to review the Ad Server's privacy policies. C. Children. NO ONE UNDER THE AGE OF 18 MAY USE FLOODSISTERS.ORG OR ANY OF ITS SECTIONS FOR ANY REASON, OR IN ANY MANNER, INCLUDING BUT NO LIMITED TO POSTING PERSONAL INFO. Children's Online Privacy Protection Act The Children's Online Privacy Protection Act (“COPPA”) was passed by the U.S. Congress in November 1998. COPPA requires that operators of online services or websites obtain parental consent prior to the collection, use, disclosure, or display of the personal information of children. The Federal Trade Commission established rules for the COPPA’s implementation, which went into effect April 21, 2000. COPPA provides parents with specific rights regarding their children's privacy. For additional information and resources on COPPA visit one or all of the links below. General Info: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html For Adults: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/adults.htm For Kids: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/kidz.htm We do not allow anyone under 18 years old to input their own information. We believe that children should get their parents' or guardian’s consent before giving out personal information. If personal information is to be input for someone under the age of 18, it must be put in by their mother, father or guardian. If you are concerned about your child's use of floodsisters.org, we encourage you to use web filtering technology to supervise your child's access to the Site. We also encourage you to actively participate in your child's experience with Flood Sisters Foundation. D. Public Forums. This Privacy Policy does not protect you when you use floodsisters.org public forums. As a service to our users, the Site features chat rooms and bulletin boards where users with similar medical conditions can share information and support one another or where users can post questions for people to answer. In addition, we may offer online discussions on a variety of topics moderated by medical experts. You should be aware that any information shared in a chat room, bulletin board, other posting or online discussion is public information and may be seen, disclosed to or collected by third parties that do not adhere to our Privacy Policy. You should think carefully before disclosing any personal information in any public forum. E. Emails to Flood Sisters Foundation. This Privacy Policy does not protect you when you send business information, ideas, concepts or inventions to Flood Sisters Foundation by email to the various Flood Sisters Foundation departments listed on the "Contact Us" link on our Site. If you want to keep business information, ideas, concepts or inventions private or proprietary, do not send them in an email to Flood Sisters Foundation. We try to answer every email in a timely manner, but are not always able to do so; we thank you in advance for your patience. ARTICLE 2. DISCLOSURE OF YOUR INFORMATION. Except as set forth in this Article 2, or as specifically agreed to by you, Flood Sisters Foundation will not disclose any Personal Info it gathers from you on our Site if you choose the private option. However, we may release Personal Info to third parties: (a) to comply with valid legal requirements such as a law, requests by legal authorities, regulation, search warrant, subpoena or court order or (b) in special cases, such as a physical threat to you or others. A. Disclosure to Flood Sisters Foundation Subsidiaries. Flood Sisters Foundation may disclose Personal Info to its corporate subsidiaries. Any Personal Info provided to subsidiaries of Flood Sisters Foundation will be treated by those subsidiaries in accordance with the terms of this Privacy Policy. B. Disclosure to Flood Sisters Foundation Operations and Maintenance Contractors. Flood Sisters Foundation operations and maintenance contractors sometimes have limited access to your Personal Info in the course of providing products or services to Flood Sisters Foundation. These contractors include vendors and suppliers that provide us with technology, services, and/or content related to better operation and maintenance of our Site. Unless you have opted out of receiving emails and newsletters from Flood Sisters Foundation, these contractors also may have access to your email address to send newsletters or special promotions to you on our behalf or to send emails to you for purposes such as conducting market research on our behalf. Access to your Personal Info by these contractors is limited to the information reasonably necessary in order for the contractor to perform its limited function for Flood Sisters Foundation. We also contractually require that our operations and maintenance contractors: (a) protect the privacy of your Personal Info consistent with this Privacy Policy and (b) not use or disclose your Personal Info for any purpose other than providing us with products and services. C. Disclosure to Website Service and Content Contractors. Certain content and services offered to you through our Site are served on websites hosted and operated by a company other than Flood Sisters Foundation ("Third Party Contractor Websites"). Flood Sisters Foundation may disclose your Personal Info to these Third Party Contractor Websites without your consent, and you should be aware that any information you disclose once you access these other sites is not subject to this Privacy Policy. Flood Sisters Foundation does not endorse and is not responsible for the privacy practices of these Third Party Contractor Websites. You should review the privacy policy posted on the other site to understand how that Third Party Contractor Website collects and uses your Personal Info. Flood Sisters Foundation makes an effort to make it obvious to you when you leave our Site and enter a Third Party Contractor website, either by requiring you to click on a link or by notifying you on the site. In addition, if you see a phrase such as "powered by" or "in association with" followed by the name of a company other than Flood Sisters Foundation, then you are on a website hosted by a company other than Flood Sisters Foundation. D. Disclosure to or by Co-Branded Channel Partners. Flood Sisters Foundation is a contractor and may provide co-branded content and services to websites hosted and operated by companies other than Flood Sisters Foundation ("Channel Partner Websites"). You can only access these co-branded content and services through the Channel Partner Website, and usually from the health section of these other websites. The co-branded Flood Sisters Foundation pages that you may access through a Channel Partner Website have different registration processes and opportunities for information collection, and Personal Info that you provide on these pages may be shared with the Channel Partners. Each of these co-branded sites has its own privacy policy posted on that site, which explains what information is disclosed by Flood Sisters Foundation to the Channel Partner and vice versa. If you visit one of these co-branded sites, please read the privacy policy that is posted on that site, as well as the individual privacy policy of the Channel Partner Website. E. Disclosure to Linked Sites. In addition to the Third Party Contractor Websites that you may access as described above, for your convenience there are links to websites operated by companies other than Flood Sisters Foundation ("Third Party Websites") that are not contractors who provide content or services through our Site. These links may be found in advertisements, referenced within content, or placed beside the names or logos of sponsors. Flood Sisters Foundation does not disclose your Personal Info to these Third Party Websites without obtaining your consent. Flood Sisters Foundation does not endorse and is not responsible for the privacy practices of these sites. If you choose to link to one of these Third Party Websites, you should review the privacy policy posted on this other site to understand how that Third Party Website collects and uses your Personal Info. F. Disclosure of Aggregate Information. Flood Sisters Foundation may provide to third parties non-personal information about you that does not allow you to be identified or contacted and that is combined with the non-personal information of other users ("Aggregate Information"). Depending on the circumstances, we may or may not charge third parties for this Aggregate Information. We also may not limit the third parties' use of the Aggregate Information, except that we do require third parties to whom we disclose Aggregate Information to agree that they will not attempt to make this information personally identifiable by combining it with other databases or otherwise. G. Member Profile. All information that is received, used, or disclosed in connection with your Member Profile is encrypted. Flood Sisters Foundation collects the Personal Info you voluntarily store in your Member Profile. Flood Sisters Foundation does not use the Personal Info stored in your Member Profile for any purpose except to provide members with a readily accessible, easy-to-update means of collecting and storing your profile. The only entities that will have access to your Member Profile’s Personal Info are Flood Sisters Foundation itself, people you allow, and any third parties hired by Flood Sisters Foundation to assist us in operating, maintaining, and improving the Site. These third parties are required by us to hold your information in the strictest of confidence and may not use or disclose it except to fulfill the service we hired them to perform. Flood Sisters Foundation will not share any of the Personal Info that is stored in your Member Profile with any other third parties without your express permission. ARTICLE 3. HOW FLOOD SISTERS FOUNDATION HANDLES PRIVACY AND SECURITY INTERNALLY. Flood Sisters Foundation wants your Personal Info to remain as secure as possible. That is why we have a two-tier security system at Flood Sisters Foundation that combines leading technical safeguards and a code of conduct for those employees who are permitted to access our customers' Personal Info. On the technical side, Flood Sisters Foundation uses Secure Socket Layer (SSL) encryption technology in transmitting your Personal Info to our servers to help ensure the integrity and privacy of the Personal Info you provide to us via the Internet. Encryption involves systematically scrambling numbers and letters, so that even if someone managed to intercept the information, they would not be able to make sense of it. In order to take advantage of this encryption technology, you need to have an Internet browser that will support 128-bit encryption, such as Netscape or Microsoft Explorer. On the employee side, only a limited number of Flood Sisters Foundation employees are authorized to access your Personal Info. All Flood Sisters Foundation employees must abide by our Privacy Policy and those who violate our Privacy Policy are subject to disciplinary action, up to and including termination. Although we will make every reasonable effort to protect your Personal Info from loss, misuse, or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that thieves could find a way to thwart our security systems. ARTICLE 4. YOUR PRIVACY CHOICES. From time to time and at different locations on the Site, you will be given the option of receiving recurring informational/promotional newsletters via email from Flood Sisters Foundation and/or directly from third parties. If you wish to subscribe to such newsletters via email, we ask for contact information, such as name and email address. You can unsubscribe from the newsletters by simply clicking on the "unsubscribe" link at the bottom of any email newsletter. An email to our automated unsubscribe service will be created on your machine. Click the "send" button. You will then be unsubscribed from that newsletter within two to three business days. If you are experiencing difficulties with our automated unsubscribe service, you can email us at unsubscribe@floodsister.org. Flood Sisters Foundation Customer Service will unsubscribe you from that newsletter in two to three business days. At registration and at various times as you use the Site, you may have the option of receiving emails or newsletters directly from third parties, participating in research or marketing surveys and participating in other activities. You may exercise these options by placing a check mark beside a statement that expresses a preference for receiving these communications or participating in these activities. You may change your decision at any time by changing your preferences within your Member Profile or by following other directions provided in association with the individual communication or activity. This privacy statement applies only to the Site and the Site does contain links to other sites. Once you enter another website (whether through an advertisement, service, or content link), be aware that Flood Sisters Foundation is not responsible for the privacy practices of such other sites. We encourage you to look for and review the privacy statements of each and every website that you visit through a link or advertisement on the Site or any site that collects personal information from you. ARTICLE 5. UPDATING YOUR PERSONAL INFO AND CONTACTING FLOOD SISTERS FOUNDATION. You can always contact us in order to: (a) delete your Personal Info from our systems, (b) update the Personal Info that you have provided to us and/or (c) change your preferences with respect to marketing contacts or other activities. Please contact us by emailing info@floodsisters.org. Such changes will not have any effect on other information that Flood Sisters Foundation maintains. If you have a complaint or problem you may email us at info@floodsisters.org and the customer service department will forward your complaint to the appropriate internal Flood Sisters Foundation department for a response or resolution. We try to answer every email in a timely manner but are not always able to do so; we thank you in advance for your patience. If you do not receive adequate resolution of a privacy related problem, you may write to Flood Sister Foundation’s Privacy Help Desk at: The Flood Sisters Foundation of America Privacy Division 100 Park Avenue 16th Floor New York, NY 10017 or call 646.287.2900 You should be aware that it is not technologically possible to remove each and every record of the information you have provided to Flood Sisters Foundation from our servers. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personal Info may exist in a non-erasable form that will be difficult or impossible for us to locate. Nevertheless, we promise that upon receiving your request, all Personal Info stored in the databases we actively use for research and daily business activities, and other readily searchable media, will be deleted. Privacy as it applies to the Internet is a dynamic, rapidly developing area. In the future, we may make significant changes to our Privacy Policy affecting the use of the Personal Info we collect. We will notify you by email of any significant changes concerning our use of your Personal Info and obtain your "opt-in" consent to any significant new uses of your Personal Info if it was collected from you prior to a significant change in this policy. We may also make non-significant changes to our Privacy Policy that generally will not affect our use of your Personal Info and we generally will not notify you of these non-significant changes. You should check this posted Privacy Policy for any non-significant changes. If you do not agree to the terms of this Privacy Policy or any revised policy, please exit the Site immediately. Privacy FAQ's | » Top 1. What is a cookie and why does Flood Sisters Foundation put cookies on my computer? Do I have a choice about them if I want to use the Site? A "Cookie" is a small line of text that Flood Sisters Foundation can store on your hard drive when you visit the Site. Cookies help us give you a better experience as you move through the Site. Once you've registered, Cookies can allow you can bypass the log-in process. Cookies can allow you to tailor the Site to your preferences and allow us to display advertisements that may fit your interests while you visit the Site. Note, however, we do not send your personally identifiable information to the advertisers. There are two types of cookies: "Session cookies" are deleted when you close your browser and end a web viewing session. "Permanent cookies" are stored until a date we specify or until you remove them. Cookies tell us how often a computer, or a person using a login ID, visits our Site. They can also record what parts of our Site you visited. The text of a Cookie can contain a unique identifier assigned to your browser. It can also contain information about you or your preferences. We do not store your Personal Info in your permanent Cookies. And Flood Sisters Foundation does not and will not link that data to your permanent Cookie. You don't have to accept Cookies if you don't want to. You just need to change the settings in your browser to reject all Cookies. If you do, you can still visit floodsisters.org, but you'll miss out on certain features. You'll have to log in each time you want to customize your home page and access other sections of the member-only portions of the Site. And certain services (such as the Health Risk Appraisal) will not work. 2. Why do I have to provide my email address to register for Flood Sisters Foundation? I don't want to receive any emails, anyway. We ask for your email address in registration so that we can contact you if necessary. Some examples include: - To contact you about changes in our privacy policy; - To seek your consent for any new uses of your personal information; or - To inform you if we were to receive a subpoena or court order for your personal information. You will also receive newsletters at your email address unless you opt out of receiving them (which you can do at any time). 3. Does Flood Sisters Foundation track and record my movement through the Site? If so, how is this information used? Through the use of Cookies, Flood Sisters Foundation has the ability to track and record your movement through the Site (commonly known as the "click stream"). This information is not linked and will not be linked with your Personal Info. Thus, this information remains anonymous. Flood Sisters Foundation uses this anonymous information to collect general statistics about how people use our Site and to target advertisements to your interests and preferences. 4. Can I use Flood Sisters Foundation without revealing ANY of my personally identifiable information? Yes. You can visit the Site and have access to vast stores of health information without ever having revealed any Personal Info. There will never be a time when we capture Personal Info without your knowledge. However, the nature of some features, such as the Member Profile and Health Risk Appraisal, require that you share some Personal Info. Online Privacy Glossary | » Top Aggregate Information: As a website gathers individual pieces of non-personal Information (see definition below) from its users, it may combine similar data from many or all the users of the Web site into one big "clump." For example, the site may add up the total number of people in Peoria, Illinois, (but not their names) who are seeking information about weight loss and compare that to the number of people in Petaluma, California seeking the same information. This sort of statistical information is called aggregate data because it reflects the habits and characteristics of a large group of anonymous people. Websites may use aggregate data or share it with their business partners so that the information and services they provide best meet the needs of the users. Aggregate data also helps advertisers on the web know how effectively they are reaching their target audience. This is very similar to the way that the Nielsen ratings are used in the radio and television industries. Click Stream or Click Trail Information: A record of all the pages you have visited during your visit to a particular website or the services you accessed from the site or from an email. Click Stream Information is associated with your browser and not with you personally. It records the archives of your browser. Cookie: A small data file that is stored on the hard drive of the computer you use to view a website. Cookies are placed by that site or by a third party with a presence on the site, such as an advertiser using a Web Beacon (see definition below) and are accessible only by the party or site that placed the Cookie (i.e. a cookie placed on your computer by Flood Sisters Foundation isn't accessed by any other site you visit but a Cookie placed on your computer by an advertiser may be accessed by any site on which that same advertiser has a presence). Cookies can contain pieces of Personally Identifiable Information (PII). Flood Sisters Foundation encrypts any PII it stores in its Cookies. These Cookies often are used to make the Site easier to use. For example, if you check a box to ask that we store your user name on your computer so that you don't have to enter it each time you visit the site, it's stored in a Cookie on your computer. You can control whether or not Cookies are placed on your machine by Flood Sisters Foundation or any other site or third party. You can change the settings in your browser software to disable the use of Cookies; see your browser's help file to determine how to do this. Be aware that if you choose to disable Cookies, some of the features on floodsisters.org (e.g. automatic login, joining of health communities, storing your health information, etc.) will not be available to you. Non-Personal Information: Information that is not traceable to any individual and can not be used to identify an individual. Click Stream Information is Non-Personal Information, as is information such as gender, age, city and state when not linked with other Personal Info. Opt-In/Opt-Out: Opting in (or out) means that you're specifying your choice to participate (or not) in a program, feature, tool, or enhancement on a website. The choice is usually presented to you if participation requires the use of personally identifiable information (PII). For example, if you wish to receive a newsletter by email on health topics from Flood Sisters Foundation, you must indicate your choice, typically by checking or un-checking a box next to a statement such as: I'd like to receive a free subscription to Flood Sister Foundation's Newsletter and periodic updates about new floodsisters.org features and services. Depending on the feature in question, the box next to the statement may be already checked or unchecked when it's presented to you. If the box is already checked, you may opt out by clicking on the box to remove the checkmark. If the box is unchecked, you may opt in by clicking on the box to place a checkmark in it, indicating your wish to participate. Personally Identifiable Information (PII) or Personal Information: Information that can be traced back to an individual (contrast with Non-Personal Information and Aggregate Information). Examples of PII include your name, home address, telephone number, email address, and Social Security number. If other pieces of information are linked to PII, they also become PII. For example, if you use a nickname to chat online and give out your real name while chatting, your nickname becomes PII when linked with other PII. Web Beacons (also often referred to as "clear GIFs", "web bugs", "1-by-1 GIFs", "Single-Pixel GIFs", "1 x 1 Pixels", or "clear Pixels"): Tiny graphic image files, imbedded in a web page in GIF, jpeg or HTML format, that provide a presence on the web page and send back to its home server (which can belong to the host site, a network advertiser or some other third party) information from the Users' browser, such as the IP address, the URL of the page on which the beacon is located, the type browser that is accessing the site and the ID number of any Cookies on the Users' computer previously placed by that server. Web Beacons can also be used to place a Cookie on the users' browser. Flood Sisters Foundation® Contact Information | » Top The Flood Sisters Kidney Foundation of America 100 Park Avenue 16th Floor New York, NY 10017 Office: 646.287.2900 Email: info@floodsisters.org The Flood Sisters Foundation of America is an official public charity, 501 (c)(3). © 2008, 2009, 2010 www.floodsisters.org. All rights reserved.

 

 
 
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