Last Updated: July 1, 2020
Welcome to RareKC!
RareKC Foundation (“RareKC” “we”, “our,” or “us”) makes its Services (https://rarekc.org/) and related sub-domains (collectively, the “Services”), third parties, services and products controlled by RareKC, and any other online or offline interaction with RareKC (“Services”) available for your use subject to these Terms of Use (“Terms”). Please read this Agreement carefully. By downloading, accessing, ordering or using any of our Services, clicking on the “I accept” button, or completing the registration process, you represent that you have read, understand, and agree to be bound by these Terms. The term “you” refers to a user of any portion of our Services. If you do not agree to be bound by these Terms, you may not access or use our Services.
IMPORTANT NOTICE: THE INFORMATION WE PROVIDED AS PART OF THE SERVICES IS FOR PERSONAL INFORMATIONAL PURPOSES ONLY, AND DOES NOT CONSTITUTE MEDICAL OR OTHER PROFESSIONAL ADVICE AND MAY NOT BE ACCURATE OR SUITABLE FOR ALL INDIVIDUALS. YOUR USE, DOWNLOAD, AND/OR RECEIVING OF ANY OF OUR SERVICES IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 13 OF THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, UNLESS PROHIBITED BY LAW OR YOU EXPRESSLY OPT OUT OF ARBITRATION AS DESCRIBED IN THAT SECTION.
By using or otherwise accessing our Services, you hereby represent and warrant to us that you: (i) are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under these Terms, including, if you are below the age of 18, but between 13 and 18 years of age, you have consent of a parent or guardian to access and use the Services; (ii) all information provided by you is truthful, accurate and complete; and (iii) you will comply with the terms and conditions of these Terms and any other agreement to which you are subject to that is related to your use of the Services or any part thereof. You may not use our Services if you are prohibited, either by the laws of the United States of America or any other country, from accessing the Services or receiving any Services via our Services.
Our Services may contain text, software, images, photographs, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, product names, and other information (“Content”) which are derived in whole or in part from information and materials supplied by us and other sources, and are protected by copyright, trademark, patent, and other applicable laws. Our Content does not include your data. Our Services and its Content (excluding your data) is copyrighted as a collective work under United States copyright laws, and are protected by other laws. Trademarks, logos, and service marks displayed on our Services are registered and/or unregistered trademarks of RareKC, its licensors or content providers, or other third parties. You acknowledge that RareKC is the exclusive owner of the Services. Any unauthorized use of our intellectual property, including our marks, our copyrighted material, and our trade dress, is strictly prohibited and may be prosecuted to the fullest extent of the law. On the condition that you comply with all your obligations under these Terms, we hereby grant you a limited, non-exclusive, revocable, non-assignable, non-transferable authorization to view and use our Services and any Content hereon for your personal information and non-commercial use. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of RareKC or any third party, except as expressly provided in the Terms. You agree not to remove, obscure, or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of Content. All rights not otherwise expressly granted by the Terms are reserved by us.
The RareKC Foundation Privacy Policy describes how we collect and use personal information about you through the Services, and is incorporated in these Terms by this reference. RareKC and its third party service providers may use your personal information to provide services to you and on an aggregated or anonymized basis for other purposes, including to improve our Services and Content during or after the term.
While there is no such thing as “perfect security,” we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. We reserve the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.
Content, information, data and other materials posted or provided by users via our Services (collectively, “User Materials”) are the intellectual property of the specific users of our Services who post such User Materials. By your submission, posting or delivering of User Materials to us, you hereby grant to us a transferable, non-exclusive, worldwide, perpetual, royalty-free license to access, use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works and compilations incorporating your User Materials. We will use commercially reasonable efforts to comply with our privacy related obligations under our Privacy Policy with respect to such User Materials, and you represent and warrant that you have the right to make that User Materials available to us.
You agree that submission of any ideas, suggestions, documents, and/or proposals to RareKC through its suggestion, feedback, contact us, or other similar pages on our Services, or our Facebook or other social media pages (“Feedback”) is at your own risk and that RareKC has no obligation (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to RareKC a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation, maintenance and improvement of our Services.
As an accommodation to you and our other visitors, our Services may contain links to third party Services, advertisers, Services, special offers or other events or activities (collectively, “Third-Party Services”) that are not owned or controlled by RareKC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Services, nor do we endorse such Services. RareKC does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements of third parties displayed on or transmitted via Third-Party Services. If you access a Third-Party Services in the course of using the Services, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such Third-Party Services. You expressly relieve the RareKC Parties from any and all liability arising from your use of any Third-Party Services or third party-owned content. RareKC does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements of third parties displayed on or transmitted via our Services (“Third-Party Content”). Any Third-Party Content placed on the Services is the view and responsibility of those who post those comments, opinions, or statements, and does not necessarily represent the views of RareKC.
We may, from time to time and at our sole discretion, discontinue or alter all parts or any aspect of the Services, remove Content, or restrict the time the Services available. You acknowledge and agree that we may, under certain circumstances, immediately suspend and/or terminate your access to the Services or any part thereof, including, without limitation, for the following reasons: (a) your or another user’s breach or violation of these Terms or other agreements or guidelines referenced in these Terms; (b) our discontinuance or modification to the Services; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you or another user in fraudulent or illegal activities. You further agree that any such actions may be taken without notice to you, in our sole discretion, and without liability to you or any third party.
At any time and for any or no reason, RareKC may add or remove features, products, services, or functionalities to our Services. We may also suspend or stop providing the Services altogether. We may also terminate or suspend your access to all or part of our Services, without notice, for any conduct that we, in our sole discretion, believe is disruptive to our Services (or other users) or is in violation of any applicable law or these Terms. We may not provide you with any notice beforehand when we take any of these actions. RareKC shall in no way be held liable for any consequence which results from any decision to modify or discontinue providing the Services.
RareKC may prohibit you from using or accessing the Services by placing a temporary hold or freeze on your account if we suspect you are violating the terms of this Agreement. If no violation is found, we will remove the hold, and you may continue using the Services.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND RAREKC TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of Missouri will govern these Terms, without giving effect to any principles of conflicts of laws. To the extent the parties are permitted under these Terms to initiate litigation in a court, you agree that any action arising out of these Terms or your use of the Services shall be brought in state or federal court in Kansas City, Missouri, and you consent to the jurisdiction of such courts.
For any dispute you have with any RareKC Party, you agree to first contact RareKC and attempt to resolve the dispute with RareKC informally. Unless resolved by mutual efforts of you and us, any disputes or claims that may arise out of or in connection with these Terms and for which either party shall seek equitable relief, all differences, disputes or claims arising in connection with these Terms or any transaction or occurrence contemplated hereby shall be finally settled under the Commercial Rules of the American Arbitration Association in Kansas City, Missouri, by one or more arbitrators appointed in accordance with such rules, except that no punitive damages may be awarded. It is understood that the decision in such arbitration shall be binding on both parties, that the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees and that a judgment upon any award rendered may be entered in any court having jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from a court for matters related to data security, intellectual property or unauthorized access to or use of the Services. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY IN ARBITRATION, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS RAREKC FOUNDATION AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND RAREKC FOUNDATION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
We reserve the right to modify these Terms at any time, effective upon posting. You can tell when changes have been made to these Terms by referring to the “Last Updated” legend on top of this page. We will provide you with advance notice of a major change. For example, we may: (i) require that you reaccept the updated version of these Terms; (ii) send you an electronic notification advising of the update to these Terms; or (iii) include a notice on the Services. We do not ordinarily provide advance notice of a minor change.
We encourage you to check these Terms every time you visit the Services. Your continued use of our Services and/or utilization of any Services benefits after these Terms have been updated (and after advance notice for a major change) indicates your agreement and acceptance of the updated version of these Terms.
