terms of use
Website Terms of Use and Policies
Welcome, and thank you for visiting the Heather Perkins Trew Foundation website. The Heather Perkins Trew Foundation ("HPTF") is happy to provide this website along with the services and information available in it as part of our mission to educate the public regarding the need for organ donations and the ease with which organ donations can be made in the hopes of increasing organ donor awareness and organ donations.
​
​
This Website is comprised of various documents and web pages created and maintained by HPTF. In several provisions, we may specifically mention, for emphasis purposes, the information, content, or services provided on this Website when we talk about this Website; however, references to the term "Website" always include, regardless of whether specifically mentioned, any and all information, content and services available via this Website. This Website is subject to the following website terms of use and policies ("Terms of Use").
The terms "HPTF", "Foundation", "we", and "our" are used in this site for purposes of convenience and are intended to refer to the Heather Perkins Trew Foundation and/or its affiliates, subsidiaries or related parties either individually or collectively, as the context may require.
​
Acceptance of Terms of Use
Please read these Terms of Use carefully. From time to time and at its sole discretion, HPTF reserves the right to change these Terms of Use for any reason, with or without notice to you. However, if the Terms of Use change, we will always post the revised Terms of Use on this Website, which means that the then-current Terms of Use posted on this Website will always be the governing Terms of Use. We encourage you to review the Terms of Use regularly for any changes. Your continued use of this Website will mean acceptance of any changes we make to the Terms of Use. You may view a printable version of these Terms of Use here.
These Terms of Use also apply to the following websites: www.HeatherTrewFoundation.com which are sometimes referred to collectively in these Terms of Use as the "Sites". The use of the terms "Website" and "Sites" include the respective website's domain and any of its sub-domains, and any content, sites, services, information, or webpages hosted by or made available on the domain or any of its sub-domains.
This Website, the other Sites are all offered to you free of charge on the express condition that you accept, without modification, and abide by these Terms of Use. If you do not agree to the Terms of Use, please do not use this Website or any other Site and exit from this Website immediately. By using this Website (including the use of any of the information, content or services available via this Website), you agree that you have read, understood and agree unconditionally to be bound by these Terms of Use.
Each of the policies and other special terms and conditions referenced in these Terms of Use are hereby incorporated herein as if fully rewritten in these Terms of Use. These Terms of Use constitute the entire understanding and agreement between you and HPTF with respect to this Website, the other Sites, and our provision and your use of same
.
Communication and Privacy
HPTF is the sole owner of this website. If you have any questions about our website terms of use and policies, you may email us or write to:
By email: HeatherFoundation@roadrunner.com
By conventional mail: The Heather Perkins Trew Foundation
Attn: Website Legal Policy
P.O. Box 5531
Hilton Head Island, SC 29938
By telephone: 843-422-5741
We know that many visitors to this Website are concerned about the information they may provide and how we may use that information. HPTF is sensitive to those privacy concerns, and protecting your privacy is an important priority to us. Our Privacy Policy governs the collection, use, retention and disclosure of information we gather from this Website, and you can view our Privacy Policy here.
Accuracy of Information
Although HPTF makes reasonable efforts to ensure that the information provided through this Website is current and accurate, HPTF makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information, and HPTF makes no commitment and disclaims any duty to update such information. For further explanation regarding the information provided through this Website, please review our Disclaimer on Information and Advice. In addition, HPTF permits third parties to provide testimonials and information. HPTF also may, from time to time, post articles and other information provided by third parties that we believe might be of benefit or interest to our users. You acknowledge that the opinions and recommendations of third parties contained in this Website are not necessarily those of the HPTF or endorsed by HPTF. All information is provided "as is" without any representation, warranty or condition as to its accuracy or reliability
Intellectual Property
This Website (including without limitation, the information, content, or services provided on this Website, and the design and layout of this Website) is protected by copyright, trademark and other proprietary and intellectual property rights of HPTF or third parties. Except as expressly permitted herein, no portion of this Website, including trademarks, logos and service marks, may be reproduced, displayed, downloaded (including without limitation, any pictures or images), or used in any form, or by any means, without the prior written permission from HPTF.
HPTF names, logos and all related product and service names, design marks and slogans (including TheHeatherTrewFoundation logo and the Guardian Angel Bracelet) are the trademarks or service marks of HPTF ("HPTF Marks"). While we understand that you may not intend to cause any harm by using our protected HPTF Marks, your use of any of the HPTF Marks may suggest a relationship or sponsorship of your organization that simply does not exist with HPTF. Moreover, as trademark and service mark owners, we are obligated under federal and common law to police the use of our marks and must monitor such for unauthorized use; otherwise, we risk the abandonment of our marks as well as the inability to enforce our rights against other third parties. Accordingly, you may not use or reproduce any of the HPTF Marks without out express, prior written consent.
HPTF hereby grants to you a non-exclusive and non-transferable license to view and print information, documents and web pages located on this Website for non-commercial or educational use within your organization only, subject to the terms and conditions set forth in our Copyright Policy and the following conditions:
a. The material may only be used for non-commercial purposes;
b. The copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original material;
c. The products, technology or processes described on this Website may be the subject of other intellectual property rights reserved by HPTF or by other third parties. No license is granted in respect of those intellectual property rights; and
d. Notwithstanding anything to the contrary in these Terms of Use or this Copyright Policy, all photos, images, and personal testimonies on this site are not subject to the license granted herein and may not be copied, reproduced or appropriated in any manner without express, written permission of HPTF.
Except as set forth above or otherwise expressly permitted in our Copyright Policy (i) the documents, information, content, pictures, images, HTML code, and web pages on this Website may not be copied, reproduced, republished, retransmitted, sold, modified, used, or exploited in any other way, and (ii) nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right including, without limitation, any patent, trademark, service mark or copyright of HPTF or of any third party.
You agree that any person to whom the content is provided directly or indirectly through you, will be advised of the terms of this Agreement, and that each such person is bound by these terms. You may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the contents of this Website.
Use of this Website
You may use this Website for lawful purposes only and only in accordance with these Terms of Use. You are prohibited from using on this Website, from transmitting to or through this Website, or linking to or from this Website (i) any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic, hateful or ethnically, racially or otherwise objectionable or harmful material, (ii) any material that would contribute to a civil or criminal offense, otherwise violates any law, or which infringes on any intellectual property right, (iii) any content referencing, facilitating, promoting or using the following: gambling, gaming, lottery, raffles, drawings, or prize promotions of any kind, including one of chance or skill that awards or provides a prize of value to a winner; or (iv) content that is used in a manner that is contrary to HPTF's public image, goodwill, reputation or mission, or in a manner that is otherwise inappropriate, derogatory or offensive (collectively, "Objectionable Material"), in each case, as determined by HPTF in its sole and absolute discretion. HPTF reserves the right to delete, destroy or otherwise remove (or to require you to delete, destroy or otherwise remove) any Objectionable Material.
Any information submitted or communicated to HPTF through use of this Website that does not include personal information or data about you is non-confidential and non-proprietary, and HPTF may, without compensation to you, incorporate, distribute or otherwise use such information for any commercial or non-commercial purpose. HPTF is under no obligation to use or post any such information and may remove any information it does post at any time in its sole discretion, with or without notice to you. With the exception of any information posted on a Personal Homepage or used in connection with a Video (which is governed by the Service Terms and Conditions), any personal information or data submitted to HPTF through use this Website is governed by the terms of the Privacy Policy.
You hereby agree that you will hold indemnify, defend, and hold harmless HPTF and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Website, including any information or material viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, or defamatory.
Merchandise
All merchandise purchased from HPTF on this Website is subject to HPTF's standard Sales Terms and Conditions, which contain certain warranty and liability limitations. All returns and exchanges of merchandise purchased from HPTF on this Website are subject to HPTF's standard Return and Exchange Policy
.
Disclaimer of Liability
This Website contains general information and may contain errors, omissions and inaccuracies. HPTF assumes no liability or responsibility for any such errors, omissions or inaccuracies or any other limitation that may arise in relation to this Website. This Website (including the content and information found on this Website) should not be relied upon for any personal, commercial or financial matters, and you should consult an appropriate professional for advice based on your specific circumstances. HPTF may make modifications and/or changes to this Website at any time without notice.
THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS BEING USED BY YOU STRICTLY AT YOUR SOLE RISK. HPTF MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT (1) THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THIS WEBSIE OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, (2) ERRORS OR OMISSIONS THAT MAY BE CONTAINED IN THIS WEBSITE OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, (3) OR THAT THIS WEBSITE, THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, OR THE SERVER THAT MAKES EACH OF THESE AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE. HPTF HEREBY EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS IMPLIED BY STATUTE.
IN NO EVENT SHALL HPTF BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THIS WEBSITE AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE.
Some states do not allow certain exclusion of implied warranties, so the above exclusions with respect to implied warranties may not apply to you. Other states do not allow certain limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion of liability may not apply to you.
IN NO EVENT SHALL HPTF'S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH THIS WEBSITE AND ANY AND ALL INFORMATION, CONTENT AND SERVICES AVAILABLE VIA THIS WEBSITE, HOWEVER ARISING, EXCEED A MAXIMUM OF $10.00
.
References and Links to Third Party Sites
This Website may refer to, or provide hyperlinks to the webpage of, other individuals, companies, entities, organizations, products or services. These references and links (collectively, "Links") are supplied to you merely as a convenience and the inclusion of any Link does not and shall not imply any approval, endorsement or recommendation by HPTF of such individuals, companies, entities or organizations, products or services.
Links to this Website are permitted only in accordance with, and are subject to, our Linking Policy. Without limiting the foregoing, links to this Website may nonetheless be provided from other sites either known or unknown to HPTF, and some links to this Website may be unauthorized. Please note that accessing any other website linked to or from this Website is done at your own risk. HPTF has not reviewed and is not responsible for the content of any third party sites linked to or from this Website and does not make any representations regarding the content or accuracy of materials on such third party sites. HPTF is not responsible for the information, materials, or content contained at any website linked to or from this Website.
License
With respect to any pictures, information, writings, or other content provided by you in connection with the services provided on this Website or otherwise uploaded onto any of our Site's servers or provided to HPTF through our Sites ("Your Property"), you hereby grant to HPTF and its affiliates, licensees and assigns, a non-exclusive, perpetual, royalty-free, irrevocable, fully paid-up right and license to use Your Property (including any copyright and moral rights therein) throughout the world for any purpose in connection with the mission of HPTF, as set forth above. These purposes include, without limitation, the right and license to (a) record, film, tape, video-tape, photograph, broadcast (whether by the Internet, wire, satellite, laser, cable, or any other means whatsoever) and otherwise exploit the Your Property; (b) reproduce, print, publish and disseminate, in any medium whatsoever, your name, pictures, voice, likeness, interviews, and identity to the extent included in Your Property (collectively, "Likeness") in connection with our use of Your Property; and (c) identify you as the source of the Likeness.
You acknowledge and agree that you will not receive any compensation whatsoever in connection with the use and exploitation of Your Property as contemplated above, or the exercise by HPTF of the rights granted to HPTF above.
The rights and licenses granted by you with respect to Your Property shall survive the expiration or termination of these Terms of Use for any reason.
Additional Terms
These Terms of Use constitute the entire understanding between the parties pertaining to the subject matter hereof and supersede all previous communications, proposals, representations and agreements, whether oral or written, relating to the subject matter hereof. If any portion of any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, (i) such unenforceable portion of the provision shall be deemed severed from these Terms of Use, (ii) the validity and enforceability of the remaining portion of the provision and the other provisions of these Terms of Use shall not be affected or impaired, and (iii) these Terms of Use shall be amended in order to effect, to the maximum extent allowable by law, the original intent of such provision. The provisions of these Terms of Use that, by their nature, survive the expiration or earlier termination of these Terms or Use or of this Website, shall continue and remain in full force after the expiration or earlier termination of these Terms of Use or this Website, including without limitation, any provisions regarding indemnification of HPTF, intellectual property ownership, the disclaimer of any warranties by HPTF, or the limitation of HPTF's liability.
Neither the failure of a party to enforce at any time any of the provisions of these Terms and Conditions nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.
Unless expressly set forth otherwise, no right or remedy granted by any provision of these Terms of Use is intended to be exclusive of any other right or remedy provided in these Terms of Use or otherwise, and each and every right and remedy shall be cumulative and shall be in addition to every other right remedy provided in these Terms of Use, at law, in equity, or otherwise, and the election of any one right or remedy shall not constitute a waiver of any right to pursue other rights or remedies under these Terms of Use, at law, in equity, or otherwise.
​
Governing Law and Jurisdiction
Access to this Website and any and all information, content and services available via this Website is governed by all applicable federal, state, provincial and local laws, and, in the case of users resident outside of the United States, you may also be subject to additional laws of the country where you reside. You are responsible for compliance with the laws of your jurisdiction and any other applicable law.
This Website is controlled by HPTF, which is headquartered in Hilton Head Island, South Carolina, United States of America. They can be accessed from all 50 states, as well as from other countries around the world. Since each of these places has laws that may differ from those of South Carolina, by accessing this Website, you agree that the statutes and laws of the State of South Carolina, without regard to conflicts of laws principals thereof, will apply to all matters arising from or relating to use of this Website, or any information, content or services available via this Website. In the event that any claim, dispute or other controversy arising out of this Website, any information, content or services available via this Website, these Terms of Use, or any other terms or conditions governing this Website (including, without limitation, the Privacy Policy, Service Terms and Conditions, Linking Policy, Copyright Policy, Sales Terms and Conditions, or Return and Exchange Policies) cannot be amicably settled through good-faith negotiations, you hereby irrevocably consent to the jurisdiction of the federal and state courts in Beaufort, South Carolina as the exclusive forum and venue for the resolution of such disputes, and further waive and agree not to assert as a defense or otherwise, that (i) you are not personally subject to the jurisdiction of the above-named courts, (ii) the suit, action or proceeding is brought in an inconvenient forum, or (iii) the venue of the suit, action or proceeding is improper.
Disclaimer on Information and Advice
The goal of the Sites is to provide information to the public regarding organ donation in an effort to educate them and encourage organ donation. It is not intended nor should it be construed as providing professional medical, financial or legal advice. The Sites and the information contained on the Sites are not a replacement for obtaining professional medical care or professional legal and financial advice. You should consult a trained medical professional for consultation, diagnosis and treatment of any illness, the risks of organ donation and any topic covered on the Sites. You should consult a trained legal or financial professional for any document covering these topics.
The Sites are intended for personal use by individuals interested in learning more about topics related to organ donation. You agree not to provide any personal information of any third party or to create profiles on behalf of any other person unless you are the parent or legal guardian of a child and you create a profile for your child.
Website Linking Policy
Permission to link to the Heather Perkins Trew Foundation (HPTF) Website is limited to:
• Partners or sponsors with formal affiliations with the HPTF
• Recipients of HPTF grants or sponsorships using language outlined in funding contacts
• Organizations actively participating in organ donation education that builds on the body of knowledge and services focused on improving the quality of life for people in need of organ donations
• Individuals or Organizations that, through the approval of HPTF, are members of Advocacy or Grassroots Fundraising groups.
The HPTF expects organizations that link to the HPTF Website to provide factually correct information and to uphold high ethical standards in developing and presenting information.
We do not evaluate linking to the HPTF Web site on a case-by-case basis. If you do not fall in the above-mentioned groups, by creating a link to the HPTF Website, you agree to be bound by the terms stated herein. The HPTF reserves the right to change these conditions at any time without prior notice. (I) The link must be an active, text-only link clearly marked "Heather Perkins Trew Foundation". You may not use HPTF logos or trademarks.
(II) The relationship between the HPTF and your organization must be clearly communicated using one of the following descriptions.
• <COMPANY/ORGANIZATION NAME> supports the Heather Perkins Trew Foundation
• Supporter of the Heather Perkins Trew Foundation
(III) Links may only be directed to the HPTF homepage at www.TheHeatherTrewFoundation.com Links to any other page of the HPTF Website are prohibited.
(IV) When activated by a user, the link must open the HPTF Web site in a full screen and not within a frame on the linked Website.
The HPTF reserves the right to terminate any links to the HPTF Website at any time without cause or warning. If the HPTF chooses to exercise this right, you will be required to remove your link immediately.
Privacy Policy
The Heather Perkins Trew Foundation ("HPTF") has created this policy to demonstrate our commitment to privacy. The following statement explains our information-gathering and dissemination practices for our web sites at TheHeatherTrewFoundation.com the "Sites"). This policy may change from time to time, so please check back periodically. Throughout this policy, "we," "us," and "our" will mean HPTF. This policy does not apply to the practices of persons or entities that HPTF does not control, manage or employ
.HPTF knows that you care how information about you is used. Please read the following to learn more about our privacy policy
What information does HPTF collect from me as an end user?
You can browse our Sites without telling us who you are or giving us any personally identifiable information about yourself. When you interact with us through your computer, our website does record certain non-identifying site usage data, such as the number of hits and visits to our Sites.
HPTF provides information that may be relevant to individuals interested in learning more about organ donation or becoming an organ donor. The information in the Sites is not intended to substitute for information provided by health care professionals. You may, at your sole discretion, elect to complete a profile or register with HPTF in order to purchase products, make donations or participate in events on-line.
If you elect to complete a profile or register with HPTF, you will be asked to provide personal information that may include among other things your name, address, age, gender, e-mail address, phone-number, fax number, date of birth, whether you are an organ donor, type of donor and other healthcare information (collectively referred to as "Profile Information"). Once you provide us with this information you are no longer anonymous to us. We also, in limited circumstances, may ask you to provide credit card information and other personal information when purchasing items that are offered for sale or when making a donation. We reserve the right to request any additional information necessary to establish and maintain your account.
Some of the programs and activities on our Sites could require the provision of personally identifiable information about you beyond what it is in your Profile Information and/or the sharing of materials such as your stories, drawings or photographs. Participation in these programs may require the public release and dissemination of the information and materials you provide. Participation in these programs is voluntary and may require your consent to certain terms before participation is allowed.
Does HPTF track my IP address?
When you visit the Sites, our web servers automatically collect limited information about your computer's connection to the Internet, including your IP address (which is a number that lets computers attached to the Internet know where to send you data). Your IP address does not identify you personally. We log your IP address to (i) deliver our web pages to you upon request; (ii) tailor our Sites to the interests of our users; (iii) help diagnose problems with our server; (iv) administer our Sites in order to constantly improve the quality of the Sites; (v) measure traffic within our Sites; and (vi) prevent fraudulent use of the Sites by others. HPTF may also track what we call a Customer Identification Number ("CID"), located within our URL, to determine the web site from which you navigated to get to this Sites. This CID number does not contain personal information, and the CID number may not be apparent to you. We may also track and analyze non-identifying, aggregate usage and volume statistical information from our visitors and users and may provide such information to third parties.
How does HPTF use my information?
HPTF does occasionally share your name and address with affiliated organizations with whom HPTF has a common interest. HPTF employs persons and entities to perform functions on our behalf, such as fulfilling merchandise orders, sending mail and email, processing credit card payments or helping with the maintenance or set up of our servers or computers. Such persons or entities have access to personal information needed to perform their functions, but may not use such information for any other purposes.
HPTF does not otherwise sell, share or disclose personal information with persons or entities not affiliated with or employed by HPTF except with your consent or when we reasonably determine it is necessary to do so in order to comply with the law or protect the safety, property or legal rights of HPTF or others.
Participation in certain programs available on the Sites means that information you provide may be distributed or released publicly. Your participation in these programs is voluntary.
When you create a profile or register with the Sites, you become a registered user with password access and we use your Profile Information to verify your identity, create your user account, and help us to offer you more personalized features, improve our Sites, and provide you with information that is of the most interest to you. Such Profile Information is also compiled and analyzed on an aggregated basis that does not reveal your personal identity ("Aggregated Data"). We may share this Aggregated Data with business partners, content providers or other third parties to advance goals of research, education, dissemination of information, and the provision of services and support for organ donation. In addition, you may from time to time be provided with or given the opportunity to obtain additional information of interest, updates, surveys, bulletins or other communications from HPTF or its partners ("Communications") via e-mail. You may select to opt out of future Communications by following the opt-out provision below
.
How does HPTF protect my Information?
HPTF and/or its subcontractors institute various electronic and administrative safeguards to protect your information from unauthorized access, including firewall technologies to help protect your data from hackers and other unwanted visitors. Also, access to the Profile Information contained in your account is protected by use of a password, so keep your password private and secure. In the event that we collect your credit card information, we will additionally utilize Secure Sockets Layer Software to encrypt your credit card information you input. Despite use of these safeguards, there are inherent risks in transmission of electronic information. We cannot guarantee and do not represent that your information will always be secure from unauthorized access.
We also may use a managed hosting provider and/or other subcontractors to assist us with the provision and maintenance of the Sites. If we do, we will impose on such provider confidentiality obligations for the treatment of information.
Can I opt-out of receiving Communications?
To remove your information from our database so that you do not receive further Communications, you can write to us at : HeatherFoundation@roadrunner.com, or P.O. Box 5521,
Hilton Head, SC 29928 and request that you be removed from our contact list. Please note that under exigent circumstances, we may be required to send you information about the Sites or your account.
How can I correct and/or update my data?
You may update and/or correct your Profile Information at any time by logging into your account and then adding and/or deleting any information, as desired or necessary.
What about the privacy policies of sites linking to the Sites or to which the Sites link?
We provide links on our Sites to other web sites provided by third parties. In addition, some users access our Sites via another site or a link on another site. We have no control over the sites that link to our Sites or to which our Sites link. We are not responsible for the privacy practices or the content of any site other than our Sites. The existence of a link between our Sites and other third party sites does not imply an endorsement of these other sites. We are not responsible for the content of such other sites, nor for the treatment of personal information you might provide while visiting such other sites.
What constitutes my acceptance of this privacy policy?
By using the Sites, you expressly consent to the use and disclosure of information as described in this Privacy Policy. Your continued use of the Sites after the effective date of any modification to the Privacy Policy will be deemed to be your agreement to the changed terms. You agree to review the Privacy Policy each time you use the Sites so that you are aware of such modifications.
Notice to Parents Regarding Participation of Children and Teens.
We want to help you guard your children's privacy. In order to comply with the Children's Online Privacy Protection Act, HPTF will not knowingly accept "personal information" from children under the age of thirteen (13) through the Site profile and registration procedures. Our refusal to accept this information does not preclude minors, however, from visiting and using certain features of the Site. In instances where personal information about children is collected so they can participate in programs offered on the Sites, the rules of this Privacy Policy will apply and HPTF will obtain verifiable parental consent before knowingly collecting such information from a child under the age of thirteen. Parents will have the option of agreeing to the collection and use of the information and also to the disclosure of such information to third parties. HPTF will not require a child under the age of thirteen to provide more information than is reasonably necessary to participate in an activity as a condition of participation. Parents can review their child's personal information, ask to have it deleted and refuse to allow any further collection of use of their child's information. A parent wishing to do so should contact HPTF through the contact information set forth below.
Disclaimer on Information and Advice
The goal of the Sites is to provide information to the public regarding organ donation and to educate them and encourage them to become organ donors. It is not intended nor should it be construed as providing professional medical, financial or legal advice. The Sites and the information contained on the Sites are not a replacement for obtaining professional medical care or professional legal and financial advice. You should consult a trained medical professional for consultation, diagnosis and treatment of any illness, the risks of organ donation and any topic covered on the Sites. You should consult a trained legal or financial professional for any document covering these topics.
The Sites are intended for personal use by individuals coping with and/or recovering from cancer, those supporting friends and loved ones with cancer, and those interested in learning more about topics related to cancer survivorship. You agree not to provide any personal information of any third party or to create profiles on behalf of any other person unless you are the parent or legal guardian of a child and you create a profile for your child.
How do I contact HPTF?
If you suspect that this privacy policy has been violated, or if you have any questions about this policy, the practices of the Sites, or your dealings with the Sites, you may contact us in the following ways:
By email: HeatherFoundation@roadrunner.com
By conventional mail: The Heather Perkins Trew Foundation
Attn: Website Privacy Policy
P.O. Box 5521
Hilton Head Island, South Carolina 29938
By telephone: 843-422-5741
Copyright Policy
This Copyright Policy is provided as a supplement to, and not as a replacement of, the general Terms of Use, which contain other important terms and conditions regarding the use of this Website. Capitalized terms used but not defined in this Copyright Policy shall have the respective meanings ascribed to them in the general Terms of Use. Notwithstanding the foregoing, if there is any conflict between the terms and conditions in this Copyright Policy and the general Terms of Use, the terms and conditions in this Copyright Policy shall, in all respects, control.
Please read this Copyright Policy carefully. From time to time and at its sole discretion, HPTF reserves the right to change this Copyright Policy for any reason, with or without notice to you. However, if this Copyright Policy changes, we will always post the revised Copyright Policy on our website www.TheHeatherTrewFoundation.com (our "Main Website") or another website that we designate as the successor Main Website. This means that the then-current Copyright Policy posted on the Main Website will always be the governing Copyright Policy. We encourage you to review the Copyright Policy regularly for any changes. You may view a printable version of this Copyright Policy by clicking here.
You agree that any person to whom the Website Content is provided directly or indirectly by or through you, will be advised of the terms of this Copyright Policy, and that you will be responsible and liable for each such person's compliance with this Copyright Policy.
Permitted Uses of HPTF's Website Content
This Website, its design (including HTML code) and layout, and all text, web pages, graphics, pictures, documents, button icons, images, audio clips, video, information, testimonials, letters, articles, other written materials, and other content found on this Website (collectively, "Website Content") is protected by U.S. copyright laws and may not be downloaded, reproduced, republished, sold, displayed, copied, transmitted, distributed, or otherwise used or exploited except as provided below without the prior, written consent of the Heather Perkins Trew Foundation ("HPTF").
All photos, images, videos, and personal testimonies and stories on this Website are not subject to the license granted herein and may not be downloaded, reproduced, republished, sold, displayed, copied, transmitted, distributed, or otherwise used or exploited without express, written permission of HPTF.
HPTF grants to you a non-exclusive and non-transferable license to view and print all other information, documents and web pages located on this Website for non-commercial or educational use within your organization only, subject to the conditions set forth below. Failure to abide by these conditions will immediately terminate the license granted by HPTF above, and may result in the infringement of the copyrights owned by HPTF or its licensors.
1. The material may not be copied, reproduced, downloaded or otherwise used in connection with for-profit or commercial activities or purposes;
2. You must give attribution to the Heather Perkins Trew Foundation and, if possible, provide a reference to our main website, www.TheHeatherTrewFoundation.com ;
3. If the material is used in combination with your own materials or other third party materials, you must clearly designate which portion of complete work is HPTF material;
4. The material may only be provided to employees of your organization or to students of your school, as applicable;
5. The material may not be made available in electronic form, including without limitation, via a website or email;
6. The material must be reprinted in its entirety (if part of an article) and may not be modified, added to, reformulated, adapted, altered, adjusted, or changed in any way;
7. The material may not be translated to any language;
8. All copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original material. Please note that certain information and content is provided on our Website subject to specific disclaimers regarding accuracy and endorsement. These disclaimers must be reprinted with the material used; and
9. The products, technology or processes described on this Website may be the subject of other intellectual property rights reserved by HPTF or by other third parties. No license is granted in respect of those intellectual property rights.
Except as set forth above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under or to any other intellectual property right including, without limitation, any patent, trademark, service mark or copyright of HPTF or of any third party.
Notice for Claims of Intellectual Property Violations
From time to time, the Website Content may include pictures, information, testimonials, letters, and other content uploaded or provided by third parties or otherwise received from third parties. HPTF does not permit the use of content on its Website that infringes on the copyright of others, and will remove any Website Content that violates the copyright of others if properly notified of such violation in accordance with the procedure set forth below. If you believe that any of the Website Content infringes your copyright, please provide HPTF's copyright agent (whose contact information provided below) with the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if you believe that multiple copyrighted works have been infringed on our Website, a representative list of such works.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact Information for HPTF's Copyright Agent
HPTF's Agent for the notice of any claim of infringement of any copyright can be reached as follows:
By email: HeatherFoundation@roadrunner.com
By conventional mail: Heather Perkins Trew Foundation
Attn: Website Copyright Policy
P.O. Box 5531
Hilton Head Island, South Carolina 29938
Please provide all of the information requested above. No specific form is required to provide HPTF with notifications of possible copyright infringement. However, it will take us longer to process your notice if any of the information requested above is not provided, and in some cases, we may not be able to process your notice at all. Also please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of possible copyright infringement submitted electronically with an attachment will not be received or processed.
All returns and exchanges are subject to our policy below.
RETURN AND EXCHANGE POLICY
We want you to be completely happy with your purchase. Your unworn, unused item(s) may be returned or exchanged within 60 days of ship date. Simply follow the guidelines below. Please note that items received after 60 days of ship date will only be eligible for an exchange of the same item in a different size. Any defective item or incorrect shipment will be replaced at no shipping charge to you.
Returns:
You can return unworn, unused items within 30 days of ship date for a refundI understood we could not have shipping fees since we are a foundation. I included it in the bracelet price.The refund will include the retail price paid, plus any applicable We do not charge sales tax because of foundation, correct?Please note that items received after 30 days of ship date will only be eligible for an exchange of the same item in a different size. Returned bracelets must be the original box. Bracelets that do not meet these standards will not be refunded or shipped back to you.
You are responsible for all return freight charges, including duty and tax if applicable. We cannot accept C.O.D. shipments. For your protection, we suggest all returns be sent back to us through a traceable carrier. Most major carriers offer tracking information; however, domestic and international parcel packages are typically not traceable. Refunds can only be issued against the credit card used on the original order.
On the back of your packing slip, note the reason(s) for the return. Enclose your packing slip with the item and ship to:
The Heather Perkins Trew Foundation
P.O. Box 5521
Hilton Head, South Carolina 29938
Please allow 60 business days after receipt for your return and refund to be processed. If your refund does not appear on your statement within four weeks or one billing cycle, please call 843-422-5570 for further assistance.
Exchanges:
You can return unworn, unused items within 30 days of ship date for an exchange. Exchanges are only valid for the same item in a different size.
You are responsible for all return freight charges, including duty and tax, if applicable. We cannot accept C.O.D. shipments. For your protection, we suggest all returns be sent back to us through a traceable carrier. Most major carriers offer tracking information; however, domestic and international parcel packages are typically not traceable.
On the back of your packing slip, note the reason(s) for the exchange. Enclose your packing slip with the item and ship to:
The Heather Perkins Trew Foundation
P.O. Box 5521
Hilton Head, South Carolina 29938
Please allow 60 business days after receipt for your exchange to be processed and shipped to you.