Terms and Conditions

By accessing or using the Services or the Donors Cure Foundation Site, you signify your agreement to and acceptance of this Privacy Policy and the Terms Of Use, and any posted changes to either of them, and you expressly consent to the handling of your Personal Information according to this Privacy Policy.  Your Personal Information may be processed in states where laws regarding the processing of Personal Information may be less stringent than the laws in your own state.  If you do not agree with this Privacy Policy or the Terms of Use, please do not continue to access or use the services, or the website.

This Donors Cure Foundation Terms of Use (the “Terms of Use”) was last updated on July 30, 2014.

1.         Introduction

For both your protection and ours, we have established the following Terms of Use, which constitute a contractual agreement between you and Donors Cure Foundation, a South Carolina nonprofit corporation (“DCF”). All visitors to this website, whether registered users or not, must follow these terms of use while on our website. Your use of the DCF website (the “Site” or the “DCF Site”) means that you acknowledge these Terms of Use and agree to abide by and to be legally bound by them at all times. We reserve the right to modify these Terms of Use at any time. The notification of revised terms will appear on this Site 5 calendar days prior to the changes going into effect. Please note that from time to time in these Terms of Use we will refer to (i) ourselves as “DCF,” “us” or “we”; (ii) registered users of the Site as “Users”; (iii) visitors that have not registered to use the Site as “Visitors”; and (iv) Users or Visitors generally as “you”.

Registered Users will be granted access to certain registered, password-protected areas of the Site.   Visitors to the Site will not be granted access to all areas of the Site.

2.         What is Donors Cure Foundation?

DCF is a nonprofit corporation.   DCF has created the Site to provide a funding platform to support medical, healthcare, and health sciences research, whereby Users may donate money directly to specific research projects at universities, academic medical centers, and research institutions, which are governmental entities or nonprofit tax exempt public charities recognized pursuant to IRC section 501(c)(3) (each an “Institution”). By facilitating and encouraging the interaction between donors and researchers, DCF seeks to create a direct link between supporters of all levels and interests with the research they would like to support.

3.         Eligibility

The Site is intended for the use of adults 18 years or older, who are residents or citizens of the United States. Children are requested to refrain from using this Site or from providing personally identifying information through this Site.

4.         Account Information

When you register on the Site to be a User, you may be asked to provide DCF with certain information such as, without limitation, your name, address, zip code, email address, or phone number, educational and employment history, and professional certifications, and other information that might personally identify you (“Account Information”).  

Please see DCF’s Privacy Policy, which is expressly incorporated into these Terms of Use, for further details regarding your Account Information.

5.         Restrictions

Welcome to the DCF Site, which we invite you to use as long as you abide by the following rules and restrictions:

Restricted Areas. Unauthorized access to registered areas of the Site by non-registered Visitors is prohibited. If you have a password allowing access to a non-public area of the Site, you may not disclose or share your password with any third parties or use your password for any unauthorized purpose.

No Illegal Use of the Site.  Users and Visitors may not use the DCF Site to transmit, distribute, store, or destroy content (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

No Interference with Security. Users and Visitors are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) gaining or attempting to gain access to any account, data, service, or information, for which any such User is not authorized; (b) attempting to penetrate a system, network, or application by probing, “phishing”, scanning or testing the vulnerability of the system or network or to breach security or authentication measures without proper authorization, (c) engaging or attempting to engage in a denial of service attack on the site for the purposes of causing the Site to become impaired or inoperable, or attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”, (d) sending unsolicited email, including promotions and/or advertising of products or services, or (e) forging any TCP.IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. DCF will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

DCF prohibits any use of the Site, and all Users and Visitors agree not to use the Site, to:

  • Take any action that imposes an unreasonable or disproportionately large load on this Site’s infrastructure.
  • Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from DCF on the Site and other than generally available third party Web browsers (e.g., Mozilla Firefox®, Google Chrome®, Microsoft Internet Explorer®).
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Post any communication or information that is misleading, false or inaccurate, for any reason.
  • Post any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity, which requires an up-front or periodic payment, pays commissions, or requires recruitment of other users, sub-distributors or sub-agents.
  • Post content that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it.
  • Post content that reveals trade secrets, unless you own them or have the permission of the owner.
  • Post Content that infringes on any intellectual property rights of others or on the privacy or publicity rights of others.
  • Post content that is obscene, defamatory, threatening, harassing, invasive, hateful, or embarrassing to another User or any other person or entity.
  • Post any type of inappropriate and/or sexually-explicit content.
  • Post solicitations of business, chain letters or pyramid schemes, or impersonate another person; or
  • Post content that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
  • While DCF will permit Users to post hyperlinks to pages off of the DCF Site, as long as any such hyperlinks are directly related to activities promoted by DCF, such as scientific research in the fields of healthcare and academic medicine. DCF reserves the right, in its absolute discretion, to disable any hyperlinks contained in a posted communication or otherwise posted on the DCF Site.

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of any DCF Site, without the express written approval of DCF. DCF reserves the right to remove immediately from any Site any other postings or Content without prior notice or notification.

6.         Registration and Password.

You will create a password during the registration process. You are responsible for maintaining the confidentiality of the password and your DCF IT application-related user-name (collectively, the “Access Credentials”), and you are fully responsible for all activities that occur under the auspices of your Access Credentials. You are to (a) notify immediately DCF of any unauthorized use of your password or email address or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

7.         Licenses.

License from DCF.   DCF grants you a limited, personal, non-exclusive, non-assignable and non-transferable license to use and display the contents and any services on the DCF Site.  You must retain intact all copyright, trademark, proprietary and other notices in these permitted activities.  Unauthorized copying or duplication of the content, including but not limited to text, graphics, sounds, images, logos, button icons and software that has been modified, merged, and/or included on the Site and/or any compilation thereof in any manner without the express prior written permission of DCF is expressly forbidden.  You acknowledge that you may not sublicense, transfer, sell or assign this license or the services received thereunder. Any attempt to sublicense, transfer, sell or assign this license is null and void.

License from Users.  Subject to our Privacy Policy and these Terms of Use, by submitting any form of content (graphic, text, audiovisual, sound, etc.) to any public or non-public area of any DCF Site, you grant DCF a royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, creative derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) universe-wide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, for use strictly in connection with the DCF Site and the operations and business of DCF. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such content for use in connection with the objectives of the DCF Site and the activities contemplated therein. Subject to the foregoing, the owner of such content placed on any DCF Site retains any and all rights that may exist in such content.

9.         DCF’s Liability.

DCF Is Only a Venue. The DCF Site acts as a venue for Visitors and Users to gather, query, post, display, modify, and view public information, individual User profile information, news releases, and details of research studies.  DCF has no control over the quality, safety, or legality of the institutional, staff, and researcher-specific information posted by any User. DCF has no control and no responsibility over any research project featured on the Site, including without limitation, any adverse event, liability, harm to life or otherwise, damages, cost or expense associated with any research project or activity identified or featured on the DCF Site.  Please note that there are additional possible risks when using the Site, including without limitation, risks associated with dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom you come into contact through the DCF Site.

Release from User-to-User Dealings. Because User authentication on the Internet is difficult, DCF cannot and does not confirm that each User is who they claim to be or that their personal information is truthful or complete. DCF facilitates an exchange of information; it does not supervise, verify or regulate the content of that information. It is the responsibility of each User to take the precautions that the User deems suitable to assure the identity of any other User with whom he, she, or it deals and to assure the accuracy of information provided by other Users on which he, she or it intends to rely. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any DCF Site, in the event that you have a dispute with one or more Users, you agree to release DCF (and our agents and employees) from claims, demands, and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.  If you are a California resident, you waive California Civil Code 1542, which says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor,” we are under no legal obligation to, and generally do not, control the information provided by other Users which is made available through the DCF Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the DCF Site. 

Not Responsible for User Conduct or Postings. DCF acts as a passive conduit for the online distribution and publication of User-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring content posted by any User. If notified by a User of communications, which allegedly do not conform to these Terms of Use, DCF may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. DCF has no liability or responsibility to Users for performance or nonperformance of such activities. DCF reserves the right  (i) to expel Users and prevent their further access to the DCF Site for violating the Terms of Use, the Privacy Policy, or the law and (ii) to remove communications which are abusive, illegal, or disruptive. DCF may take action at any time with respect to User-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for DCF, harm another User, or cause DCF to lose (in whole or in part) the services of its ISPs or other suppliers.

Inaccuracies. The content of the Site may contain inaccuracies or typographical errors. DCF makes no representations about the accuracy, reliability, completeness, or timeliness of this Site or the content. Your use of the DCF Site and the content is at your own risk. Changes are periodically made to each Site by DCF at any time for any reasons as deemed appropriate by DCF. You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any content placed by you on the DCF Site. 

10.       Limitation of Liability, Warranties, and Disclaimers

You agree that use of this Site is entirely at your own risk.  

The DCF Site and the services provided therein are “as is”, without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted or error free access, or products provided through or in connection with the service, including without limitation our software or services licensed to you and the results obtained through the service (unless such warranties are legally incapable of exclusion).  

Specifically, we disclaim any and all warranties, including without limitation: (1) any warranties concerning the availability, accuracy, or content of information, products, or services; and (2) any warranties of title or warranties of merchantability or fitness for a particular purpose.  This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay, inoperability or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration, of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other Users, visitors or third parties and that the risk of injury from the foregoing rests entirely with you.  Our entire liability and your exclusive remedy with respect to the use of our services is the cancellation of your registration.  

NEITHER WE NOR ANY OF OUR AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR DATA, OR DAMAGES ARISING OUT OF USE OF ANY DCF SITE OR INABILITY TO GAIN ACCESS TO OR USE OF THE DCF SITE WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DCF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  You hereby acknowledge that the provisions of this section shall apply to all content and services on the DCF Site.

11.       Links to Other Web Sites

The DCF Site provides links to third party World Wide Web sites. Because we have no control over such third party websites, you acknowledge and agree that DCF is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that DCF is not responsible or liable, directly or indirectly, from any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such website.

12.       Special Provisions Relating to Donors

Thank you for your interest in funding a research project featured at the DCF Site. By donating to a project or creating a new account on the Site ("Donor"), the following additional terms apply.

Donor Representations.

You will be responsible for the use and maintenance of the confidentiality of your user ID and password (which you will receive upon completing the process of registering as a Donor) for access to Donor-restricted portions of the Site, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Donor or User at any time or to disclose your password to anyone else. You are solely responsible for any and all use of your account and for any actions that take place using your account.  All suggestions and comments you provide become the intellectual property of DCF.

In addition to the rights of DCF described elsewhere in this Terms of Use, you agree that descriptions of the proposed activity, the photographs of researchers and the thank-you notes, and other materials that DCF may send you regarding each research project you fund are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the other Users, you agree that any breach by you of any of these restrictions may cause DCF and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that DC may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action.

Services Provided by DCF.

We review each research project proposal or activity to verify that the research project is intended to create generalizable knowledge and benefit to the public.   Our efforts include, but are not limited to, screening the proposed research project for compliance with the DCF eligibility requirements.

DCF reserves the right to exclude any Donor from use of the Sites, in DCF's sole discretion. All directions and requirements stated on the Sites regarding Donors or donations shall apply to any donation offered or made by you.

Additional Disclaimers.

When a partially funded project does not reach 100% of its initial budget within the period of time ascribed the research project as posted on the DCF Site, DCF reserve the right to direct the funds to as substantially similar scientific research initiative as is possible. 

DCF cannot be responsible for the success of any proposed or funded research projects or for the activities (or lack thereof) of the researchers participating in any proposed or funded projects.

At this time only Donors from the State of South Carolina may make donations through the use of the DCF Site.

13.       Special Provisions for Institutions.

Thank you for your interest in becoming a participating Institution of DCF.  

In applying to become a participating Institution and at all times in which you are a participating Institution, you agree as follows:

  1. You are either a governmental entity or nonprofit tax-exempt public charity recognized pursuant to IRC section 501(c)(3).
  2. You are responsible for all researchers at your Institution that register on the DCF in connection with their relationship with you, for their use of the DCF Site and the proceeds funded through DCF, and for their compliance with these Terms of Use.
  3. You will ensure that all such proceeds raised through the DCF for the benefit of a research proposal submitted by a researcher at your Institution will be used for the purposes stated in the original research proposal submitted.

14.       Special Provisions for Researchers

Thank you for your interest in submitting a research proposal to the DCF Site. The following additional terms apply to those Users, who sign up for a researcher account and/or to post a research-funding proposal on the DCF Site (each a "Researcher"). 

You will be responsible for the use and maintenance of the confidentiality of your user ID and password (which you will receive upon completing the process of registering as a Researcher) for access to Researcher-restricted portions of the Site, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Researcher or User at any time or to disclose your password to anyone else. You are solely responsible for any and all use of your account and for any actions that take place using your account.  All suggestions and comments you provide become the intellectual property of DCF.

By submitting a proposal, you promise that:

  • All information that you supply about yourself and your research project and proposal is true and accurate in all respects;
  • The research activity you propose is legal and approved or will be approved by all applicable bodies at your Institution and as required by law; all information you provide to DCF is accurate prior to initiating your research, and you will promptly update the information to keep it accurate;
  • Any proposals you submit are solely for your research and are not on behalf of any other person’s research; and
  • You have full rights to any ideas, descriptions, materials, and photos you submit to DCF, and that you (and not DCF) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by DCF will not infringe on any rights of any third party.
  • If your proposal is approved by DCF (in DCF's sole discretion), posted on the DCF Site and funded, you agree to use the materials or funds received solely as stated in the proposal and in a manner directed by DCF.

DCF will not be required to treat any submission or research project materials as confidential.

15.       Termination

DCF reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from any DCF Site and immediate termination of your registration with or ability to access any or all DCF Sites and/or any other Service provided to you by DCF, upon any breach by you of these Terms of Use. In addition, DCF reserves the right, at its sole discretion, for any reason or for no reason, to suspend or terminate your account with and access to DCF and in such event will have no responsibility or liability to you; and DCF will not be responsible for any lost opportunities or other damages or loss that you may incur as a result of such suspension or termination.

16.       Your Responsibility

You agree to be responsible for any and all claims, disputes, and expenses, including attorney’s fees and court costs, related to any violation by you of these Terms of Use and the Privacy Policy of DCF, including the rules of conduct, or any information, software, files, messages, or other content placed on any DCF Site by you.

17.       Termination of Service

You may terminate your right to use any DCF Site and services at any time by notification to us as set forth above. We may terminate your account or access rights to any or all DCF Sites at any time, without notice, in our sole discretion.

18.       General Provisions

These Terms of Use are governed by the substantive laws of the State of South Carolina, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state or federal courts within South Carolina. If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect. No waiver of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.  Except as expressly provided in additional Terms of Use for areas of any Site, a particular “Legal Notice”, or software license or content on particular webpages, these Terms of Use constitute the entire agreement between you and DCF with respect to the use of any or all DCF Sites. No changes to these Terms of Use shall be made except by a revised posting by DCF on this page.

19.       Your Acceptance of these Terms

By using any DCF Site, you signify your assent to the DCF Terms of Use and Privacy Policy. If you do not agree with these Terms of Use and/or our Privacy Policy, please refrain from using this Site. Your continued use of any DCF Site following changes to these Terms of Use and/or our Privacy Policy will mean that you also accept the changes.