Specific Candidate Donation

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE “SITE”) OR SERVICES ACCESSED THROUGH THE WEBSITE, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES. 

The present terms and conditions (this “Agreement” or “Terms“) is a legal agreement between you and Childfree By Choice (hereinafter “CBC“), a company duly organized and validly existing, located at 320 Gold Ave SW Ste 620, Albuquerque, New Mexico 87102. This Agreement supersedes and voids all previous agreements. 

OVERVIEW 

The Site (www.childfreebc.com) is operated by CBC. Throughout the Site, the terms “we“, “us” and “ours” refer to CBC. CBC offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. 

By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of a change in the TOS and any contradiction of terms with regard thereto, the later/more recent version of the TOS shall control.

Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms. 

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. CBC reserves the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. 

SECTION 1 – GENERAL TERMS 

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. 

You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws). 

You must not transmit any worms or viruses or any code of a destructive nature. 

A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service. 

CBC has the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: 

1. Restrict, suspend or terminate your access to all or any part of our Site;
2. Change, suspend or discontinue all or any part of our products or Site;
3. Refuse, move, or remove any content that is available on all or any part of our Site; 
4. Deactivate or delete your account(s); and
5. Establish general practices and limits concerning use of our Site. 

You agree that CBC will not be liable to you or any third party for taking any of these actions. 

You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us. 

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. CBC content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CBC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. CBC does not grant you any licenses, express or implied, to the intellectual property of CBC or our licensors. 

SECTION 2 – CREATING AN ACCOUNT 

Once you create an account with us, you are registered on the CBC Site. The terms “member,” “membership,” and “account” all refer to this registration as a member on CBC’s Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site. 

When you create an account, you will provide a unique username and email. CBC will also ask you to create a password. Because any activities that occur under your username and password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that CBC is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization. 

Furthermore, the registering party hereby acknowledges, understands and agrees to: 

1. furnish factual, correct, current and complete information with regard to yourself as may be requested by the data registration process, and 
2. maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. 

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Childfree By Choice will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Childfree By Choice Services, or any portion thereof. 

In order to service your account and/or disperse any amounts you may be entitled to, you agree that we may contact you using any contact information related to your Account, including contact information: (i) you have provided to us, (ii) from which you contact us or (iii) at which we believe we can reach you. We may use any means to contact you, which may include automated dialing services, prerecorded voice messages, mail, e-mail and text messages and calls to your phone including mobile phone. You are responsible for any amount charged by any service provider as a result of us contacting you. You agree to promptly notify us if you change any contact information you provide to us.

SECTION 3 – CONDUCT 

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the express sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the CBC Services, and as such, CBC does not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted; consequently, CBC is not responsible for loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by CBC. 

Furthermore, you herein agree not to make use of Childfree By Choice’s Services for the purpose of: 

1. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

1. causing harm to minors in any manner whatsoever; 
2. impersonating any individual or entity, including, but not limited to, any CBC officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity; 
3. forging captions, headings or titles or otherwise offering any content to which you personally have no right pursuant to any law, contract or fiduciary relationship; 
4. uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party; 
5. uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship; 
6. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in such areas on the Site that may have been designated for such purpose; 
7. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment; 
8. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions; 
9. interfering with or disrupting any Childfree By Choice Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers; 
10. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; 
11. providing informational support or resources, concealing and/or disguising the character, location, and/or source to any organization designated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act, or any domestic terrorist organization; 
12. “stalking” or with the intent to otherwise harass another individual; and/or 
13. collecting or storing any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs. 

Childfree By Choice herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, CBC reserves the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members. 

Childfree By Choice herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for: 

1. compliance with any legal process; 
2. enforcement of the Terms; 
3. responding to any claim that the content is in violation of the rights of any third party; 
4. responding to requests for customer service; or
5. protecting the rights, property or the personal safety of Childfree By Choice, its visitors, users and members, including the general public. 

Childfree By Choice herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Childfree By Choice or any other content providers supplying content services to Childfree By Choice. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited. 

SECTION 4 – GLOBAL USE; EXPORT/IMPORT COMPLIANCE 

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations found at: http://www.access.gpo.gov/bis/ear/ear_data.html as well as the sanctions control program of the United States found at: http://www.treasury.gov/resource- center/sanctions/Programs/Pages/Programs.aspx 

Furthermore, you state and pledge that you: 

1. are not on the list of prohibited individuals which may be identified on any government export exclusion report such as the one found here: http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm – nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations; 
2. agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country; 
3. agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and 
4. agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws. 

SECTION 5 – SUBMITTED CONTENT 

Childfree By Choice shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Childfree By Choice the below listed worldwide, royalty- free and non-exclusive licenses, as applicable: 

1. The content submitted or made available for inclusion on the publicly accessible areas of Childfree By Choice’s Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Childfree By Choice’s sites, and shall terminate at such time when you elect to discontinue your membership. 
2. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Childfree By Choice’s sites constitute a license that permits CBC to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available only so long as you are a member of Childfree By Choice’s sites and shall terminate at such time when you elect to discontinue your membership. 
3. For any other content submitted or made available for inclusion on the publicly accessible areas of Childfree By Choice’s sites, the continuous, binding and completely sub-licensable license which is meant to permit CBC to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed. 

Those areas which may be deemed “publicly accessible” areas of Childfree By Choice’s Sites are those such areas of our network properties which are meant to be available to the general public and which would include message boards and groups that are openly available to both users and members. The areas which are not open to the public, and thus available to members only, include our mail system and instant messaging. 

CONTRIBUTIONS TO COMPANY WEBSITE 

Childfree By Choice may provide an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions“) to our site, you acknowledge and agree that: 

1. your contributions do not contain any type of confidential or proprietary information; 
2. CBC shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; 
3. CBC shall be entitled to make use of and/or disclose any such Contributions in any such manner as it may see fit; 
4. the contributor’s Contributions shall automatically become the sole property of CBC; and 
5. CBC is under no obligation to either compensate or provide any form of reimbursement in any manner or nature. 

SECTION 6 – INDEMNITY 

All users and/or members agree to indemnify and hold harmless Childfree By Choice, our subsidiaries, advocates, agents, employees, officers, partners and/or licensors for any claim or demand, which may include, but is not limited to, reasonable attorney fees incurred by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services; the use of CBC Services or your connection with these Services; your violations of the Terms of Service; and/or your violation of any rights of another person. You further agree and acknowledge that CBC and its advocates cannot be held liable in the event of medical malpractice or any injury resulting from a medical procedure pursued in connection with CBC or its Services.

SECTION 7 – COMMERCIAL REUSE OF SERVICES 

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to CBC’s sites. 

SECTION 8 – MODIFICATIONS 

Childfree By Choice reserves the right at any time it may deem fit to modify, alter and/or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, CBC shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof. 

SECTION 9 – TERMINATION 

As a member of www.childfreebc.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request. 

As a member, you agree that Childfree By Choice may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to: 

1. any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline; 
2. by way of requests from law enforcement or any other governmental agencies; 
3. the discontinuance, alteration and/or material modification to our Services, or any part thereof; 
4. unexpected technical or security issues and/or problems; 
5. any extended periods of inactivity; 
6. any engagement by you in any fraudulent or illegal activities; and/or 
7. the nonpayment of any associated fees that may be owed by you in connection with your www.childfreebc.com account Services. 

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and/or limitations of access for cause shall be made at our sole discretion and that CBC shall not be liable to you or any other third party with regard to the termination of your account, associated email address and/or access to any of our Services. 

The termination of your account with www.childfreebc.com shall include any and/or all of the following: 

1. the removal of any access to all or part of the Services offered within www.childfreebc.com; 
2. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and 
3. the barring of any further use of all or part of our Services. 

SECTION 10 – LINKS 

Either Childfree By Choice or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that CBC is not responsible for the availability of any such external sites or resources, and as such, CBC does not endorse nor is CBC responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Childfree By Choice shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource. 

SECTION 11 – PROPRIETARY RIGHTS 

You hereby acknowledge and agree that Childfree By Choice’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Childfree By Choice or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Childfree By Choice Services (e.g. Content or Software), in whole or part. 

Childfree By Choice hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Childfree By Choice for use in accessing our Services. 

SECTION 12 – WARRANTY DISCLAIMERS 

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: 

1. THE USE OF CHILDFREE BY CHOICE SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. CHILDFREE BY CHOICE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 
2. CHILDFREE BY CHOICE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT: (i) CHILDFREE BY CHOICE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) CHILDFREE BY CHOICE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE CHILDFREE BY CHOICE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. 
3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF CHILDFREE BY CHOICE SERVICES OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
4. NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM CHILDFREE BY CHOICE OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 
5. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. 

SECTION 13 – LIMITATION OF LIABILITY 

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT CHILDFREE BY CHOICE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH CBC MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: 

1. THE USE OR INABILITY TO USE OUR SERVICE;
2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; 
3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; 
4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; 
5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE. 

SECTION 14 – RELEASE 

In the event you have a dispute, you agree to release Childfree By Choice and its officers, directors, employees, agents, parent subsidiaries, advocates, co-branders, partners and any other third parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute. 

SECTION 15 – NOTICE 

Childfree By Choice may furnish you with notices, including those with regard to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your use of the Site and subsequent acceptance of these terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner. 

SECTION 16 – INTELLECTUAL PROPERTY RIGHTS 

You herein acknowledge, understand and agree that all of the Childfree By Choice trademarks, copyright, trade name, service marks, and other Childfree By Choice logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Childfree By Choice. You herein agree not to display and/or use in any manner the Childfree By Choice logo or marks without obtaining Childfree By Choice’s prior written consent. 

Childfree By Choice will always respect the intellectual property of others, and CBC asks that all of our users do the same. With regard to appropriate circumstances and at its sole discretion, Childfree By Choice may disable and/or terminate the accounts of users who violate our Terms and/or infringe the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide us the following information: 

1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest; 
2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon; 
3. A description of the location of the site which you allege has been infringing upon your work; 
4. Your physical address, telephone number, and email address; 
5. A statement in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; and
6. A statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf. 

The Childfree By Choice agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows: 

Mailing Address:
Childfree By Choice
Attn: Copyright Agent
320 Gold Ave SW Ste 620 Albuquerque, New Mexico 87102 

Telephone: 423-483-8553
Email: info@childfreebc.com 

SECTION 17 – ENTIRE AGREEMENT 

This Agreement constitutes the entire agreement between you and Childfree By Choiceand shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Childfree By Choice Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Childfree By Choice Services, advocate Services, third-party content or third-party software. 

SECTION 18 – CHOICE OF LAW AND FORUM 

It is at the mutual agreement of both you and Childfree By Choice with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of New Mexico without regard to its conflict of law provisions. 

In the event of a dispute, you agree to attend mediation to resolve any alleged claim(s). If the matter cannot be resolved, you agree to submit to binding arbitration within the jurisdiction of New Mexico and under the rules of the American Arbitration Association, which can be accessed here. You agree to be responsible for the costs associated with the filing of the arbitration, and if the arbiter rules in favor of CBC, you agree to pay to CBC all reasonable attorney fees incurred due to the dispute.

SECTION 19 – WAIVER AND SEVERABILITY OF TERMS 

At any time, should Childfree By Choice fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. 

SECTION 20 – NO RIGHT OF SURVIVORSHIP NON- TRANSFERABILITY 

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. 

SECTION 21 – STATUTE OF LIMITATIONS 

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within one (1) year after said claim or cause of action arose, or shall be forever barred. 

SECTION 22 – VIOLATIONS 

Please report any and all violations of this Agreement to Childfree By Choice as follows: 

Mailing Address:
Childfree By Choice
320 Gold Ave SW Ste 620 Albuquerque, New Mexico 87102 

Telephone: 423-483-8553
Email: info@childfreebc.com 

SECTION 23 – GOVERNMENT REQUESTS 

In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, CBC may access and disclose any information CBC considers necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy. 

SECTION 24 – FOREIGN ACCESS OF SITE 

The Site is controlled, operated and administered by CBC from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use CBC’s content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

SECTION 25 – ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. CBC reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order). 

CBC undertakes no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated. 

SECTION 26 – CANDIDATES 

The candidates who use this site to fund the relevant medical procedure agree and acknowledge that CBC is not providing medical services, only connecting candidates with providers and potential funds.

Candidates further acknowledge that up to thirty percent (30%) of all donations may be used for administrative fees at the discretion of CBC. 

By using the Site and Services, Candidates warrant that they are interacting with the Site of their own free will, that they are not being or have not been pressured, enticed, or otherwise forced to use the Services at the direction of any third party.

SECTION 27 – DONORS

Any user who remits funds agrees that their donation does not grant them any rights, material interests, or any other interest in the candidate, their procedure, or any matter related thereto. Moreover, in addition to the terms set forth in Sections 12 and 13, CBC makes no guarantee regarding how any donation or funds are utilized in connection with Services.