Privacy Policy
The Nick Nurse Foundation (hereinafter "NNF", "us", "our", "we") recognizes the importance of protecting the privacy of all users who visit the website located at www.nicknursefoundation.org (the "Site"). All "Personal Information" that you give to us will be protected and kept confidential among Nick Nurse Foundation and its affiliated companies in accordance with the provisions set forth in this Privacy Policy. When we use the term "Personal Information" we mean any information that can be used to personally identify or contact a specific individual, such as a name, address(es) (e.g., home, shipping, billing address etc.), telephone number or e-mail address.
PERSONAL INFORMATION
Personal Information may be collected when users voluntarily register with the Site or contact Nick Nurse Foundation via the Site in order to receive newsletters, new product launch information and/or special events information or to answer surveys, enter contests and receive notices of other promotional opportunities, or when users or visitors of the Site (collectively, "Site Users") otherwise voluntarily provide such information. Nick Nurse Foundation may use the Personal Information you provide for various purposes, such as to create a personal customer profile in order to let you know of products, services or events that may be of special interest to you.
However, Nick Nurse Foundation will neither disclose nor sell any Personal Information about you to a party unaffiliated or unrelated to Nick Nurse Foundation except (i) to comply with applicable laws, regulations, subpoenas or court orders or otherwise respond to government inquiries, (ii) protect the rights or property of Nick Nurse Foundation or its affiliated or related entities or (iii) if Nick Nurse Foundation reasonably believes that you have used information from the Site in order to commit unlawful acts or acts that may endanger the health and/or safety of any person or the public. Nick Nurse Foundation may appoint third party service providers to administer and/or operate certain functions or services relating to the Site or Nick Nurse Foundation’s operations and businesses, the performance of which may require or be facilitated by a transfer of the Personal Information submitted by you. Any such transfer shall be under strict confidentiality and security obligations and for the sole purpose of the performance of those obligations.
INFORMATION THAT IS PUBLICALLY AVAILABLE
Any User Communications (as defined in the User Agreement) including, without limitation, photographs that you submit to the Site (if such functionality is provided on the Site) may be redistributed through the Internet and other media channels, and may be viewed by other Site Users or the general public.
Any Personal Information, User Communications or other content that you voluntarily disclose online (e.g., photographs) may be collected and used by others.
IF YOU CHOOSE TO MAKE YOUR PERSONAL INFORMATION, ANY USER COMMUNICATIONS OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH OR ON THE SITE, YOU DO SO AT YOUR OWN RISK.
WEBSITE SECURITY
Protecting your information is of primary concern to Nick Nurse Foundation. Nick Nurse Foundation stores the information that it collects on a secure server. Notwithstanding the foregoing, no transmission of information over the Internet is guaranteed to be completely secure. It is possible that third parties not under the control of Nick Nurse Foundation may be able to access or intercept transmissions unlawfully. While Nick Nurse Foundation will use all reasonable attempts to keep your information secure, Nick Nurse Foundation cannot absolutely guarantee that security. As such, any information that you transmit to us is at your own risk.
LINKS TO OTHER SITES
The Site may contain links to sites other than the Site. Those sites may have their own privacy policy or no privacy policy at all. Neither Nick Nurse Foundation nor any of our service providers have any responsibility for those sites, and Nick Nurse Foundation provide these links solely for the convenience of our visitors. These sites may send their own cookies to you and may collect information and use it in a way inconsistent with this Privacy Policy. We encourage you to review the privacy policies and user agreements of any third-party sites or services before providing any of them with any of your Personal Information including, but not limited to, the websites of companies with whom we have business or marketing relationships such as companies that sell products or services.
If you link to a third-party website, you will leave the Site and this Privacy Policy will not apply to your use of, and activities on, those other websites. If you provide Personal Information to any such third party website, your transaction will occur on such third party’s website (not the Site) and the Personal Information you provide will be collected by, and controlled by the privacy policy of, that third party. We encourage you to read the legal notices posted on those third-party websites, including their privacy policies. Nick Nurse Foundation provides links to other sites as a convenience to Site Users but we have no responsibility or liability for your visitation to, and the data collection and use practices of, such third party websites.
BUSINESS TRANSFERS
In the event that Nick Nurse Foundation or its parent or any affiliates is acquired (whether by sale of assets or ownership interests) by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the Personal Information and Aggregate Information (Personal Information and Aggregate Information collectively, the "Data") we have collected from Site Users as part of such merger, acquisition, sale or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may transfer the Data to a successor or to a third party that purchases our assets arising from such circumstances.
STORAGE OF INFORMATION & MAINTENANCE OF SITE
By providing Personal Information and other information and/or content to this Site, you understand and consent to the collection, use, processing and transfer of such information to the United States and other countries or territories, which may not offer the same level of data protection as the country where you reside, in accordance with the terms of this Privacy Policy.
By visiting the Site, you are accepting and consenting to the practices described in the Privacy Policy, the User Agreement, the Shipping Policy and the Return Policy. We may modify the Privacy Policy, the User Agreement, the Shipping Policy and the Return Policy from time to time and your continued use of the Site following such change shall signify your agreement to be bound by such modified Privacy Policy, User Agreement, Shipping Policy and/or Return Policy as applicable.
OWNERSHIP RIGHTS & USE OF SITE MATERIALS
You acknowledge and agree that all trademarks and service marks (whether registered or unregistered), logos, copyrighted material and other content and materials displayed on or used in connection with the Site (collectively, the "Site Materials") are the sole and exclusive property of, and are owned and controlled by, Nick Nurse Foundation, its affiliates, business partners and/or their respective licensors, content providers, contractors and/or other third parties. Nothing on this Site shall be construed as granting, expressly, by implication or otherwise, any license or right to use any Site Materials without Nick Nurse Foundation or the applicable owner's prior written permission in each instance. Nick Nurse Foundation reserves all rights in and to the Site and the Site Materials.
The Site and the Site Materials (including but not limited to text, designs, graphics, interfaces and code, and the selection and arrangement thereof) are protected as, among other things, a compilation under the copyright laws of the United States and other countries. You may not (a) modify the Site Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use any Site Materials for any public or commercial purpose; or (b) remove, obscure or otherwise deface proprietary other notices appearing on the Site or any Site Materials, including copyright, trademark or other intellectual property notices.
USER ACCOUNT
In order to access some features of the Site, you may have to create an account. You may never use another individual's account without permission. If and when you decide to create your account, you agree to: (a) provide accurate, current and complete information; (b) maintain and update your information about yourself as prompted by the appropriate registration form; and (c) comply with this User Agreement and the Privacy Policy. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership and/or access to the Site. You are solely responsible for the activity that occurs on your account and you must keep your password secure.
You must notify Nick Nurse Foundation immediately of any breach of security or unauthorized use of your account. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account. You acknowledge and agree that Nick Nurse Foundation may send you information and notices regarding your account and the Site by email, text message or any other means based on the information you provide to us.
AGE OF USERS
In accordance with the Children's Online Privacy Protection Act of 1998, children under the age of 13 may not use the Site, and parents or legal guardians may not agree to this User Agreement on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files. If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by this User Agreement. If you are a parent or legal guardian agreeing to this User Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Site, including all financial charges and legal liability that he or she may incur. YOU MUST BE OVER 18 YEARS OF AGE TO ORDER FROM THE SITE.
PLACING ORDERS on the WEBSITE
If you place an order with us, we may hold personal information, including, without limitation, your name, email address, phone numbers, home address, shipping and credit/debit card billing address(es) and information resulting from authentication and/or identity checks so that we can process and fulfill your order. All orders are subject to acceptance and availability. Company reserves the right not to accept your order in the even that, for example, we were unable to obtain authorization for payment, shipping restrictions apply to a certain item or the item ordered is out of stock. Payment will be debited and cleared from your account upon completion of the packing of your order. All prices listed are exclusive of applicable taxes. You must confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
For your security, your billing name and address must match that of the credit card user for payment. We reserve the right to cancel any order that does not meet this requirement. Orders will be shipped to the address designated by you if such address is compliant with the shipping restrictions contained in the Shipping Policy on this Site. All risk of loss and title for items purchased from this Site pass to you upon delivery of such items to the carrier. You are responsible for any claims with carriers for damaged and/or lost shipments. You may learn more about our Return Policy by visiting that section of the Site.
INFORMATION YOU PROVIDE
You will retain ownership rights in material and content you own and that you post on or submit or upload to the Site, but Nick Nurse Foundation will obtain certain rights in that material and content. Accordingly, by submitting, posting and/or uploading any material, information, suggestions, ideas, designs, concepts, know-how, techniques, questions, comments or any other communication or content in any form or in any manner to the Site ("User Communications"), you grant to us a royalty-free, worldwide, perpetual, fully sub-licensable, irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display the User Communications, and/or to incorporate the User Communications in other works, and to exploit the foregoing in any manner and in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without attribution to, compensation to, or prior approval by, you or any other party ("User Communications License").
By making a User Communication, you represent and warrant that (i) you own all right, title and interest in and to the User Communication, or you have the necessary approvals and permissions to grant the User Communications License described above, (ii) the User Communications, and the exercise by Nick Nurse Foundation of the rights granted to it under the User Communications License in relation to such User Communication, do not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others and (ii) the User Communications do not contain software viruses, worms, time bombs, Trojan horses, spiders, spybots, commercial solicitations, chain letters, mass mailings, any form of spam, or any other content prohibited under this User Agreement.
You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of the User Communications that you may have under any applicable law. Other than Personal Information, which is defined in and subject to the Privacy Policy any User Communications will be considered non-confidential.
USER INTERACTION
The opinions expressed by users and/or visitors of the Site (collectively, "Site Users") are not necessarily those of Nick Nurse Foundation, Nick Nurse or any affiliates thereof. All statements, advice, opinions expressed, and content provided by Site Users ("Site User Communications") are those of such Site Users only, and we neither endorse nor shall be held responsible for such Site User Communications for any reason whatsoever, including but not limited to their reliability or accuracy. Under no circumstances will we be liable for any loss or damage caused by the Site User Communications, including but not limited to your reliance on information or materials obtained through the Site User Communications and/or any other content on or from the Site. Site Users are encouraged to use discretion when communicating with others and/or disclosing Personal Information online.
Nick Nurse Foundation has no control over, and shall have no liability for, any damages resulting from the misuse by any third party of information that you voluntarily make public through the Site or any part thereof.
IF YOU CHOOSE TO MAKE YOUR PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
You are solely responsible and liable for (and Nick Nurse Foundation shall not be responsible or liable for) your interactions with other Site Users. Nick Nurse Foundation is not involved in, a party to, or responsible for any communications, correspondence, interactions or transactions, whether verbal or written and whether electronic or otherwise between you and any other Site Users ("Interactions"), or any disputes arising therefrom. You hereby irrevocably release Nick Nurse Foundation, Nick Nurse and all their respective affiliates and third party services providers, and all their respective directors, officers, employees, owners, members, partners, licensors, representatives and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Interactions or disputes between you and any other Site User.
PROHIBITED ACTIVITIES
You may not submit, post, upload or transmit any material or content on or through the Site that:
Violates or infringes in any way any law, rule or regulation or the rights of others;
solicits, encourages, or promotes the use of illegal substances or activities;
is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable, or that harms minors in any way;
is protected by copyright, trademark, trade secret or any other proprietary right (unless you have secured all rights necessary to grant the rights granted hereunder);
expresses or implies that any statements made by you are endorsed by Nick Nurse Foundation or Nick Nurse
gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state or federal law;
contains nudity, obscene gestures, obscene language, advertising for products, commercial solicitations, services or websites and/or contact information (i.e., phone numbers, addresses, URLs or email addresses), political campaign letters, chain letters, mass mailings, spam, software or other materials that contain harmful or disruptive components (e.g., viruses, spiders, spybots, commercial solicitations, worms, time bombs, Trojan horses).
LINKS
We may, for your convenience, provide you with links to other websites from the Site ("Linked Sites"). Nick Nurse Foundation is not responsible for the accuracy or availability of information provided by any Linked Site. Links to a Linked Site do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such Linked Site. Nick Nurse Foundation does not control and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connection with the use of or reliance on any content, goods or services available on any Linked Site.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY LINKED SITE, INCLUDING YOUR USE OF ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIAL AVAILABLE THROUGH SUCH LINKED SITE, IS AT YOUR OWN RISK AND IS SUBJECT TO THE USER AGREEMENT, PRIVACY POLICY AND CONDITIONS OF USE APPLICABLE TO SUCH LINKED SITE AND SUCH MATERIALS.
ACCURACY OF INFORMATION
Nick Nurse Foundation takes all possible steps to ensure the accuracy of the information included in this Site. However, Nick Nurse Foundation takes no responsibility for errors or omissions in the content of this Site. Information provided on this Site is subject to change at any time without prior notice. Company has made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
MONITORING AND REMOVAL OF CONTENT
We have the right, but not the obligation, to monitor the content and use of the Site to determine compliance with this User Agreement and any other operating rules established by us, or for any other reason or purpose. We reserve the right, in our sole discretion, to edit, refuse to post, or remove any content or materials submitted to or posted on the Site, for any reason, including if we find such material to be in violation of this User Agreement or otherwise objectionable or inaccurate. We also reserve the right, in our sole discretion, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, our Site Users; to comply with legal obligations or governmental requests; or for any other reason or purpose.
WARRANTIES
Using, visiting and/or browsing the Site is at your own risk. To the extent permitted by law and without limiting any of the foregoing, everything on this Site is provided to you on an "as is" basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement. Because some jurisdictions do not allow limitations on implied warranties, or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. Check your local laws. Information you submit to Nick Nurse Foundation by email or otherwise in order to establish your User Account is subject to the Privacy Policy
Please note that we do not accept unsolicited ideas, designs or other materials for use in our business. We are not responsible for the similarity of any of our ideas, designs or other materials, to the ideas, designs or other materials transmitted or posted to the Site or otherwise submitted to us. Should you post, transmit or otherwise submit any unsolicited ideas, designs or other materials, you do so with the understanding that they shall be considered to be User Communications and subject to the User Communications License, and that you are waiving any claim against Nick Nurse Foundation or its affiliates regarding the use of such ideas, designs or other materials or of any ideas, designs or other materials that are substantially or confusingly similar thereto.
IDEMNIFICATION
You agree to defend, indemnify, and hold harmless Nick Nurse Foundation, Nick Nurse and/or their affiliates and third party service providers, and their respective directors, officers, employees, owners, members, partners, licensors representatives and agents, from and against all claims, demands, damages, losses, costs and expenses, including, without limitation, attorneys’ fees and disbursements, arising out of (a) your breach of this User Agreement and/or the Privacy Policy; (b) your use of, or access and/or activities in connection with, the Site, any Site Materials and/or any services related to the Site; (c) any content (including, without limitation, any User Communications) you submit, post, transmit, upload, modify or otherwise make available through the Site, or your violation of any rights of any third party, including, without limitation, any copyright, property or privacy right; (d) any claim that the User Communications you submitted, transmitted or uploaded caused damage to a third party; and (e) Interactions, communications and disputes between you and any other Site User or third party. We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.
TERMINATION
Your only right and/or remedy with respect to any dissatisfaction or other claim with respect to (a) this User Agreement; (b) any policy or practice of ours in operating the Site, including, without limitation, the Privacy Policy; or (c) any content available through the Site or any change therein or thereto, is to stop visiting and using the Site. We may terminate your use of the Site, including your membership in the Site, at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
MISCELLANEOUS
You acknowledge and agree that this User Agreement, together with the Privacy Policy constitutes the entire agreement between you and Nick Nurse Foundation with respect to the use of the Site.
BY USING THE SITE, YOU AFFIRM THAT YOU ARE EITHER MORE THAN 18 YEARS OF AGE, OR AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND ARE FULLY ABLE AND COMPETENT TO ACCEPT AND BE BOUND BY THIS USER AGREEMENT, AND THE CONDITIONS, OBLIGATIONS, AFFIRMATIONS AND WARRANTIES SET FORTH IN THIS USER AGREEMENT AND WILL ABIDE BY AND COMPLY WITH THIS USER AGREEMENT.
DISCLAIMER
Reference herein to any specific commercial product, entity, service process, trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by the Nick Nurse Foundation Parties, including, without limitation, Nick Nurse. The views and opinions expressed on the Site do not necessarily state or reflect those of Nick Nurse Foundation Parties, including, without limitation, Nick Nurse.