TERMS OF USE AND SERVICE

Last Updated: February 2026

IF YOU DO NOT AGREE THESE TERMS, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT ACCESS OR MAKE ANY DONATIONS OR PURCHASES OF PRODUCTS OR PROGRAMS.  

1. ACCEPTANCE OF TERMS

These Terms of Use and Service (“Terms”) constitute a binding contract between you and RICHI CHILDHOOD CANCER FOUNDATION, INC. (“us”, “we” or “Richi Foundation”) governing the use of and access to the products and/or services we or our affiliates offer in connection with open access, subscription, sponsorships, services, programming, initiatives, events or one-time purchases and donations (“Programs”) to you and any authorized individuals engaged by you to use the Programs on your behalf (each, a “User,” and collectively, “Users”). By using or accessing the Programs, or authorizing or permitting any User to use or access the Programs, you accept and agree to be bound by these Terms. The term "using" includes any person or entity who accesses or uses the site with crawlers, robots, browsers, data mining, or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party. If you are entering into these Terms on behalf of a company, organization, or other legal entity (“Entity”), you agree to these Terms for that Entity and represent to Richi Foundation that you have the authority to bind such Entity and its affiliates to these Terms. In such case, “you” shall refer to such Entity and its affiliates. You represent and warrant that the information you provide in registering for the Programs is accurate, complete, and rightfully yours to use.

    2. PROGRAMS; SITE

We may deliver our Programs through our website www.richifoundation.org (“Site”). The Programs specifically exclude any third-party database or Third-Party Programs. We reserve the right to modify our Programs from time to time in our sole discretion. We may or may not provide notice to you of changes to the Programs. We will not be liable to you or to any third party for any modifications, or discontinuations of our Programs.

While we will use commercially reasonable efforts to keep our Site available and accessible, the Site may be unavailable from time to time for repairs, upgrades, routine and emergency maintenance, or other interruptions that may be out of our reasonable control, including any outages of Third-Party Programs or any related application programming interface and integrations. Interruptions of our Site shall not serve as a basis to terminate your subscription or demand any full or partial refunds or credits of prepaid and unused subscription fees.

    3. THIRD PARTY INTEGRATIONS AND PROGRAMS

Our Site may utilize, access or connect to certain external third-party products, services, software, websites, artificial intelligence tools or other machine learning service providers in conjunction with your use of our Site and Programs or the collection of data for use and integration in our Site and Programs (“Third Party Programs,” and each, a “Third Party Service”), including certain social media networks, websites and other integration partners. To take advantage of these features, you may be required to sign up or log into such Third Party Service on their respective websites or applications. By enabling the Site to access such Third Party Service, you are permitting Richi Foundation to pass on your login information to the Third Party Service and granting the Third Party Service permission to access or otherwise process your data. You acknowledge that your use of such Third Party Service is governed solely by the terms and conditions and privacy policy of such Third Party Service, and that Richi Foundation does not endorse, is not liable for, and makes no representations as to the Third Party Service, its content, or the manner in which such Third Party Service uses, stores, or processes your data. We are not liable for any damage or loss arising from or in connection with your enablement of such Third Party Service and your reliance on the policies, privacy practices, and data security processes of such Third Party Service. We are not responsible or liable for any changes to or deletion of your data by the Third Party Service. Certain features of our Programs may depend on the availability of these Third Party Programs and the features and functionality they make available to us. We do not control Third Party Service features and functionality, and they may change without any notice to us. If any Third Party Service stops providing access to some or all of the features or functionality currently or historically available to us, or stops providing access to such features and functionality on reasonable terms, as determined by Richi Foundation in our sole discretion, we may stop providing access to certain features and functionality of our Programs. We will not be liable to you for any refunds or any damage or loss arising from or in connection with any such change made by the Third Party Service or any resulting change to our Programs. You irrevocably waive any claim against Richi Foundation with respect to such Third Party Programs.

Richi Foundation is not responsible for any false or inaccurate information generated by such Third Party Programs and is not obligated, nor does it intend, to take any steps to independently verify the accuracy or authenticity of such information. All information should be reviewed and verified by the user of any information generated by the Site and Third Party Programs. Richi Foundation is not liable for and expressly disclaims any damages suffered by the User, including any loss of business, due to the use of our service, including due to any inaccurate text generations.

You acknowledge that the Site may, at times, make use of data scraped from third-party websites. We disclaim all liability for any losses or damages incurred by the User, as a result of any legal prohibitions, restrictions, or penalties enforced by such third-party websites in relation to data scraping.

   4. PAYMENT TERMS

We will charge you pursuant to the terms as provided at the time of purchase, registration, donation and/or enrollment. We will continue to charge you if and as applicable. We have the right to correct errors or mistakes even if we have already received payment. You authorize Richi Foundation and its affiliates, and our third-party payment processor(s), to charge your payment method. All Payments are nonrefundable. If you want to dispute any Fees you must do so within thirty (30) days of the date of the disputed invoice. Undisputed amounts past due shall be subject to a finance charge of 1.5% of the unpaid balance per month. 

5. YOUR USE OF THE SITE

You agree not to, nor authorize or permit any User or third party to: (a) license, sublicense, sell, rent, lease, or otherwise permit third parties to use the Site; (b) circumvent or disable any security or other technological features or measures of the Site; (c) reverse engineer any element of the Site, or use the Site to compete with the Richi Foundation, (d) modify, adapt or present the Site to falsely imply any sponsorship or association with Richi Foundation; (e) use the Site in any manner that interferes with or disrupts the integrity of the Richi Foundation; (f) use the Site to post, upload, link to, send or store any Content that is defamatory, libelous, fraudulent, derogatory, abusive, unlawful, hateful, harassing, violent, threatening, racist, or discriminatory, (g) use the Site to post, upload, link to, send, distribute, or store any Content that contains any viruses, malware, Trojan horses, ransomware, or any other similar harmful software; (h) use the Site to post, upload, link to, send, distribute, or store any Content that is material protected by copyright, trademark, or any other proprietary right without first having obtained all rights, permissions, and consents necessary to make such Content available on or through the Site and to grant Richi Foundation the limited right to use Content as set forth in these Terms, (i) attempt to use any method to gain unauthorized access to any paid or restricted features of the Sites or to the Programs and its related systems or networks, (j) use automated scripts to collect information from or otherwise interact with Third Party Programs or the Site; (k) deep-link to the Sites (other than Richi Foundation s home page) for any purpose, unless expressly authorized in writing by Richi Foundation; (l) impersonate any other user of the Site; (m) use the Site or Programs in violation of applicable law or any acceptable use policy, terms of use or any similar policy or terms of Third-Party Programs; (n) use the Site in a way that infringes, misappropriates or violates any person’s rights; or (o) use any automated or programmatic method to extract data or output from the Site, including scraping, web harvesting, or web data extraction.

You agree not to use, and not to knowingly display, distribute, or otherwise make content or information derived from the Site available to any entity for the purpose of: (i) conducting or providing surveillance or gathering intelligence, including but not limited to, investigating or tracking individual social media users or their content, or to obtain information on social media users or their content, in a manner that would require a subpoena, court order, or other valid legal process; (ii) tracking, alerting, or other monitoring of sensitive events (including but not limited to protests, rallies, or community organizing meetings); (iii) conducting or providing surveillance, analyses or research that isolates a group of individuals or any single individual on social media for any unlawful or discriminatory purpose or in a manner that would be inconsistent with the individual users’ reasonable expectations of privacy; (iv) violating the Universal Declaration of Human Rights; or (v) targeting, segmenting, or profiling individuals based on sensitive personal information, including health, negative financial status or condition, political affiliation or beliefs, racial or ethnic origin, religious or philosophical affiliation or beliefs, sex life or sexual orientation, trade union membership, data relating to any alleged or actual commission of a crime, or any other sensitive categories of personal information prohibited by law.

By accessing or using the Site, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site. Our Site are not intended to hold any Sensitive Information. You represent and warrant that you will not use our Site to transmit, upload, collect, manage, or otherwise process any Sensitive Information. WE WILL NOT BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM YOUR USE OF OUR PROGRAMS IN TRANSMITTING, COLLECTING, MANAGING, OR PROCESSING ANY SENSITIVE INFORMATION. “Sensitive Information” means any passwords, credit card or debit card information, personal financial account information, personal health information, social security numbers, passport numbers, driver’s license numbers, employment records, physical or mental health condition or information, any information that would classify as “Special Categories of Information” under EU data protection laws, or any other information that would be subject to Health Insurance Portability and Accountability Act (HIPAA), the Payment Card Industry Data Security Standards (PCI DSS), or other laws, regulations, or industry standards designed to protect similar information.

Although we do not monitor content published through our Site and are not responsible for any content published through our Site, we reserve the right to delete, edit, or move messages or materials that we deem necessary to be removed, including, but not limited to, public postings, advertisements, and messages.

   6. CONFIDENTIAL INFORMATION

For the purpose of these Terms, “Confidential Information” means non-public information disclosed by either party to the other party, either directly or indirectly, in writing, orally, or to which the other party may have access, which (i) a reasonable person would consider confidential, or (ii) is marked “confidential” or “proprietary” or some similar designation by the disclosing party. Confidential Information will not, however, include any information that (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party other than as a result of a violation of these Terms by the receiving party; (iii) is already in the possession of the receiving party at the time of disclosure by the disclosing party; (iv) is obtained by the receiving party from a third party without a breach of the third party’s obligations of confidentiality; or (v) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information. The receiving party shall not disclose, use, transmit, inform or make available to any entity, person or body any of the Confidential Information, except as a necessary part of performing its obligations under these Terms, and shall take actions reasonably necessary and appropriate to prevent the unauthorized disclosure of the Confidential Information, at all times exercising at least a reasonable level of care. Each party agrees to restrict access to the Confidential Information of the other party to those employees, advisors, agents and other representatives who require access in order to perform its obligations under these Terms.

   7. DATA PRIVACY

We access your data to enable us to respond to your service requests and as necessary to provide you with the Site and Programs. We share your data with third parties if required by law, permitted by you, or pursuant to our Richi Foundation Privacy Policy (“Privacy Policy”), which is available here and incorporated into these Terms. You agree to all actions that are taken with respect to your data that are consistent with our Privacy Policy. 

   8. INTELLECTUAL PROPERTY

Programs. We own and retain all rights, title, and interest in and to the Programs along with all patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property and/or proprietary rights (“Intellectual Property Rights”) related to the Site and the Programs. Your use of the Programs under these Terms does not give you additional rights in the Programs or ownership of any Intellectual Property Rights associated with the Programs. Subject to your compliance with and limitations set forth in these Terms and upon your subscription to the Programs, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Programs, Deliverables and Site.

Feedback and Suggestions. Although you are not required to provide feedback or suggestions, you assign to us all of your worldwide right, title and interest in and to any and all feedback, suggestions, requests, recommendations, or other comments that you provide to us regarding our Programs, including all Intellectual Property Rights therein. You shall, upon the request of Richi Foundation, its successors or assigns, execute any and all documents that may be deemed necessary to effectuate this assignment. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any feedback, suggestions, or other comments, even if it is altered or changed in a manner not agreeable to you. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section. Our receipt of your feedback, suggestions, and other comments is not an admission of their novelty, priority, or originality, and it does not impair our right to any existing or future Intellectual Property Rights.

Use of Richi Foundation Marks. You may not use Richi Foundation or any of its affiliates’ names, logos, or trademarks, without our prior written consent.

Statistical Data. You acknowledge and agree that we have a right to own and complete statistical analyses on your data and information resulting from your or your Users’ use of the Programs (other than any personally identifiable data). We collect such data pursuant to Richi Foundation Privacy Policy for any lawful purpose and without a duty of accounting to you.

DMCA. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content or material on the Programs, the Site or any of its web properties hosted on the Site infringes a copyright owned by you, you (or your agent) may send Richi Foundation DMCA agent a notice requesting that the material be removed, or access to it blocked. This request should be sent to: contact@richifoundation.org, or, alternatively to: RICHI CHILDHOOD CANCER FOUNDATION, INC., Attn: DMCA Registered Agent, 705 ADAMS STREET, HOLLISTON, MA, 01746 USA. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the website should be sent to the address above.

   9. WARRANTY

THE SITE AND PROGRAMS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES, GUARANTEES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, DESIGN, TITLE, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE CANNOT AND DO NOT WARRANT THAT THE APPLICATIONS AND PRODUCTS WILL BE UNINTERRUPTED, AVAILABLE, ACCESSIBLE, SECURE, TIMELY, ACCURATE, COMPLETE, FREE FROM VIRUSES, OR ERROR-FREE. RICHI FOUNDATION DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE PROGRAMS DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK OR ANY OTHER ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, DATA NOT WITHIN RICHI FOUNDATION’S REASONABLE CONTROL.

10. INDEMNIFICATION
Your failure to comply with any of your obligations set forth in these Terms shall be considered a breach of these Terms. You agree to defend, indemnify, and hold harmless Richi Foundation and its officers, directors, employees, agents, successors, and assigns from any and all third party claims, losses, demands, liabilities, damages, settlements, expenses, and costs (including attorney’s fees and costs), arising from, in connection with, or based on allegations of, your or your Users’ breach of these Terms, use of Third-Party Programs, or for any action arising from the Excluded Claims. Further, You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Site.

   11. LIMITATION OF LIABILITY

In no event shall Richi Foundation liability exceed or extend beyond fees or donations paid by you. You hereby assume all risk as a result the use of the Site and participation in the Programs. NEITHER PARTY NOR ITS AFFILIATES WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, BUSINESS, OR DATA; BUSINESS INTERRUPTION; OR LOSS OF GOODWILL OR REPUTATION, REGARDLESS OF WHETHER THE PARTY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING OR ANY LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. State Prohibition of Limitation of Liability and Disclaimer of Implied Warranties. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. IN THESE STATES, EACH PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

   12. MISCELLANEOUS

Updates To Terms. We may revise and update these Terms from time to time, in our sole discretion. Any changes we make to these Terms are effective immediately when we post them. Continued use of our Site and/or Programs after we provide you notice of the updated Terms shall constitute acceptance of the updated Terms.

Export Compliance and Anti-Corruption. The Site may be subject to export laws and regulations of the United States and other jurisdictions. You represent that you are not named on any U.S. government denied-party list. You will not permit Users or any other third party to access or use the Programs subject to a U.S. government embargo or in violation of any U.S. export law or regulation. You further represent that you have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value in connection with the Programs (excluding any reasonable gifts and entertainment provided in the ordinary course of business).

Assignability. Neither party may assign its right, duties, and obligations under these Terms without the other party’s prior written consent, which consent will not be unreasonably withheld or delayed, except that Richi Foundation may assign these Terms, and the licenses granted to Richi Foundation under these Terms, without your consent to a successor (including a successor by way of merger, acquisition, sale of assets, or operation of law) if the successor agrees to assume and fulfill all of Richi Foundation’s obligations under these Terms.

Notices. Except as otherwise specified in these terms, any notices under these Terms must be sent to Richi Foundation by email to contact@richifoundation.org, with a duplicate copy sent via registered mail (return receipt requested) to: RICHI CHILDHOOD CANCER FOUNDATION, INC., 705 ADAMS STREET, HOLLISTON, MA, 01746 USA. Any notices under these Terms that are sent to you shall be sent via email to the named account owner of your Richi Foundation account. You are responsible for maintaining the accuracy of the email address and other contact information of your named account owner on the “Personal Settings” page within the Site.

Force Majeure. Richi Foundation will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond its reasonable control, so long as it uses commercially reasonable efforts to avoid or remove the causes of non-performance.

Governing Law. These Terms will be interpreted, construed, and enforced in all respects in accordance with the local laws of the Commonwealth of Massachusetts, U.S.A.

Venue. In circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflict of law rules. Under such limited circumstances, each party hereby expressly and irrevocably consents to the exclusive jurisdiction and venue of the federal, state, and local courts located in the Commonwealth of Massachusetts in connection with such an action.

Agreement to Arbitrate Disputes. You and Richi Foundation agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Richi Foundation’s Intellectual Property Rights or Payment Terms. In all other cases, both parties hereby agree to submit to arbitration administered by JAMS under its Commercial Arbitration Rule with one (1) arbitrator. You agree that an arbitrator cannot award punitive damages to either party and to abide by and perform any award rendered by the arbitrator. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

No Class Actions. Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.

Waiver and Severability. The waiver by Richi Foundation of any term or condition set out in these Terms shall not be deemed a further or continuing waiver of any other provision of these Terms, and any failure of Richi Foundation to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, unenforceable, or illegal for any reason, such provision shall be limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Independent Contractor. Nothing herein contained shall be so construed as to constitute the parties as principal and agent, employer and employee, partners or joint venturers, nor shall any similar relationship be deemed to exist between the parties. Neither party shall have any power to obligate or bind the other party, except as specifically provided herein.

Entire Agreement. Except for any separate written agreement, these Terms are the final and complete expression of the agreement between these parties regarding your use of the Site and the Programs. These Terms supersede, and the terms of these Terms govern, all previous oral and written communications regarding these matters, all of which are merged into these Terms.