TERMS OF USE

Welcome to the Web Sites of the March of Dimes (the "MOD Web Sites").

These Terms of Use, our Privacy Policy and our Link Policy ("MOD Policies") govern the use of the MOD Web Sites and the information, services, products, messages, and other content and materials ("Materials") provided to our visitors. Your use of the MOD Web Sites constitutes your agreement to these Terms of Use and the MOD Policies.

Use of MOD Web Site Materials

The Materials contained on the MOD Web Sites, individually and collectively, are provided for educational and informational purposes only. The March of Dimes is not engaged in rendering medical advice or recommendations. The Materials are not a substitute for medical advice and treatment or your consultation with qualified physicians and other health care professionals regarding your individual health needs.

We encourage you to take note of the signature date provided at the end of the text of documents contained on the MOD Web Sites. Ongoing advancements in scientific, medical, health care, technology and other related fields may outdate or alter the overall usefulness and accuracy of the Materials we have made available to you. As you view those MOD Web Site documents, please take their signature dates into consideration.

Copyrights

Individual documents provided on the MOD Web Sites for downloading are copyrighted by the March of Dimes and may be downloaded for personal, non-commercial use only. Permission to otherwise reprint, copy, electronically reproduce, or utilize any document on the MOD Web Sites, in part or in whole, is expressly prohibited unless prior written consent is obtained from the March of Dimes. In order to obtain consent please contact the March of Dimes Foundation, 1275 Mamaroneck Avenue, White Plains, New York 10605, (914) 997-4488. To send your request by e-mail, go to Contact Us.

The MOD Web Sites and the contents of the MOD Web Sites, including text, illustrations, graphic material, designs, photographs, video or audio clips, product listings and descriptions, and the organization of the database are protected by copyright and are owned by or licensed to the March of Dimes and may not be reprinted, electronically reproduced or otherwise exploited.

Text, graphics, illustrations, photographs, videos, images and other content that have been posted, uploaded or otherwise submitted by users of the MOD Web Sites are owned by the user and licensed to March of Dimes and may not be reproduced, displayed, modified or distributed in any way.

We encourage you to use the widgets, badges and other tools available on our site. You agree that in using these tools, you will not modify their content, that you will include all copyright notices, without modification, that you will not use them in a manner that would imply endorsement by the March of Dimes of your or any third party's web site, products or services or any causes other than those of the March of Dimes, and that you will not use them in any way that is illegal or harmful to any third party or would demean, defame, embarrass, diminish or cause any harm to the March of Dimes.

Trademarks

March of Dimes© and other March of Dimes event and program names and logos ("MOD Marks") are trademarks or service marks of the March of Dimes Foundation and may not be used without the prior written consent of the March of Dimes, except that you shall have the right and obligation to maintain the name of the March of Dimes appearing in the copyright notice on any Materials.

Creating Accounts and Communicating with March of Dimes

When you sign up to take part in events, submit photographs or video, participate in online discussions or message boards, or purchase products you will be asked to create an account and provide a password. You are responsible for maintaining the confidentiality of your account and password and agree to accept responsibility for all activities that occur under your account or password.

When you communicate with March of Dimes in any way, you may not use a false e-mail address, impersonate any person or mislead as to the origin of your communication. March of Dimes takes no responsibility and assumes no liability for any content represented by you or any third party.

Electronic Communications

When you create an account, purchase products or contact us by email, you are communicating with us electronically and you consent to receive communications from us electronically and agree that such communications satisfy any legal requirement that these communications be in writing.

Online Product Catalog

March of Dimes attempts to be as accurate as possible when describing its products. However, March of Dimes does not warrant that the product descriptions or other content is accurate complete, reliable, current, or error-free.

If you are under 18, you may use the March of Dimes Online Product Catalog only with the involvement of a parent or guardian. March of Dimes reserves the right to refuse service, terminate accounts, or cancel orders in their sole discretion.

Links to March of Dimes Sites

The March of Dimes encourages you to appropriately link to our web site, subject to our Link Policy. You may not frame the content of the MOD Web Sites or use metatags or other "hidden text" that incorporates the March of Dimes name or any MOD Marks without our prior written consent.

Links to Third Party Sites

The MOD Web Sites contain links to other web sites that we think may be of interest to you. The linking to such web sites does not constitute endorsement of those web sites. The March of Dimes has no control over those websites, makes no representation as to the quality, content or accuracy of those web sites, and assumes no liability with respect to them. These web sites are governed by their own terms of use and privacy policies to which you are directed.

Social Networking, Blogs, and Message Boards: User Materials

At certain of the MOD Web Sites, you may post, upload, transmit ("Submit") comments, messages, text, photographs, videos or other content and materials ("User Materials"). By submitting such User Materials, you agree to abide by the following rules:

(1) you may not Submit User Materials that are libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful, that infringe the property rights of others (including, without limitation, another person's copyright or trademark), violate the privacy or publicity right of others, or that are in violation of any law;

(2) you may not Submit User Materials that contain software viruses or other code, files or programs designed to interfere with the functionality of the site or the ability of other visitors to use the site as intended, or interfere in any other way with the use and enjoyment of other visitors to the MOD Web Sites;

(3) you may not use the MOD Web Sites to conduct any activity that is illegal or that violates the rights of others;

(4) you may not use the MOD Web Sites to advertise or sell products or services to others; and

(5) you may not use the MOD Web Sites to send "Spam." For the purposes of this site, Spam is defined as messages to recipients with whom the user does not have an existing business or personal relationship.

When you Submit any User Materials, you represent that such User Materials are unique to you or are used with permission of the copyright holder. You retain the copyright and other ownership rights in the User Materials. However, by submitting the User Materials to the MOD Web Sites you hereby grant to March of Dimes a non-exclusive, perpetual, royalty-free, worldwide, transferable license to copy, transmit, modify, display and otherwise use the User Materials in any and all media in the sole discretion of the March of Dimes in support of its mission and its fundraising efforts.

Registration data and other personal information you provide are subject to the March of Dimes Privacy Policy.

User Materials submitted by users to the MOD Web Sites are the sole responsibility of the person who posts them and any opinions or views expressed are those of the individual users. You understand that you may be exposed to User Materials that may be offensive, indecent or objectionable.

The March of Dimes does not control any User Materials, is not responsible for their accuracy, and is not liable in any way for such User Materials. However, March of Dimes reserves the right in its sole discretion to (i) edit or delete any User Materials submitted to or appearing on the MOD Web Sites, and (ii) refuse access to the MOD Web Sites to any user.

Digital Millenium Copyright Act (DMCA)

March of Dimes respects the intellectual property rights of others. If you believe that any material appearing on the MOD Web Sites has been copied in a way that constitutes copyright infringement, please contact the March of Dimes Agent for Notice of copyright claims as follows:

Anne Chehebar
Legal Department
March of Dimes Foundation
1275 Mamaroneck Avenue
White Plains, N.Y. 10605
Tel: 914-997-4626
Fax: 914-997-4532
Email: legalip@marchofdimes.com

This information is for the purpose of contacting the Agent for Notice of copyright claims only. To contact the March of Dimes for any other reason, please go to our Contact Us page.

Disclaimer

THE MOD WEB SITES AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE MOD WEB SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE. MARCH OF DIMES DOES NOT WARRANT THAT THE SERVICE ON THE MARCH OF DIMES WEB SITES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER SIMILAR FEATURES. MARCH OF DIMES DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MOD WEB SITES OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OF ANY CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OR STATEMENTS AVAILABLE ON OR THROUGH THE MARCH OF DIMES WEB SITES OR THROUGH LINKS ON THE MARCH OF DIMES WEB SITES. THE USE OF THE MARCH OF DIMES WEB SITES IS ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT WILL MARCH OF DIMES, ITS DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, WHETHER OR NOT MARCH OF DIMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO (A) THE USE OR INABILITY TO USE THE MARCH OF DIMES WEB SITES; (B) ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE MOD WEB SITES; OR (C) ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

Governing Law

These Terms of Use shall be governed by the laws of the State of New York applicable to contracts made and performed there, without regard to its conflict of laws principles, and where applicable, the laws of the United States. You agree to submit to the exclusive jurisdiction of the state and federal courts in the State of New York, County of Westchester, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Attorney General Mandated State Disclosure

You may obtain a copy of the March of Dimes annual financial report by writing to March of Dimes Foundation, Box 2000, White Plains, NY 10602 (914) 428-7100.In FLORIDA, A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING 1-800-435-7352, TOLL-FREE WITHIN THE STATE. Our Florida registration number is: CH 569. In Maryland, copies of documents and information submitted by March of Dimes are available for the cost of copies and postage from the Secretary of State, Statehouse, Annapolis, MD21401, 1410-974-5534. In Mississippi, the official registration and financial information of March of Dimes may be obtained from the Mississippi Secretary of State's office by calling 1-888-236-6167. In New Jersey, INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING (973) 504-6215 AND IS AVAILABLE ON THE INTERNET AT www.njconsumeraffairs.gov/ocp.htm#charity. New York residents may obtain a copy of March of Dimes' annual report by writing to the Office of the Attorney General, Department of Law, Charities Bureau, 120 Broadway, New York, NY 10271. In North Carolina, financial information about March of Dimes and a copy of its license are available from the State Solicitation Licensing Branch at (888) 830-4989. In Pennsylvania, the official registration and financial information of March of Dimes may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania, 1-800-732-0999. In Virginia, a financial statement for the most recent fiscal year is available upon request from the State Division of Consumer Affairs, P.O. Box 1163, Richmond, VA 23209, 1-804-786-1343. In Washington, you may obtain additional financial disclosure information by contacting the Secretary of State at 1-800-332-GIVE. West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, WV 25305. REGISTRATION WITH THE AGENCIES DESCRIBED ABOVE DOES NOT IMPLY ENDORSEMENT.

These Terms of Use are subject to change without notice and become effective upon posting. Please check the site periodically for updates.

Effective Date: as of February 1, 2009