Privacy Policy

The San Francisco AIDS Foundation Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.  The San Francisco AIDS Foundation (the "Foundation", "we," "us"), a California corporation, provides this web site and all web site-related services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in these terms of use (these "Terms of Use").  These Terms of Use govern the relationship between the Foundation and you, the Site visitor and/or member ("you", "your") with respect to your use of the Site.  It is important that you read carefully and understand the terms and conditions of these Terms of Use.  Any rights not expressly granted herein are reserved.  By using the Site, you agree to be bound by these Terms of Use.  If you do not agree to these terms and conditions, please do not use the Site.

We reserve the right at any time to change the terms and conditions of these Terms of Use, change the Site, including eliminating or discontinuing any content on or feature of the Site, or change any fees or charges for use of the Site.

Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site.  Your continued use of the Site following such notice will be deemed acceptance of such changes.  Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Use.  Upon our request, you agree to sign a non-electronic version of these Terms of Use.

1.              Materials.  The information and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons and links (collectively, the "Materials"), are intended to educate and inform you about the Foundation and its various services, programs, and initiatives (including without limitation, fundraising activities) relating to preventing the spread of HIV, as well as improving the quality of life for people living with HIV or AIDS.  You may only download the Materials displayed on the Site, or use the downloaded Materials solely for your personal, non-commercial use.  The Materials remain the property of the Foundation or its licensors or suppliers.  You will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and you will otherwise comply with the terms and conditions of these Terms of Use.  The Foundation cannot guarantee that technical difficulties will not occur during the download of the Materials or that the Materials will download successfully.  Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of the Materials.  If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein.  You may not otherwise reproduce, display, publicly perform, or distribute the Materials in any way for any public or commercial purpose. 

2.              Subscriptions.  Some areas of the Site may require you to be or become a registered member of the Site.  When and if you register to become a member, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete.  You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate these Terms of Use and your use of the Site.

As part of the registration process, you may be asked to select a username and password.  We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.  You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party.  If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting http://www.sfaf.org and immediately notify us of the problem by emailing us at feedback@sfaf.orgYou are entirely responsible for maintaining the confidentiality of your USERNAME and password and for any and all activities (INCLUDING PURCHASES, AS APPLICABLE) that ARE CONDUCTED through your account.

3.              Code of Conduct.

In connection with Submissions (as defined below) and your use of the Site, you agree that you will not (collectively, the "Codes of Conduct"):

  • Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
  • Use the Site or Materials for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Make a Submission or otherwise transmit material that (a) is copyrighted, protected by trade secret or otherwise subject to third party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (b) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or could give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (c) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; (d) is non-public information about companies without the authorization to do so; or (e) is an advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • Engage in spamming or flooding;
  • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
  •   Remove any copyright, trademark or other proprietary rights notices contained in the Site;
  • "Frame" or "mirror" any part of the Site without our prior written authorization;
  • Link to any page of or content on the Site other than the URL located at http://www.sfaf.org, http://www.aidshotline.org, http://www.aidslifecycle.org, http://www.begreaterthanone.org, http://www.tspsf.com, http://www.magnetsf.org, http://www.stonewallsf.org, or http://www.tweaker.org (as applicable);
  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
  • Harvest or collect information about Site visitors or members without their express consent;
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  • Access, reload or "refresh" transactional event pages, or make any other request to transactional servers, more than once during any three second interval; or
  • Request more than 1,000 pages of the Site in any twenty-four hour period, whether alone or acting in concert with a group of individuals.

While using the Site and the Materials, you agree to comply with all applicable laws, rules and regulations.

4.              Making purchases.  If you wish to purchase products or services described on the Site, you will be asked by the Foundation or the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other information.  You understand that any such information will be treated by the Foundation in the manner described in our Privacy Policy.  You agree that all information that you provide to the Foundation or such third party provider will be accurate, current and complete.  You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred.  You will also be responsible for paying any applicable taxes relating to your purchases.

Descriptions or images of, or references to, products or services on the Site do not imply the Foundation's endorsement of such products or services.  We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you.  Verification of information applicable to a purchase may be required prior to the Foundation's acceptance of any order.  Price and availability of any product or service are subject to change without notice.  Current rates for any product or service available through the Site may be obtained by sending an email to feedback@sfaf.org.

5.              Information Provided by the Foundation.  Although the Foundation strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change.  In addition, the facts and circumstances of every situation differ.  Accordingly, although the Foundation endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.

In addition, portions of the Materials have been contributed to the Site by various entities and service providers.  The inclusion of such information does not indicate any approval or endorsement thereof, and the Foundation expressly disclaims any liability with respect to the foregoing. 

The Foundation hopes and believes that the Materials will be helpful as background reference, but they should not be construed as legal, medical, or other professional advice on any subject matter.  The Foundation has endeavored to comply with legal and ethical requirements known to the Foundation personnel who compiled this Site, but the Foundation is not engaged in rendering legal, medical, or other professional services, and availability for use of the Materials is not intended to create, and does not create, any attorney-client, doctor-patient, or other professional services relationship.  Use of the Materials is not an adequate substitute for obtaining legal, medical, or other professional advice from a licensed provider in your jurisdiction.  You agree that you will not act or refrain from acting based on any of the Materials without first seeking the services of a competent professional.

6.              Submissions and Postings.  Please note that, because (a) we and our designees host message boards, blog feeds and other forums found on the Site (collectively, the "Forums") and (b) you may have the ability to provide, post or upload to the Foundation text, photographs or other media content which we would redistribute, we require certain rights in those materials.  Accordingly, by sending or transmitting to us creative suggestions, ideas, notes, concepts, information, photographs or other materials (collectively, "Submissions"), or by posting such Submissions to any area of the Site, you grant us and our designees a perpetual, worldwide, non-revocable, non-exclusive, unlimited, transferable, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, display (publicly or otherwise), store, digitally perform, publish (on the Site, on any other website(s), in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize each Submission, or any portion thereof, in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, in the Foundation's sole discretion, in any way, in any and all media, without limitation and without any compensation or acknowledgment to you or any third party.  None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.

You further acknowledge that the Foundation is under no obligation to post, display or otherwise use any Submission.  You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Foundation or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of a Submission, or any derivative works thereof, infringe any of your rights as creator of the Submission, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights or "droit moral."

The Foundation does not endorse any Submission or any opinion, recommendation or advice expressed therein, and the Foundation expressly disclaims any and all liability in connection with Submissions.  The opinion(s) expressed in any Submission reflects solely the opinion(s) of the user submitting such Submission and does not reflect the opinion(s) of the Foundation.  If notified by a user of a Submission that allegedly does not conform to these Terms of Use, the Foundation may investigate the allegation and determine in good faith and in its sole discretion whether to remove the Submission.

You understand that when using the Site, you will be exposed to Submissions from a variety of sources, and that the Foundation is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourage any such conduct, or that otherwise violate any of the Codes of Conduct, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Foundation with respect thereto, and agree to indemnify and hold the Foundation, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and each Submission; to alter or remove any Submission at any time; to disclose any Submission and the circumstances surrounding their transmission to any third party or governmental or regulatory entity in order to operate the Site properly; to protect ourselves, our sponsors and our users and visitors; and to comply with legal obligations or governmental requests.

Subject to the rights and licenses you grant to the Foundation under these Terms of Use, you retain all rights to the ownership and use of your Submissions.  By submitting a Submission you certify that either (i) you are eighteen (18) years old or are an emancipated minor and have the right to submit the Submission and grant the licenses provided hereunder, or (ii) you have obtained your parent's or legal guardian's express consent to submit the Submission and to grant the licenses provided hereunder.

You shall be solely responsible for your own Submissions and the consequences of posting or publishing them.  In connection with Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to the Submissions and to grant the rights and licenses to the Foundation under all trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all Submissions in the manner contemplated by the Site and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person in the manner contemplated by the Site and these Terms of Use.

7.              Forums.  Our Forums are designed for users and members of the Site to comment on any Materials and share information regarding the products and services offered on the Site.  You acknowledge that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive.  We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the Foundation community or others.  The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of the Foundation.  We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information.  Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.

You acknowledge and agree that we have the right (but not the obligation) to monitor the Forums and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum); 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 and our members and visitors; and to comply with legal obligations or governmental requests.

8.              Links.  The Site contains links to other Internet web sites, including affiliated web sites which may or may not be owned or operated by the Foundation.  The Foundation has not reviewed all of the web sites that are linked to the Site, and the Foundation has no control over such sites.  Unless otherwise explicitly stated, the Foundation is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that the Foundation offers such links does not indicate any approval or endorsement of any material contained on any linked site.  The Foundation is providing these links to you only as a convenience.  Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site.  Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

9.              Claims of Copyright Infringement.  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 materials hosted by the Foundation infringe your copyright (for example, materials posted by the Foundation on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.  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 (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the Foundation to locate the material on the Site; (d) the name, address, telephone number and email address (if available) 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 by the Foundation against you, the DMCA permits you to send the Foundation a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.  Notices and counter-notices with respect to the Site should be sent to The San Francisco AIDS Foundation, 995 Market Street, Suite 200, San Francisco California 94103.  We suggest that you consult your legal advisor before filing a notice or counter-notice.  Also, be aware that there can be penalties for false claims under the DMCA.

10.            Ownership and Restrictions on Use.  The Site is owned and operated by the Foundation in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of the Foundation and its licensors and suppliers.  The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable.  You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Site in any way without our prior written permission.  The Materials may be used solely to the extent necessary for your authorized use of the Site, as provided in these Terms of Use or as expressly authorized in writing by the Foundation or, if so indicated in writing by the Foundation, its licensors or suppliers.  Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.  You acknowledge that you do not acquire any ownership rights by using the Site or the Materials. 

The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of the Foundation, the Foundation's licensors and suppliers, and others.  The Trademarks owned by the Foundation, whether registered or unregistered, may not be used in connection with any product or service that is not the Foundation's, in any manner that is likely to cause confusion with customers, or in any manner that disparages the Foundation.  Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of the Foundation, the Foundation's licensors or suppliers, or the third party owner of any such Trademarks.  Misuse of any Trademarks is prohibited, and the Foundation will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

11.            Access By Minors.  Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

12.            Jurisdictional Issues.  The Site is solely directed to individuals residing in the United States.  We make no representation that Materials available on or through the Site are appropriate or available for use in other locations.  Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the Site and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program or other product that we provide.

13.            Termination.  We reserve the right to immediately terminate these Terms of Use, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause.  Upon termination of these Terms of Use by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of these Terms of Use or otherwise.

14.            Disclaimers.  THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE Foundation AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.  Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.  THE Foundation AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO.  YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON.  NO OPINION, ADVICE OR STATEMENT OF THE Foundation OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE Foundation SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODES OF CONDUCT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE Foundation, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE.  THE Foundation DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE Foundation WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.  YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that the Site, Materials or Forums could include inaccuracies or errors, or information or materials that violate these Terms of Use (specifically, the Code of Conduct above).  Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, Materials or Forums.  Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness.  In the event that a situation arises in which the Site's completeness or correctness is in question, please contact us at feedback@sfaf.org with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you.  We will try to address your concerns as soon as reasonably practicable.  For copyright infringement claims, see the section on "Claims of Copyright Infringement," above.

15.            Limitation of Liability.  NEITHER THE Foundation NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE.  THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE Foundation FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

16.            Indemnification.  You agree to indemnify, defend and hold the Foundation, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use, including any violation of the Code of Conduct, above; (b) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.

17.            Questions.  The Site is provided by the Foundation.  If you have any questions, comments or complaints regarding these Terms of Use or the Site, feel free to contact us at feedback@sfaf.org

18.            Notice for California Users.  Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice:  The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California  95814, or by telephone at (916) 445-1254 or (800) 952-5210.

19.            Miscellaneous.  These Terms of Use are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law.  You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of San Francisco, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.  If any provision of these Terms of Use are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  This is the entire agreement between you and the Foundation relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and the Foundation with respect to such subject matter. These Terms of Use are not assignable, transferable or sublicenseable by you except with the Foundation's prior written consent.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained in these Terms of Use are inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

 

 

The San Francisco AIDS Foundation Privacy Policy

Effective Date: January 1, 2009

This website (the "Site") is owned and operated by the San Francisco AIDS Foundation (the "Foundation", "we", "us").  Your privacy is important to the Foundation.  This Privacy Policy outlines the types of personally identifiable information (such as your email address, first and last name, phone number, and address) and other information (such as cookies and log files that, when linked to your name or contact information, allows us to personalize your visit) that we gather while you are visiting the Site, as well as ways in which we process and disseminate such information.

The Foundation reserves the right to change, modify, add, or remove provisions of this Privacy Policy.  Any changes to this Privacy Policy will be posted here, and we encourage you to check back from time to time to ensure continuing familiarity with the most current version of our Privacy Policy.  At the top of this page, we will indicate the "Effective Date" of the most recent version of the Privacy Policy; this will allow you to determine whether the Privacy Policy has been revised since your previous visit to the Site.

Please read this Privacy Policy as well as the Terms of Use carefully.  Your use of the Site constitutes your acceptance to be bound by this Privacy Policy and the Terms of Use without limitation, qualification or change.  If at any time you do not accept all the terms and conditions contained herein and in the Terms of Use, you must immediately discontinue use of the Site.

What Information We Collect.

Non-Personally Identifiable Information.

When you enter the Site, information is gathered from your Internet browser.  This information may include your IP address and log files (which allows us to determine the identity of your Internet Service Provider), your operating system and the type of browser software that you are using to access the Site.  All information obtained from your browser is anonymous, and no personal information is ever transmitted to us in this manner.

The Site may use a standard technology called a "cookie", or web beacons or other similar technology to collect information about how you use the Site.  Cookies reside on your computer and help the Site recognize your computer's browser as a previous visitor.  In addition, on occasion the Site may also set a "session cookie" which helps us administer the Site.  The session cookie expires when you close your browser and does not retain any information about you after it expires.

If you use a standard web browser, you should be able to modify your browser preference to provide you with choices relating to cookies; for example, you should have the choice to accept all cookies, to be notified when a cookie is set or to reject all cookies.  If you choose to reject cookies, you may be unable to use certain Site services (e.g., those services that require you to log on to the Site).  For more information on modifying your browser preference, please refer to the documentation accompanying your browser.

Personally Identifiable Information.

We do not collect any personally identifiable information from you without your knowledge.  The only personally identifiable information that we collect about you as a result of your visit to the Site is limited to such information that you may voluntarily submit to the Foundation by filling out registration, membership and/or donation forms found on the Site.  The information requested in such forms may include, but is not limited to:

  • first and last name;
  • email address;
  • mailing address;
  • telephone number;
  • personal demographic information (such as gender, ethnicity, sexual orientation, and political party preference); and
  • fax number.

The Foundation may also from time to time request additional information that is helpful or necessary for running the Site and providing products, services and information.

Transactions With E-Commerce Partners, Vendors and Advertisers

When you provide personally identifiable financial information and other personally identifiable information to one of the Site's e-commerce partners, vendors or advertisers, this transaction will occur in connection with the site of the e-commerce partner, vendor or advertiser, not on the Site, and, as such, the financial and other personally identifiable information you provide is collected pursuant to and controlled by the privacy policy of such e-commerce partner, vendor or advertiser.  The Foundation is not responsible for such parties' privacy policies and we encourage you to familiarize yourself with the applicable privacy policy of the e-commerce site with which you transact business or to contact the operator of such site for more information.

Shopping/Commercial Services

The Site may offer merchandise and/or services, which may be offered by us or by an entity that operates a store under contract with us.  If the Site offers shopping or other commercial services, you will use a customer order form to request information, products, and services.  The order form will ask you to give us personally identifiable information (such as name, email address, mailing address, and telephone number), financial information (such as account or credit card numbers), and demographic information (such as zip code or age).  We will use your mailing address to fulfill orders of merchandise as well as to send you announcements and notifications that may be of interest to you.  We will use the financial information that you provide to bill you for products and services.  By giving the Site your credit card and related personal information, you are authorizing us to give that information to the merchant (if the merchant is a separate entity) and credit card company in order to confirm and fulfill your order.  We may use your email address or mobile telephone number's messaging capability to send you special announcements or notifications of events or services that may be of interest to you and to verify and authorize the use of your credit card for services for which you have registered or requested.

Online Surveys/Sweepstakes and Contests

From time to time, we conduct online surveys and offer online sweepstakes or contests on the Site.  These will ask you for your personally identifiable information (such as name or email address) and demographic information (such as zip code or age), as well as any other contact information necessary (such as a physical address) for us to provide notifications or deliver requested materials related to the survey, sweepstakes or contest.  We may use this information from our surveys, sweepstakes and contests to provide you with information about the Foundation and promotional material on behalf of some of our partners, and to contact you when necessary.  Please note that we may post relevant privacy information in the official rules and/or registration area for the sweepstakes or contest.  That privacy information, to the extent it conflicts with this Privacy Policy, will govern that particular sweepstakes or contest.

Donations

In order to make a donation on our Site, you must first complete a donation form, which will ask you to give us personally identifiable information (such as name, email address, mailing address, and telephone number), and financial information (such as account or credit card numbers).  We will use your mailing address for billing purposes, as well as to send you donation and tax receipts.  By giving the Site your credit card and related personal information, you are authorizing us to give that information to a credit card company to complete your donation or recurring pledge.

Upon making a donation or recurring pledge, you will receive a brochure highlighting the critical services of the San Francisco AIDS Foundation.  Included in the welcome brochure is a solicitation preferences form, which allows you to update contact information, select contact solicitation preferences, and inquire about other ways to support the San Francisco AIDS Foundation.

Public Forums and Other Interactive Features

Because the Foundation reserves the right to use content created or provided by you in connection with our chat room, forum, message board or news groups, to the extent that you include personally identifiable information in such content, the Foundation may republish such personally identifiable information, as part of the content, in connection with the Site and promotion thereof.   If we republish your content, we may provide authorship credit by listing your member name as well.  Please be aware that when you disclose personally identifiable information in a chat room, forum, message board or news groups on the Site, the information may become public and accessible to all or a part of the Site community and can in turn be used by those people to send you unsolicited communications, so it is important for you to exercise discretion and appropriate caution when deciding to reveal personal information in these areas.  For example, your e-mail address may be available to other Site members, who may send unsolicited e-mail to you.  In the event that you encounter any Site user who you believe is improperly collecting or using information about you or other users, please notify us immediately at feedback@sfaf.org.

Compliance With Applicable Law.

The Foundation may also access and disclose personally identifiable information in the event that we believe, in the Foundation's discretion, that such action is reasonably necessary to comply with government requests; to enforce the Terms of Use or other published guidelines; to protect the Foundation, its users or others; to respond to circumstances that we feel constitute an emergency; or as otherwise required or permitted by applicable law.  Please be aware that, in connection with the foregoing, the Foundation may provide information about you gathered through other sites controlled, owned or operated by the Foundation or the Foundation's affiliates to the extent permitted under the applicable privacy policy governing collection and use of such information.

How We Use Information We Collect.

Non-Personally Identifiable Information.

We may use non-personally identifiable information to measure the number of visits, average time spent on the Site and pages viewed as well as to diagnose problems with our servers and to administer the Site. We may then use this information to analyze and improve the features and functionality of the Site.

Personally Identifiable Information.

The Foundation uses your personally identifiable information for purposes that include, but may not be limited to: sending you notifications of special offers, new offerings, products or other services targeted to your interests, newsletters, action alerts, press releases, information about the Foundation programs, local volunteer opportunities and donation appeals, and to contact you when reasonably necessary.

Sharing

To obtain the names of potential new supporters, the Foundation rents lists belonging to like-minded organizations from trusted third parties. Because of the high cost of renting lists, the Foundation will also, at times, exchange its supporter contact list for another non-profit organization's list, for a one-time use only. This is intended to allow each organization to communicate with a broader audience about community events, policy concerns, fundraising endeavors, and other information that is likely to be of shared interest.  If supporters wish to be excluded from this sharing program, they may indicate their preference by checking the "opt-out" box provided on the 'solicitation preferences' form that is included with the welcome brochure.  Supporters may also choose to be excluded at a later date according to the Opt-In/Opt-Out Policy below.

Opt-In/Opt-Out Policy

When you supply the Foundation with personally identifiable information in connection with the Site, you may be asked to indicate whether you are interested in receiving information from us about our product and service offerings.  If you do choose to opt-in, you will receive such communications in accordance with your "opt-in" consent.  You may, of course, choose not to receive additional information from us as follows:

  • At any time, you can follow a link provided in our commercial email messages (but excluding e-commerce confirmations and other administrative emails) to unsubscribe from that particular mailing list or email service; or
  • At any time, you can contact us directly at feedback@sfaf.org or via phone at 415-487-3092.

If you decide to contact us to change your contact preference to "Do Not Contact Me", the Foundation will implement this change within ten (10) business days after your request.  Please be aware that your requested change will not be effective until the Foundation implements such change.  In addition, please keep in mind that even if you opt-out from receiving communications from the Site, residual information about you will remain within the Foundation databases, access logs and other records, which may or may not contain such personally identifiable information. The residual information will not be used for commercial purposes; however, the Foundation reserves the right, from time to time, to contact former customers or users of the Site for administrative purposes or in order to comply with applicable law.

Please note that the Foundation reserves the right to change its opt-in/opt-out practices by modifying or updating this Privacy Policy as set forth above.

Children's Personal Information

Consistent with the Children's Online Privacy Protection Act:

This Site does NOT collect, use, or disclose personal information (including online contact information) of children under the age of 13.  In the event that a child under the age of 13 attempts to register or make a purchase on the Site, we will NOT accept the registration and will delete information received from the child.  In the event that a child posts personal information in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.

Security Precautions.

The Foundation employs reasonable security measures consistent with standard industry practice, for information collected through the Site.  However, you should exercise discretion with respect to the submission of any personal or financial information to the Site.  Transmitting information via the Internet is never completely secure and, therefore, any information submitted may be intercepted, collected, used or disclosed by others.  We cannot, and do not, guarantee that information supplied by users will not be accessed on our servers, or intercepted, collected, used or disclosed by others while being transmitted to or from the Site over the Internet.

Links to Other Websites.

The Site may contain links to other websites, which may or may not be owned or operated by the Foundation.  All links to websites not part of the Foundation are made without any representations or warranties relating to the integrity, security or legitimacy of such websites.  We are not responsible for the privacy practices or the content of websites that are not owned and operated by the Foundation, including such sites' use of any information (such as IP number, browser type or operating system) collected when visitors to the Site click through links to those sites.  This Privacy Policy cannot and does not apply to external websites and, once you leave the Site, you are subject to those websites' privacy policies and procedures.  We strongly encourage you to become familiar with the privacy practices and privacy policies of external websites before providing personally identifiable information.  If you have concerns about any linked website, please contact us.

Legal Construction of this Privacy Policy.

This Privacy Policy and the Terms of Use provided on the Site are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law.  You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of San Francisco, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained in this Privacy Policy is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

If any provision of this Privacy Policy, or the application thereof to any person or circumstances, is held to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Privacy Policy and shall not affect the validity and enforceability of any remaining provisions.  Unless expressly provided otherwise, this Privacy Policy and the Terms of Use presented on the Site comprise the entire agreement between you and the Foundation with respect to the use of the Site and shall not be modified except in writing, signed by an authorized representative of the Foundation.

European Union and Other Foreign Nations

The Site is governed by and operated in accordance with the laws of United States of America. The Foundation makes no representation that the Site is governed by or operated in accordance with the laws of other nations.  By using the Site and submitting any personal information, visitors from outside of the USA acknowledge the Site  is subject to USA law, consent to the transfer of personal data to the USA, and waive any claims that may arise under their own national laws.

Contact Us.

If you have any questions about the Foundation, the Site or this Privacy Policy, please contact us by clicking on the Contact Us link on the Site.