Terms & Conditions
This page states the Terms and Conditions under which you, the Web Site visitor (“You”) may use this Web Site, which is owned by Doctors of the World USA, Inc (MdM USA).
By using this Web Site, You agree to be bound by all of the Terms and Conditions set forth below. If You do not accept these Terms and Conditions, please do not use this Web Site. MdM USA may, in its sole discretion, revise these Terms and Conditions at any time; therefore, You should visit this page periodically to review the Terms and Conditions.
Use of Site Material
The contents of this Web Site, such as text, graphics, image and other content (the “Site Material”) are protected by copyright under both United States and foreign laws. MdM USA authorizes You to view and download a single copy of the Site Material for your personal use. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy You make of such material. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site or in a networked environment is prohibited.
The names, marks and logos appearing included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to MdM USA or an affiliated company. The use of these marks, except as provided in these Terms and Conditions, is prohibited. From time to time, MdM USA makes fair use in this Web Site of trademarks owned and used by third parties. Any such marks are clearly noted, and MdM USA makes no claim to ownership of those marks.
MdM USA welcomes Your comments on our Web Site and services. However, You acknowledge that if You send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information, (collectively, the “Information”), the Information shall be deemed, and shall remain MdM USA’s property. By submission of any Information to us, You assign to us and we shall exclusively own all now known or hereafter existing rights to such Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information.
As a user of this Web site, You are responsible for own Your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless You own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually-explicit image; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person.
MdM USA reserves the right to expel users and prevent their further access to this Web Site for violating these terms or the law and reserves the right to remove any communications from this Site. The violation of any of the terms and conditions set forth on this Legal Terms and Conditions page shall result in the immediate revocation of your license to use the Site Material and obligates You to immediately destroy any copies of the Site Material in your possession.
Limitation of Liability
Although MdM USA strives for accuracy in all elements of the Site Material, it may contain inaccuracies or typographical errors. Additionally, while users of this Site are bound by these Terms and Conditions not to submit false material, MdM USA cannot be responsible for the violation of these terms by users, or for the reliance by users upon false or misleading material submitted by other users. MdM USA makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this Web Site or about the results to be obtained from using the Web Site. You use the Web Site and its material at your own risk.
MdM USA does not warrant that the Web Site will operate error-free or that the Web Site and its server are free of computer viruses or other harmful material. If your use of the Web Site or the Site’s material results in any costs or expenses, including, without limitation, the need for servicing or replacing equipment or data, MdM USA shall not be responsible for those costs or expenses.
This Web Site and its materials are provided on an “as is” basis without any warranties of any kind. MdM USA, to the fullest extent permitted by law, disclaims all warranties, including the warranty of merchantability, non-infringement of third parties rights, and the warranty of fitness for particular purpose. Although MdM USA strives to provide through and accurate materials on its Site, we make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
Disclaimer of Consequential Damages
In no event shall MdM USA, its affiliates, or any third parties mentioned on the Site be liable for any damages whatsoever (including, without limitation, incidental, consequential or punitive damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use material on this Web Site or sites linked to this Web Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not MdM USA is advised of the possibility of such damages.
This Web Site contains links to web sites owned by third parties. These links are provided solely as a convenience to You and are not an endorsement by MdM USA of the contents on those other sites. MdM USA is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If You decide to visit any third-party sites using links from this Web Site, You do so at your own risk.
By using this Web Site, You agree to defend, indemnify, and hold harmless MdM USA, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that MdM USA may become obligated to pay arising or resulting from your use of the Site Material or your breach of these Terms and Conditions. MdM USA reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
We respect your privacy interests and operate this Site by these principles. We have taken reasonable steps to ensure the integrity and confidentiality of personally identifiable information that you may provide.
Voluntary Submission of Information
You may use the site without disclosing personally identifiable information, and we will not obtain such information about you unless you choose to submit it to us. Any information you submit will be used to create a better experience for visitors to our site and for internal marketing purposes; it will not be provided to third parties. Submission of information authorizes such internal use by MdM USA and its employees.
Please note we use “cookies,” which are small files stored on your computer’s hard drive that are used to track certain information. These cookies enable us to track and target the interests of our users to enhance their experience on our site. For example, cookies usually allow your browser to remember which pages you have visited and help us to know how much traffic our pages receive. This process does not reveal any personal information about the person viewing the page unless the person has previously given such information. If you find cookies objectionable, please consult your browser’s documentation for information on how to block or erase cookies.
In addition, the MdM USA web server collects and saves the information customarily logged by World Wide Web server software. Our logs contain the following information for each request: date, time, originating IP address and domain name, object requested and completion status of the request. We use these logs to help improve our service by evaluating the level of demand for our site and the types of errors that occur. These logs may be kept for an indefinite length of time, used at any time and in any way necessary to prevent security breaches and to ensure the integrity of the data on our servers.
Use of Collected Information
Any information we gather, whether submitted voluntarily or collected automatically, will be used for our internal purposes only. It is MdM USA’s policy not to disclose or to sell any information to third parties. Notwithstanding this policy, MdM USA retains the right to disclose collected information if required to do so by law or if acting on a good faith belief that such disclosure is necessary to protect our rights or property or to respond to an emergency situation.
Review, Update and Deletion of Collected Information
If you are concerned about the information you have provided to us or would like to review, update, or delete this information, please e-mail us at firstname.lastname@example.org. We will make reasonable efforts to comply with your requests.
This site takes reasonable precautions to protect our users’ information. Our web and database servers operate in a locked facility; data is stored in a secure database behind a firewall. Please note, however, that electronic transmissions via the Internet are not necessarily secure from interception, and MdM USA does not guarantee the security or confidentiality of transmissions. MdM USA reserves the right to update or otherwise alter its security practices if and when it seems appropriate to do so. As with our Terms and Conditions, you should check our security provisions each time you visit our site to identify and understand any changes made since your previous visit.
Notification of Changes
This Web Site originates from New York, New York, U.S.A. MdM USA does not claim that the Site Materials on this Web Site are appropriate or may be used outside of the United States. Access to the Site Materials may not be legal by certain persons or in certain countries. If You access the Web Site from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms and Conditions are governed by the substantive laws of the State of New York, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the State of New York with respect to any dispute, disagreement, or cause of action related to or involving this Web Site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Web Site, these Terms and Conditions constitute the entire agreement between You and MdM USA with respect to your use of this Web Site.
Last updated May 30, 2013
Information we collect and how we may use it
If you are a customer of Trail Software, we collect certain information about you in order to provide you with our donor management system and/or online payment service (the "Service"). When you register for the Service we will request some PII such as your name and email address, and information about your organization such as the name of your organization, Tax ID, mailing address, and tax designation. Furthermore, if you are opening a merchant account, Trail Software may also obtain information about you from third party sources, including, without limitation, consumer reporting agencies. This information is used to contact you about the services on our Site for which you have expressed an interest. As part of the Service, we may also collect donor information on behalf of your organization. Except as may be expressly set forth herein, we will not use any donor information collected on your behalf for any purpose other than to provide the Service. Any tax or financial information we collect is used only to bill you for the Service. If you purchase the Service by credit card, this information will be transmitted to our credit card merchant account provider, and may be forwarded to your credit card provider. We do not store credit card information.
If you are a donor for a Trail Software customer, we collect certain information from you in order to process your donation ("Donor Information"). Trail Software will use Donor Information during the course of providing the Service to such Trail Software customer. Trail Software may also use Donor Information at an aggregate level for internal business analyses and fraud prevention. During the course of providing the Service to Trail Software customers, Trail Software may disclose Donor Information to banks, processors, card associations, and other financial institutions that are involved in the course of processing or screening the transaction applicable to the Donor Information.
We may use PII for internal purposes, such as registering you as a user on this Site, marketing and promotion, to provide you with other products and services, or to contact you regarding administrative notices, offerings, or communications relevant to you on this Site. In addition, we may use PII to provide products or services that you have requested as well as for auditing, research, and analysis to improve Trail Software's products and services.
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When we disclose your information
Trail Software takes your privacy very seriously. The information we collect is used to provide the Service, and, in general, is not shared with or sold to other organizations for commercial purposes. However, there are times when it may be advantageous for Trail Software to make certain PII about you available to companies that Trail Software has a strategic relationship with or that perform work for Trail Software to provide products and services to you on our behalf. These companies may help us process information, deliver products or services to you, provide customer service, manage and enhance user data, assess your interest in our products and services, or conduct user research or satisfaction surveys. We may also disclose your PII, if you have authorized us to act on your behalf to initiate the creation of a merchant account for the purpose of accepting donations by credit card.
At times we may be required by law or litigation to disclose your PII. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.
In addition, Trail Software may sell, transfer or otherwise share some or all of its assets in connection with a merger, acquisition, reorganization or sale of assets, or in the event of bankruptcy. In such an event, PII may be one of the assets transferred.
How we protect your personal information
Trail Software takes precautions to safeguard your PII against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission that can be guaranteed against any interception or other type of misuse.
You can help us by also taking precautions to protect your personal data when you are on the internet. Do not share your registration information with anyone, and make sure you use a secure web browser.
Accessing your information
This Site may contain web pages through which you can correct or update some of the PII you have provided to us. Trail Software will make a good faith effort to make requested changes and correct your data if it is inaccurate or delete the data if we are not required to retain it by law or for legitimate purposes.
Cookies and other technologies
To make this Site more useful to you, we automatically gather general statistical information about this Site and its visitors, such as IP addresses (and information tied to IP addresses, such as screen size, color depth, language, java enabling, flash version, page title, host name, referring source, and page path), browsers, pages viewed, number of visitors, services purchased, etc. In doing so, we do not reference you by name, email, mailing address, or any similar PII. We use this data in the aggregate to learn about our visitors and to improve our ability to cater to their needs. We may use third party vendors to gather general statistical information about this Site and its visitors as well as to perform certain services on behalf of this Site, such as hosting this Site, designing or operating this Site's features, or performing other administrative services. We may provide these companies with access to your PII to carry out the services they are performing for you or for Trail Software.
Your California Privacy Rights
If you are a California resident and request information about how to exercise your third party disclosure choices you must send a request to email@example.com.