Terms of Use
Last updated October 24, 2023
Welcome to the Matthew Larson Foundation for Pediatric Brain Tumors (“we,” “our,” “IronMatt”), as well as our sub-websites, mobile applications, online products and services, and offline communications and events (the “Site”). The content and services available on the Site are subject to the following terms of use (“Terms”).
We may, from time to time, revise these Terms. The date of the last revision will be available at the top of this page.
By visiting the Site, you are acknowledging and accepting these Terms. Your continued use of the Site after changes have been posted to the Terms will constitute your acceptance of such changes.
Privacy Policy
Please review our Privacy Policy, which also governs your visit to the Site. Your use of the Site constitutes your agreement to the Privacy Policy and, if you do not agree with the Privacy Policy, you are not authorized to use the Site. The terms of the Privacy Policy are incorporated in these terms by reference.
Intellectual Property
Copyrights: All content available on the site, including but not limited to text, graphics, logos, buttons, icons, images, audio, video, data compilations and software, and the compilation thereof, and the look and feel of the site, is the copyright and property of IronMatt, our affiliates, partners, or licensors, and is protected by United States and international copyright laws.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress displayed on the Site are the registered and unregistered marks of IronMatt, our affiliates, partners, or licensors, in the United States and other countries, and are protected by United States and international trademark laws. IronMatt owns trademarks for the names IronMatt™, IronKids™, and Matthew Larson Foundation for Pediatric Brain Tumors™, as well as service marks for program and event logos.
Except as set forth in the limited license section below, or as required under applicable law, neither the copyrights, trademarks, other intellectual property nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
Limited License
We grant you a limited, revocable and nonexclusive license to access and make personal use of the Site. This limited license prohibits and does not permit you to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify, download, reverse engineer or decompile the Site or content (except caching or as necessary to view the Site); (iii) make any use of the Site or content other than personal use; (iv) create any derivative work based upon the Site or content; (v) collect another’s account information for the benefit of yourself or another party; (vi) use any meta tags or any other “hidden text” utilizing our name or the trademarks or to otherwise use the trademarks; (vi) use software, automated devices, robots, spiders, crawlers, scripts or similar data gathering and extraction tools or otherwise collect and/or use any product listings, descriptions, price or similar information; or (vii) take any other action that may impose an unreasonable burden or load on our infrastructure or interfere with the operation of the Site or that may adversely affect performance of the Site or restrict IronMatt or its users from using or enjoying the communication services or the Site.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of www.ironmatt.org for personal, noncommercial use only. A third-party Site that links to www.ironmatt.org (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such Site or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial or damaging to the goodwill associated with our name and trademarks, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services in a false, misleading, derogatory or otherwise offensive or objectionable manner, or associate us with undesirable products, services or opinions; (vi) may not use our name or trademarks other than in identifying the link; www.ironmatt.org and (viii) must display www.ironmatt.org on full-screen and not within a “frame” on the linking Site. We may, in our sole discretion, request that you remove any link to www.ironmatt.org, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Site terminates the limited license set forth in this section without prejudice to any other remedy provided by applicable law or these terms. Upon any such termination, you shall immediately remove any hyperlink to the Site.
Medical Disclaimer
You acknowledge that the information on the Site is provided “as is” for general information only. It is not intended as medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs.
Social Media
Our Site may contain social media features such as the Facebook Like button and widgets for other social media, such as X, YouTube and Instagram. These social media features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly.
Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy and terms of use of the company providing the feature or widget. You should carefully review the terms and conditions and privacy policies.
Please be mindful that not all accounts, usernames, sites, handles, pages, etc., that make use of the name “IronMatt” are actually provided by us. Additionally, we may not respond to comments or questions posted via social media. If your submission to our social media pages or feeds contain questions or comments for IronMatt, we may respond publicly or privately; however, we encourage anyone with questions or comments to visit our website at www.ironmatt.org or to email us at info@ironmatt.org.
Reviews, Comments, Communications and Other Content
IronMatt shares information, testimonials, thank-you notes, and other content to grow awareness of and support the work we do in our fight against pediatric brain tumors. Any content shared with us is considered “User Content.”
The Site contains areas for the IronMatt team to share your story, comments, images, videos, and/or other content. You retain all rights to your User Content. You acknowledge that your User Content may become available to others on the Site and elsewhere. You agree to share User Content that is appropriate for general audiences and is not confidential or private.
In addition to your obligations stated elsewhere in these terms, you also agree that the following actions are prohibited and a material breach of these terms. By way of example and not limitation, you agree that you will not:
(1) Aggregate, copy, duplicate, publish or make available any content to third parties outside the Site in any manner.
(2) Defame, abuse, harass, stalk, threaten or otherwise violate the privacy or publicity rights of others, or impersonate anyone else or misrepresent your identity or affiliation.
(3) Share content that violates any individual’s privacy or is protected by intellectual property laws or other laws, unless you own or control the rights or interests or have received all necessary consents or permissions.
(4) Share or transmit files that contain viruses, malware, disabling code, corrupted files or any other similar software or programs that may damage the operation of another’s computer or systems.
(5) Engage in any action that, in our judgment and after we notify you, exposes us or any third party to potential liability or detriment of any type.
You grant IronMatt and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display your User Content in any form throughout the world in any media whether now known or hereafter developed, alone or as part of other works.
You further grant IronMatt and our affiliates the right to use the name that you submit in connection with such content in our sole discretion. You represent and warrant that you own or otherwise control all rights to the User Content that you share with us, that the User Content is accurate, use of the User Content does not violate these terms and will not cause injury to any person or entity.
You waive the right or opportunity to inspect or approve such use, and any obligation to identify you in connection with a submission or User Content.
You agree to indemnify IronMatt, its subsidiaries, affiliates, partners or licensors, and their respective officers, agents, partners and employees, against any loss, liability, claim, or demand, including attorneys’ fees, relating to User Content you supply to the Site.
It is our policy to decline any unsolicited suggestions or ideas. In addition to the foregoing regarding submissions, any unsolicited suggestions or ideas will be treated as non-proprietary and nonconfidential and will not be returned. We may use any intellectual property or other rights in any submission for any purpose, including, without limitation, for developing, manufacturing, distributing and marketing new products.
IronMatt may, but is under no obligation to, monitor and edit or remove any activity or content at its sole discretion. We take no responsibility and assume no liability for any content shared or posted by you or any third party. IronMatt does not necessarily endorse any opinion or statement contained in any submission or User Content.
Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement
We may, in our sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us a notice containing the following information:
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
(2) a description of the copyrighted work or other intellectual property that you claim has been infringed.
(3) a description of where the material that you claim is infringing is located on the website (providing URL(s) in the body of an email is the best way to help us locate content quickly).
(4) your name, address, telephone number, and email address.
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached by sending an email to info@ironmatt.org.
Disputes and Applicable Law
These terms shall be governed by, and will be construed under, the laws of the state of New Jersey, United States of America, without regard to choice of law principles. You agree that any dispute which may arise out of, under or in connection with your visit to or use of the Site, may at our election, be submitted to binding arbitration in New Jersey, administered by the American Arbitration Association in accordance with its rules, and the judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. However, we reserve the right to seek legal remedies, injunctive relief or other appropriate relief in any court, including in situations where you have violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, and you consent to exclusive jurisdiction and venue in any such court. You agree that no claim arising out of these terms of use or your use of the Site may be brought as a class action, and no arbitration or other proceeding under these terms shall be joined with an arbitration involving any other party under these terms, whether through class arbitration proceedings or otherwise.
The Site is controlled in the United States and directed to individuals residing in the United States. Those who choose to access the Site from locations outside the United States do so on their own initiative, and IronMatt is not responsible for compliance with local laws if and to the extent applicableand you solely accept the responsibility for compliance with such local laws and waive any and all claims against IronMatt with respect to such local laws. Access to the Site is prohibited from jurisdictions where the Site or content is illegal or penalized. IronMatt reserves the right to limit the availability of the Site and content to any person or jurisdiction in its sole discretion.
Disclaimer of Warranties
The Site and all content on the Site is provided to you on an “as is, as available” basis without warranty of any kind. We make no representations or warranties that use of the Site will be uninterrupted or error free, or as to any results that may be obtained by use of the Site. To the extent permitted by applicable law, we expressly disclaim all warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. We make no warranty as to the accuracy, completeness, reliability or availability of the Site or any content available through the Site. You expressly agree that your use of the Site is at your sole risk.
Limitation of Liability
Under no circumstances shall we or our affiliates, partners or licensors be liable to you or any other person for any indirect, incidental, consequential or punitive damages arising out of or relating to these terms, or access to or use of the Site or its content, purchase you make, User Content or submissions to the Site, even if IronMatt has been advised of the possibility of such damages. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the Site and terminate these terms. These limited remedies shall apply notwithstanding any failure of their essential purpose. Certain state laws do not allow limitations on implied warranties or the exclusive or limitation of certain damages so these limitations and exclusions apply to you to the extent permitted by applicable law. You agree our total liability in the aggregate for any claims made by you or any third party shall not exceed one hundred dollars ($100.00) or the total amount of your last IronMatt purchase/donation, whichever is greater.
Indemnification
You agree to indemnify, defend and hold IronMatt, its subsidiaries, affiliates, partners or licensors, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, due to or arising out of (a) your use of or any reliance on the Site or any of its content, products, services or activity; (b) any content or materials posted on or submitted to the Site by you or third parties; (c) a breach of these terms or the privacy policy, any applicable laws or our rights or those of any third party; and (d) any activity related to your account or any person accessing the Site using your account.
Termination
You may terminate these terms by providing written notice to us. Upon such termination, you shall cease all use of the Site and we shall be permitted to delete your account and any and all information associated therewith. We may, with or without prior notice, terminate any of the rights granted by these terms. you shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Notice Required by California Law
General Information
(a) You acknowledge and agree that these Terms of Use, which include our Privacy Policy and other terms and rules referenced herein, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
(b) Nothing contained in these terms shall be construed as creating any agency, partnership or other form of joint enterprise between us.
(c) Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
(d) In the event that any provision of these terms and conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole; and we will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Questions?
Legal Disclaimer
Last updated September 12, 2023
The Matthew Larson Foundation for Pediatric Brain Tumors, also known as IronMatt, is a federally registered 501(c)(3) charitable nonprofit organization.
IronMatt does not engage in rendering medical advice or professional medical services. Information on this website is NOT intended to be used as a substitute for medical care and should not be used for the diagnosis or treatment of a brain tumor or any other health problem. If your child has or if you suspect they have a health problem, whether that’s a brain tumor or any other condition, you should consult with a licensed healthcare provider.
The materials provided by IronMatt are compiled based on current information at the time they were written. All medical research concerning disease and treatments is an ongoing process. We endeavor to keep our materials current. However, you should talk with your doctors and medical institutions to seek the most current information available.
The contents of this website have been prepared for the exclusive use of IronMatt and may be reproduced only with the prior permission of IronMatt.
The names “Matthew Larson Foundation for Pediatric Brain Tumors,” “IronMatt,” and “IronKids” and logos are registered trademarks and may not be used in any form without the prior written consent of IronMatt. Infringement of these trademarks is considered a legal violation.
