The DeMarco Project Website Terms of Use

Last Modified August 2, 2024

Thanks for visiting The DeMarco Project!

Welcome to The DeMarco Project’s website Terms of Use (“Terms”). These Terms are important and affect your legal rights, so please read them and our Privacy Policies very carefully. The Terms discuss limitations of liability, warranty disclaimers, future changes to the Terms, and other legal matters.

The DeMarco Project (“The DeMarco Project”) website (“Site”) contains information about the life-saving programs and services The DeMarco Project provides to post-9/11 injured service members and their families and how you can support The DeMarco Project’s mission to save veteran lives.

By browsing or using the Site, you agree to comply with and be bound by the Terms, which, together with our Privacy Policies, govern The DeMarco Project’s relationship with you as it relates to your use of this Site.

In order to use the Site, you must be (i) 18 or older, or 13 or older and your parent or legal guardian must consent to the Terms on your behalf; (ii) have the power to enter a binding contract with The DeMarco Project; and (iii) not be prohibited from doing so under any applicable laws.

The DeMarco Project reserves the right to change or modify the Terms at any time without notice and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should periodically review these Terms. If you do not agree to these Terms at any time, you must stop using the Site. If you have any questions about these Terms, please contact us at [email protected]

Accessibility

The mission of The DeMarco Project is to save veteran lives, and we endeavor to make sure our website is accessible to all users. If you find any portion of this website inaccessible, please contact [email protected]

Privacy Policies

Please refer to our Privacy Policies for information on how The DeMarco Project collects, protects, stores, uses, and discloses information it collects from the Site users, donors, registered veterans, and their caregivers.

You represent and agree that all information you provide to The DeMarco Project will be true, accurate, current and complete and that you will update such information as necessary to maintain such information as true, accurate, current and complete. The DeMarco Project will not be liable for any loss or damage arising from your failure to comply with these requirements. You acknowledge and agree that any personal information that you provide to The DeMarco Project will be used by The DeMarco Project in accordance with our Privacy Policies.

Copyright and Limited License

Except as otherwise marked, the Site and all content and other materials on the Site, including, without limitation, all trademarks, service marks, texts, graphics, pictures, video, information, software, other files, and the selection and arrangement thereof (collectively, the “Site Materials”), are the proprietary property of The DeMarco Project or The DeMarco Project’s licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws. Permission is granted to access and use the Site only in accordance with these Terms and the other rules and restrictions contained in the Site. You may only use the Site Materials for your personal, non-commercial use. In addition, you agree that such permission does not include: (a) any commercial use or any resale or redistribution of the Site or the Site Materials; (b) the distribution, public performance, or public display of any Site Materials, except as expressly permitted on the Site, (c) making any derivative works or uses of the Site or the Site Materials, or any portion thereof; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials, or any information contained therein, except as expressly permitted on the Site; (f) copying or otherwise using any trademark or service mark on the Site, in whole or in part, without the prior written permission of The DeMarco Project or the applicable trademark holder; or (g) any use of the Site or the Site Materials other than for its intended purpose. The permissions granted herein are revocable at any time, with or without cause.

Except as expressly stated herein, none of the Site Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or otherwise used in any form or by any means without the prior written permission of The DeMarco Project or the copyright owner. Any permission(s) given to you terminate automatically if you breach any of the Terms or for any other reason determined by The DeMarco Project. Upon termination, you must immediately destroy any downloaded or printed Site Materials. You may not, absent The DeMarco Project’s express permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any Site Material may violate applicable law.

Donations

Any Site user may become a donor (“Donor”) by pledging a donation to The DeMarco Project through the donation tools on this Site or by registering to hold a fundraising event or campaign through the registration forms on this Site. You acknowledge and agree that you are under no obligation to become a Donor or to pledge a donation and that you will be solely responsible for any decision to become a Donor. You understand that your contribution is being made to The DeMarco Project and that The DeMarco Project has exclusive legal control over all donations. In the event that you make a donation pledge, you may be required to provide credit card or other payment information at the time of the pledge. You represent and agree that all payment information you provide to The DeMarco Project or The DeMarco Project’s third-party service providers will be true, accurate, current, and complete and that you will update such payment information as necessary to maintain such information as true, accurate, current, and complete. In the event that your payment cannot be processed due to inaccurate payment information, insufficient funds, or any other reason, you agree to immediately provide The DeMarco Project with alternative payment information to fulfill your donation pledge. You agree that all donations are final and will not be returned, in whole or in part.

User Submissions

Any comments, information, feedback, pictures, video, or other materials submitted to The DeMarco Project or to the Site (via any medium including e-mail and regular mail) (collectively “Submitted Materials”), shall be deemed non-confidential, except as set forth in our Privacy Policies.

By providing Submitted Materials to The DeMarco Project or the Site, you warrant that you have all necessary rights to grant, for you and any other person that may have a right to the Submitted Materials, and hereby automatically grant to The DeMarco Project a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, store, license, reproduce, modify, create derivative works from, publish, publicly display, publicly perform, and distribute such Submitted Materials (in whole or in part) and to incorporate all or part of the Submitted Materials in other works, including for marketing and fundraising purposes, in any form, media, or technology. If you submit feedback or suggestions about the Site or The DeMarco Project programs or services, The DeMarco Project may use your feedback or suggestions without obligation to you.

You accept all risks associated with providing Submitted Materials to The DeMarco Project or the Site. You shall be solely responsible for your own Submitted Materials and the consequences of submitting, posting, or publishing them. Without limiting the foregoing, The DeMarco Project shall be free to use the Submitted Materials in any way without acknowledgment or compensation to you.

You agree that you will not submit or transmit any of the following to the Site:

Anything that interferes with or disrupts the Site or its operation;Anything that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, or encourages conduct that would be considered unlawful;Anything that dilutes or negatively impacts the trademarks, service marks, or intellectual property rights of The DeMarco Project, including the associated goodwill;Anything that portrays The DeMarco Project in a false, misleading, derogatory, or otherwise defamatory manner;Unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others;Any misrepresentations, including anything that impersonates any other person or entity, whether actual or fictitious, or that misrepresents your affiliation with any entity;Anything that contains malicious code, “trojan horses,” viruses, malware, corrupted files, or any other similar software or programs that may hinder or damage the operation of another’s computer, network, or the Site; orAnything else that The DeMarco Project determines is contradictory to its charitable mission or is otherwise objectionable in The DeMarco Project’s sole discretion.

Copyright Infringement Notice

The DeMarco Project respects copyright and other intellectual property rights and expects all Site users to do the same. If you are a copyright holder, or its agent, and believe that any copyrighted material on the Site infringes your copyrighted work, please email us at [email protected]

When providing this notice, please include as much detail as possible. The DeMarco Project will work to identify the allegedly infringing material and, if necessary, will take reasonable steps to remove or disable access to such material. Please note that The DeMarco Project may provide the rights owner’s name, your email address, and the details of your report to the person who posted the reported material.

Links to and from the Site

This Site may contain links to third-party websites. Any such links are provided solely as a convenience to you. Neither the inclusion of any such links nor the reference to any products, services, or other information, by trade name, trademark, manufacturer, supplier, or otherwise constitutes or implies endorsement, sponsorship, or recommendation by The DeMarco Project.

Without limiting the generality of the foregoing, you agree that any such third-party websites are not under the control of The DeMarco Project, that The DeMarco Project is not responsible for the content, products, or services provided via any such third-party websites, and that you are solely responsible for any claims, damages, or liabilities incurred by you as a result of your use of any such third-party websites. Your business dealings or correspondence with, or participation in promotions of, third parties other than The DeMarco Project, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. The DeMarco Project is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.

If you would like to link another website to this Site, such a link may not suggest or imply The DeMarco Project’s endorsement or approval of any product, position, entity, or individual; portray The DeMarco Project in a false, misleading, derogatory, or otherwise defamatory manner; or appear on a site containing any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. You hereby agree to remove such a link at any time at The DeMarco Project’s sole discretion. You may not use The DeMarco Project logo or other proprietary graphic or text of The DeMarco Project to link to the Site without the express prior written permission of The DeMarco Project. Further, you may not frame the Site without The DeMarco Project’s express prior written consent.

Disclaimer of Warranty

You acknowledge and agree that, to the fullest extent permitted by applicable law, this site, all site materials, and all services and information provided via this site, are provided on an “as is” basis without any representations or warranties whatsoever. Without limiting the generality of the foregoing, you acknowledge and agree that The DeMarco Project does not represent or warrant that this site, any site materials, or services will meet your requirements, or that the use of this site, any site materials, or services will be uninterrupted or error-free. To the fullest extent permitted by applicable law, The DeMarco Project hereby disclaims all warranties not expressly set forth in these terms, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will The DeMarco Project or its affiliates, officers, directors, employees, or agents be liable to you or any third party for any direct, indirect, special, incidental, punitive, or consequential damages arising out of your use of or inability to use this site or any site materials, your uploading or downloading of any content to or from this site, or any donation that you make via this site, regardless of the manner in which such damages are incurred or designated, or for any loss of profits, even if The DeMarco Project was informed of the possibility of such damages or loss.

Termination

Notwithstanding any of these Terms, The DeMarco Project reserves the right, without notice and in its sole discretion, to discontinue the Site or any associated service and to terminate your license to use and block your access to the Site at any time without notice. You hereby release The DeMarco Project from any and all claims, damages, liabilities, and causes of action arising out of the modification or discontinuation of any or all features of this Site and the suspension or termination of your access to this Site or any associated services.

General

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

These Terms and your use of the Site are governed and construed in accordance with the laws of the State of Michigan, applicable to agreements made and to be entirely performed in the State of Michigan, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these Terms shall be filed only in the state and federal courts located in the State of Michigan and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms.

The DeMarco Project controls and operates this Site from the United States. The DeMarco Project makes no representation that materials in this Site are appropriate or available for use in other locations, and access to this Site from territories where its contents are illegal is prohibited. If you choose to access this Site from other locations, you do so on your own initiative and at your own risk and are responsible for compliance with applicable local laws.

These Terms constitute the entire agreement and supersede any and all other understandings and agreements between you and The DeMarco Project with respect to the subject matter hereof and no representation, statement, or promise not contained herein shall be binding on you or The DeMarco Project.

Although these Terms may be updated or modified by The DeMarco Project from time to time as set forth therein, The DeMarco Project will not be bound by any other amendments or modifications to these Terms unless expressly accepted in writing by The DeMarco Project in a written amendment expressly referencing these Terms. These Terms may not be supplemented or modified by any course of dealing or trade usage.

Text Message Communications

If you provide your mobile phone number and consent to receiving text messages from us, The DeMarco Project will treat your information in accordance with our privacy policy. Message content varies; for Alumni and Caregivers, messages may include information about upcoming events and information about events for which you’ve already signed up. For donors and supporters of The DeMarco Project’s mission, these messages may include information about ways you can support the veterans and families that The DeMarco Project serves.

You may opt-in to the short code program via keyword “JOIN”. After joining, you will receive a text message from (586) 322-0397 on your mobile number. Consent to receive text messages is not required as a condition of donating or receiving services from The DeMarco Project.

In any case, message frequency will vary depending on your interest and engagement. Based on your carrier, message and data rates may apply. Carriers are not liable for delayed or undelivered messages. If you no longer wish to receive messages, reply STOP at any time to opt out. If you need help with your text messages, simply reply HELP.

Compatible carriers include: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, Alltel (Verizon Wireless), U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, C Spire Wireless CellSouth, Cricket, Cincinnati Bell, and Virgin Mobile®.

Questions & Contact Information

Thanks for visiting the Site! If you have any questions or comments regarding the Site, please email [email protected]

For more information about how to contact The DeMarco Project, please visit our Contact Us page. You can also mail us at The DeMarco Project, Attention: Legal, 1830 Rochester Road #105, Royal Oak, MI 48073.