Website Terms & Conditions

TERMS OF USE

IMPORTANT: Please review the following terms and conditions carefully. These Terms Of Use are a legally binding contract between you and Friends of the Telethon Foundation Italy, Inc. d/b/a Daybreak Children’s Rare Disease Fund ("Daybreak " or "our" or "we" or "us") pertaining to the access and use of the services offered, and all products, information, content, media, content, printed materials and "online" or other electronic documentation accessible from, www.daybreakfoundation.org or any sub-domains thereof or other websites operated by or for Daybreak (collectively, the "Sites").

The Sites are all offered by Daybreak to you free of charge on the express condition that you accept, without modification, and abide by these Terms Of Use. Your access and use of the Sites is conditioned upon your continued compliance with these Terms Of Use. Please read these Terms Of Use carefully, as your use of the Sites constitutes your acceptance of these Terms Of Use. Daybreak reserves the right to change the Terms Of Use any time by reasonable notice, including without limitation by posting revised terms on the Sites (which shall constitute reasonable notice), and such amended terms shall be binding upon you; thus, you should consult the most recent version of these Terms Of Use each time that you view the Sites.

Disclaimer

You acknowledge that the materials on the Sites are provided "as is" for general information only and without warranties of any kind. The materials on the Sites are not meant to be used for self-diagnosis or to replace the services of a medical professional. While Daybreak endeavors to keep the materials on the Sites current, healthcare information changes rapidly and thus, the materials on the Sites should not be relied upon to be fully comprehensive or error free. Daybreak does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the programs, materials, products or other information provided on the Sites or by the companies or organizations linked or referred to in the Sites. The Sites do not offer medical advice or recommendations to individuals and you should not rely on the information posted on the Sites as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs. Daybreak does not advocate that you attempt to treat yourself, your family or someone you know without proper medical supervision. Daybreak encourages you to seek the guidance of your healthcare provider if you feel that you, your family or someone that you know suffers from the conditions described on the Sites.

In certain instances Daybreak permits third parties to provide testimonials and information. Daybreak may from time to time post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of Daybreak or endorsed by Daybreak.

Restrictions on Use of Materials

Unless otherwise indicated, Daybreak or its licensors hold the copyright to all materials on the Sites, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, audio/visual clips and design. Additionally, Daybreak owns all of the trademarks, service marks, slogans and logos (collectively, the "Marks") used and displayed on the Sites, unless otherwise noted. Without the explicit consent of Daybreak, no material from the Sites (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of materials contained on the Sites may violate copyright, trademark and other laws. We retain all rights not expressly granted, and nothing in these Terms Of Use constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms Of Use should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of DAYBREAK or any third party.

Daybreak will allow you to view and print information, documents and web pages located on the Sites for your own personal use but not for any for-profit or commercial activities or purposes or resale; provided that (i) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to Daybreak and if possible provide a reference to Daybreak’s main site www.daybreakfoundation.org, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is Daybreak’s material. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms Of Use and they must agree to abide by these Terms Of Use. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by Daybreak or its licensors.

Sponsors

Daybreak may choose to acknowledge certain persons and companies who have provided donations or sponsorships in furtherance of Daybreak’s mission. Such acknowledgement may be in the form of recognition on the Sites by use of such persons or companies’ own names or marks and/or links to such person or companies’ own websites. However, Daybreak does not solicit or permit the purchase or use of advertisements or commercial endorsements on the Sites by any person or company (including, without limitation, its sponsors and donors). If you choose to click on the links to any of our sponsors’ websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of our sponsors, you do so on your own initiative and you agree that Daybreak is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such sponsors in conjunction with the Sites.

Links To Other Sites; Link Agreement

Daybreak may provide links to other Internet sites or resources. Daybreak likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links are provided solely for your interactive enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by Daybreak.

Links to the Sites are permitted by Daybreak only in accordance with Daybreak’s Link Agreement. You should be aware that links to the Sites may be provided from other sites, either known or unknown to Daybreak, and some links to the Sites may be unauthorized, and accessing any other site linked to or from the Sites is done at your own risk. Daybreak has not reviewed and is not responsible for the content of any third party sites linked to or from the Sites.

General Indemnification

You agree that you will hold harmless Daybreak, its officers, directors, employees, volunteers, licensors and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, the Sites or other sites to which they are linked. If your use of materials from the Sites results in the need for servicing, repair of equipment or data, you will assume any costs thereof.

Limitation of Liability

In no event and under no circumstances shall Daybreak or the contributors of information to the Sites or our sponsors, licensors or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the Sites, or your (or any authorized user’s) or any unrelated party’s reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms Of Use fail of their essential purpose.

Disclaimer of Warranties

THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT) ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Sites solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.

THE SITES ARE MANAGED IN THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA. DAYBREAK MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. DAYBREAK MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

Disclaimer Regarding Translated Content

In addition to the general disclaimer of warranties provided under these Terms Of Use, Daybreak does not warrant the accuracy, reliability, or timeliness of any information provided on its Sites in languages other than English (“Translated Content”).  Any person or entity that relies on information obtained from the Translated Content does so at his or her own risk.  Daybreak is not responsible for any damage or issues that may possibly result from using the Translated Content.  If any questions arise concerning the accuracy of the information presented in the Translated Content, please refer to the official English version of the website.

Website Services

Services. In furtherance of its mission, Daybreak may offer from time to time certain services or features on the Sites (including without limitation, message boards, blogs, chatrooms, public forums, personal home pages, on-line donations, shopping carts and tutorials) (collectively, the "Services"). The following terms under these Terms Of Use pertain to your ability to use the Services made available by Daybreak on the Sites. Daybreak will permit your use of the Services free of charge on the express condition that you accept, without modification, and abide by these Terms Of Use, only for as long as your use of the Services are helping Daybreak to fulfill its mission.

Posted Content. Where permitted on the Sites, you may post messages, text, photos, testimonials or other content on the Sites via the public forums. Except where otherwise noted herein or as provided in the Daybreak’s privacy policy, any content submitted to Daybreak will be treated as non-confidential and non-proprietary, and you authorize Daybreak and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display or otherwise use such information in furtherance of its operations throughout the world in any format or media (whether now know or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you. By posting such content on the Sites, you represent to Daybreak that you own or have the right to use and permit Daybreak to use such content in the manner stated above. By way of example and not limitation, if you post a photograph of yourself with others, you need to first obtain permission or a release from the other people appearing in the photograph to use their image, and you need to be the owner or licensee of the copyright in the photograph. You agree not to post any photographs or text that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize Daybreak and its affiliates and licensees (without compensation to you or others) to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of Daybreak’s operations throughout the world, and any such permission cannot be revoked for any reason.  Daybreak reserves the right to refuse to post content or remove content due to:  (i) the high-risk nature of a proposed fundraising activity (e.g. bungee jumping, parachuting, hand gliding, cliff diving); (ii) the potentially negative impact on Daybreak’s outstanding public image due to a proposed fundraising activity or posted content; or (iii) any other reasonable factor as determined by Daybreak in its sole discretion.   

Availability of Service. Daybreak reserves the right to establish general practices and limits concerning the Services (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party’s information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on Daybreak’s servers on your behalf. Without limiting the foregoing, you agree that Daybreak shall have no responsibility or liability for the deletion or failure to deliver or any information, pictures, content or email provided by or stored by you on any public forum, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of Daybreak. You agree that Daybreak shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.

Privacy of Patient Information. The Health Insurance Portability and Accountability Act ("HIPAA") may regulate and limit the use and disclosure of your private health information by certain healthcare institutions. However, you should know that the HIPAA regulations apply to information gathered in the treatment of patients and not to information gathered by or through the Sites. For details on how Daybreak protects the privacy of personally identifiable information gathered by or through the Sites, please see our Privacy Policy.

On-Line Donations & Purchases. In order to make donations online or purchase products online, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card and email. You are responsible for the accuracy of the information supplied by you to Daybreak. By providing such information to Daybreak by any means (e.g.: email, fax, telephone, mail, etc.), you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information to Daybreak for use in processing your orders or receiving your donations from the Sites. In order to make donations or purchase the products online using the payment method displayed on the Web site (e.g., VISA, Mastercard, PayPal, etc.), you must be 18 years of age or over. By using the Sites’ payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Sites, including, without limitation, instructing Daybreak or its authorized vendors to collect any payments from a credit or debit card, and to use the Sites in accordance with all terms and conditions of these Terms Of Use. Billing to your credit card or to your bank account occurs at the time of purchase or donation or shortly thereafter. All sales of merchandise purchased from Daybreak on the Sites are subject to Daybreak’s standard sales terms and conditions, which contain certain warranty and liability limitations. All returns and exchanges of merchandise purchased from Daybreak on the Sites are subject to Daybreak’s standard return and exchange policy. Daybreak will charge tax in states where such purchases are taxable and your invoice will include both the purchase price and sales tax based on the bill-to address for you for your credit card at the sales tax rates then in effect at the time of purchase. You agree that you are responsible for all charges incurred by your use of the Sites and you expressly authorize Daybreak to charge the credit card provided by you for any outstanding fees or costs due to Daybreak or any donations submitted online via the Sites.

Services Indemnification. IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE TERMS OF USE, YOU WILL INDEMNIFY AND HOLD DAYBREAK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY DAYBREAK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS PERTAINING TO DAYBREAK’S USE OF THE INFORMATION AND CONTENT PROVIDED BY YOU IN CONNECTION WITH THE SERVICES, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT PROVIDED BY YOU IN CONNECTION WITH THE SERVICES, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON DAYBREAK’S OWN NEGLIGENCE. IN NO EVENT SHALL DAYBREAK’S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.

Acceptable Use Policy for Services & Sites

You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on Daybreak or its licensors or suppliers’ infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and/or distribution of "junk mail", "spam", "chain letters", "pyramid schemes" or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of Daybreak’s or other’s officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other users or otherwise mine information about other users or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites’ servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account ("cracking") on or from the Sites; or (xiv) are contrary to Daybreak’s public image, goodwill, reputation or mission or otherwise not in furtherance of the Promise.

In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of Daybreak or its licensors or supplier’s content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of Daybreak or its licensors or supplier’s software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms Of Use to any third party, or otherwise commercially exploit or profit from the information or content of the Sites (or any part or portion thereof).

IMPROPER USE OF THE SITES WILL RESULT IN DENIAL OF ACCESS TO THE SITES AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.

Term & Termination

These Terms Of Use are effective from the date that you first access the Sites and continues in effect until terminated in accordance with these Terms Of Use.

Daybreak may terminate your access to the Sites or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms Of Use; (ii) requests by law enforcement or other government agencies; (iii) a request by you; (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (viii) discontinuance of the Services as a whole; (ix) a statement by you that you no longer agree to these Terms Of Use, or a statement by you otherwise requesting termination of your access to the Services; (x) completion of the Daybreak or other fundraising event or program in which you are participating; and/or (xi) any other reason reasonably considered by Daybreak to be in its best interest.

Your access to the Sites or the Services also will terminate automatically if you fail to comply with any term or provision of these Terms Of Use. You agree that any termination of your access to the Sites or the Services may be effected without prior notice and you acknowledge and agree that Daybreak may immediately deactivate or delete your information, files or content and/or bar any access to such information or content by you or others. Daybreak shall not be obligated to return or provide copies of any information, files or content.

You further agree that the Daybreak shall not be liable to any third-party for any termination of your access to the Sites.

Upon termination, Daybreak will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to Daybreak with respect to the Services terminated or the Sites; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms Of Use, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Sites or the Services.

Deactivation of the Sites

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any part or portion thereof. Nothing in these Terms Of Use shall be construed to obligate Daybreak to maintain and support the Sites, or any part or portion thereof, during the term of these Terms Of Use.

Notice of Claims of Intellectual Property Violations

The content of the Sites may include pictures, information, testimonials, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. Daybreak does not permit the use of content on the Sites that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms Of Use. If you believe that any of the content on the Sites infringes your copyright or trademark rights or your rights of publicity, please provide Daybreak’s general counsel (whose contact information provided below) with the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Daybreak to locate the material.

Information reasonably sufficient to permit Daybreak to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Daybreak’s agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is Schnader Harrison Segal & Lewis LLP, which can be reached by mail or facsimile as follows:

Schnader Harrison Segal & Lewis LLP

140 Broadway, Suite 3100

New York, New York 10005

Facsimile: 212-972-8798

Attn: Christian Moretti, Esq.

 

Please provide all of the information requested above. No specific form is required to provide Daybreak with notifications of possible infringement. However, it will take Daybreak longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.

COPPA

Daybreak does not knowingly solicit data from children or knowingly market to children. Daybreak is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Childrens’ Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that Daybreak receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, Daybreak will delete that information from the Sites as quickly as is reasonably practical.

Privacy

Daybreak understands that many visitors to the Sites may be concerned about the information that they may provide or that may be generated from their use of the Sites and how Daybreak may use such information. Protecting privacy is an important priority to Daybreak. Our Privacy Policy governs the collection, use, retention and disclosure of personal information gathered from the Sites and you can view our Privacy Policy.

Equitable Remedies

You agree that, if the terms of these Terms Of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies.

Governing Law; Venue; Statute of Limitations

These Terms Of Use are governed by the laws of the State of New York, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in New York County, State of New York. You agree that the statute of limitations for any claim against Daybreak shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.

Dispute Resolution

In the event of any dispute arising out of these Terms Of Use, you and Daybreak each agree to use good faith efforts to resolve our differences amicably. In the event those efforts are unsuccessful, you and Daybreak agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or Daybreak may initiate the mediation process with thirty (30) days’ prior written notice to the other. The dispute shall be submitted to mediation in New York, U.S.A. Costs of mediation shall be borne equally by both you and Daybreak. Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and Daybreak agree to extend the time by mutual agreement or unless the mediator declares you and Daybreak to be at an impasse. Notwithstanding the above, in the event that Daybreak believes that immediate injunctive relief is required to protect its rights, Daybreak may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.

Miscellaneous

If any provision of these Terms Of Use is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms Of Use and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms Of Use.

Failure by us to enforce any particular term of these Terms Of Use shall not be construed as a waiver of any of our rights hereunder.

These Terms Of Use have been written in the English language and the English language shall control. These Terms Of Use, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any right that you may have under local law to receive these Terms Of Use in any language other than English.

These Terms Of Use (and each supplemental agreement referenced in or referencing these Terms Of Use found on the Sites) constitutes the entire agreement between you and Daybreak with respect to the Sites and the Services.

Contact Information

If you have any questions regarding these Terms Of Use, you may contact Daybreak by mail or facsimile as follows:

Friends of Telethon Foundation Italy

dba Daybreak Children’s Rare Disease Fund

Tax ID # 47- 1635833

email: info@daybreakfoundation.org

Tel.(844) 5989494