Terms of Use

Last Modified: June 1, 2023

1. Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Northwest Mothers Milk Bank ("NWMMB," "we," or "us"), an Oregon nonprofit. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of https://www.donatemilk.org/ (the "Website"), including any content and functionality offered on or through the Website. As used in these Terms of Use, "Website" includes webforms available at the Website, together with any communications between you and NWMMB by email, fax, and phone, including voicemail. These Terms of Use do not apply to the extent information collected falls under our Notice of Privacy Practices (applicable to milk donors and recipients), which may be updated from time to time and is currently available here.

By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found here. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States. By using this Website, you represent and warrant that you are at least 18 years old and live in the United States. If you do not meet these requirements, you must not access or use the Website.

2. Agreement to Third-Party Terms

Certain resources provided through the Website, including certain payment/donation and shopping resources, are provided through third-party platforms. For example, we currently use Give Lively for donations and Zazzle for our online store. To use these platforms, these third parties require you to consent to their terms of use and privacy policies. Accordingly, please review those carefully before proceeding and keep in mind that we have no control over these (or any other third party) practices or procedures.

3. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You should check this page from time to time so you are aware of any changes.

4. Accessing the Website

Although we will use reasonable efforts to make the Website available on a regular basis, we reserve the right to withdraw or amend this Website or any of its contents, and any goods, services, or opportunities we provide on the Website, in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.

5. Provision of Accurate and Complete Information; Testimonials and Other Materials

It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Any pictures, stories, letters, biographies, correspondence, thank you notes, or similar items that you send to us become our exclusive property, and we may use those materials for any purpose including without limitation for fundraising and promotional purposes. This may include posting such materials on our Website and at our in-person events for public viewing. You will not be compensated for use of these materials. Notwithstanding the foregoing, we will not include any precise identifying information from these materials (e.g., photos, addresses, phone numbers, contact information, last names, or uniquely identifiable names) without your permission. You may specifically request that NO information you provide be used for promotional purposes, but you must identify—and we must acknowledge—any requested restrictions in writing.

You promise that any information you provide, including without limitation materials referenced in the paragraph above, does not and will not violate these Terms of Use or the rights of any third party, including intellectual property and privacy rights. This means, for example, that you won't provide us with the personal information of any third party unless you have the right to do so.

6. Intellectual Property Rights

The Website and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by NWMMB or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as may be necessary to access and view those materials for your own personal (i.e., non-commercial) use, or as we may otherwise agree in writing.

You may not:

Modify copies of any materials from the Website.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on the Website other than as set out in this section, please address your request to info@nwmmb.org and put "Licensing Request" in the subject line of the email.

If you breach these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by NWMMB. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

7. NWMMB Trademarks; Affiliation with NWMMB

NWMMB's name, the NORTHWEST MOTHERS MILK BANK trademark (including design and text marks), the MILLIE THE MILK DROP trademark, and all related names, logos, product, and service names, designs, graphics, and slogans are intellectual property owned by NWMMB or its licensors. You may not use such intellectual property without the prior written permission of NWMMB.

You are prohibited from stating or suggesting that you are affiliated with or endorsed by NWMMB without the prior written permission of NWMMB.

8. Copyright Takedown Policy

NWMMB respects the intellectual property rights of others. If you believe your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement, then please contact us at info@nwmmb.org and provide the following information:

A description of the copyrighted work that you believe has been infringed;
A description of what the allegedly infringing work is;
A description of the location where the allegedly infringing work is located on the Website;
An address and telephone number where you can be contacted, including an email address if possible;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.

You should consult legal counsel before submitting an infringement notice because there can be penalties for false claims under the Digital Millennium Copyright Act.

9. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. Without limiting the foregoing, you agree not to:

Use the Website in any way that violates any applicable law or regulation.
Violate the intellectual property or privacy rights of any person or entity, including without limitation providing any information or materials to NWMMB that you do not have the right to provide.
Impersonate any person or entity, or misrepresent yourself or your entity.
Use the Website to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm NWMMB or users of the Website, or expose them to liability.
Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website.
Use any robot, spider, or other automatic device or process to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

10. Monitoring and Enforcement; Termination

We have the right to do the following in our sole and absolute discretion:

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation any violation of these Terms of Use.
Remove any material from our Website.

Complaints concerning content posted to the Website may be sent to: info@nwmmb.org.

11. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Without limiting the foregoing, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION INCLUDED ON THE WEBSITE IS NOT INTENDED TO BE, NOR SHOULD IT BE CONSTRUED AS, MEDICAL ADVICE OR A SUBSTITUTE FOR MEDICAL TREATMENT BY A HEALTHCARE PROFESSIONAL. YOU SHOULD REFER ALL DECISIONS REGARDING MEDICAL CONDITIONS OR CARE TO A QUALIFIED HEALTHCARE PROFESSIONAL.

12. Changes to the Website; Feedback

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

We welcome your feedback on our Website. Please note, however, that if you provide suggestions or other feedback regarding the Website, we may use and share such feedback for any purpose without compensation or credit to you.

13. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

14. Links from the Website

The Website contains links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15. Geographic Restrictions

We are based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

16. Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY INFORMATION, OPPORTUNITIES, GOODS, OR SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE FOREGOING ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NWMMB NOR ANY PERSON ASSOCIATED WITH NWMMB MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER NWMMB NOR ANYONE ASSOCIATED WITH NWMMB REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY INFORMATION, OPPORTUNITIES, GOODS, OR SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, NWMMB HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL NWMMB, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY INFORMATION, OPPORTUNITIES, GOODS, OR SERVICES OBTAINED BY USING THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY (INCLUDING DEATH), PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnification

You agree to defend, indemnify, and hold harmless NWMMB, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including without limitation any information, opportunities, goods, or services obtained from the Website.

19. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website will be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon, in each case located in Multnomah County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20. Waiver and Severability

No waiver by NWMMB of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NWMMB to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

21. Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and NWMMB regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. If you have any questions or would like to request additional information, you may contact us at info@nwmmb.org.

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