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Waiver/Agreement
By clicking on "I Agree," you agree, warrant and covenant as follows:
Before Applying for a Komen MA Grassroots Fundraising, The Susan G. Komen Breast Cancer Foundation, Inc. d/b/a the Massachusetts Affiliate of Susan G. Komen for the Cure ("Komen MA") requires that you must first agree to and accept the following terms and conditions:

1. You agree that you are not registering for a Komen MA Grassroots Fundraising Page on behalf of a limited partnership, limited liability company, limited liability partnership, cooperative, corporation (for-profit or not-for-profit), or other incorporated entity. If so, you are aplying to be a 3rd party event.

2. Komen MA shall review all Komen MA Grassroots Fundraising applications and, in its sole discretion, approve or disapprove such registrations. If your registration is not approved, Komen will notify you of its disapproval via email at the address provided with your application. You will be notified within (3) business days of approval. Please note that your Komen MA Grassroots Fundraising application may be disapproved by Komen MA due to the high-risk nature of a proposed fundraising activity (e.g. bungee jumping, parachuting, hand gliding, cliff diving) or an activity's potentially negative impact upon Komen MA's outstanding public image, among other reasons.

3. You agree not to post any photographs or text on your Komen MA Online Tributes web page 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.

4. Komen MA shall grant you a limited, non-exclusive license to use the Massachusetts Affiliate of Susan G. Komen for the CureŽ name, komenmass.kintera.org domain name, and the specific sub-domain assigned to your Komen MA Grassroots Fundraising web page (collectively, the "Licensed Marks"). Such right shall inure to you immediately after submitting your Komen MA Grassroots Fundraising registration and shall terminate upon the earlier of (i) Komen MA's disapproval of your Komen MA Grassroots Fundraising registration in accordance with Section 2 above, (ii) Komen MA's termination of your access to or use of your Komen MA Grassroots Fundraising web page or deactivation of the Komen MA Grassroots Fundraising services pursuant to Komen MA's Terms Of Use ("Terms of Use") found at http://cms.komen.org/komen/TermsofUse/index.htm, (iii) the conclusion of your fundraising activities, or (iv) one (1) year after submitting your Komen MA Grassroots Fundraising registration. The License Marks may only be used for the sole purpose of promoting your Komen MA Online Tributes fund and any fundraising activities associated therewith. All promotions of your Komen MA Grassroots Fundraising and associated fundraising activities must specifically state in a clear, unambiguous and readily-identifiable fashion that 100% of the pledges and donations solicited will be donated to Komen MA. You shall be prohibited from transferring, sublicensing or assigning your rights to use the Licensed Marks. At its sole discretion, Komen MA may require you to remove the Licensed Marks at any time from any materials developed in connection with your Komen MA Grassroots Fundraising.

5. You shall be responsible for all resources, equipment, staff, lodging, food, or other materials necessary or required for any fundraising activities associated with your Komen MA Grassroots Fundraising. Komen MA will not be responsible or liable for providing you with any resources, personnel or materials other than the online resources made available by Komen MA as a part of the Komen MA Grassroots Fundraising initiative.

6. You shall be solely responsible and liable for all aspects of the fundraising activities associated with your Komen MA Grassroots Fundraising page, including, but not limited to, the safe and lawful conduct of any activities and ensuring that such activities are conducted in a professional manner befitting Komen MA's outstanding public image. You agree to comply with all laws relating to the promotion and conduct of any fundraising activities associated with your Komen MA Grassroots Fundraising page. You further agree to file all appropriate registrations, obtain all permits, releases, consents, licenses, and approvals as may be required or necessary for promoting and conducting any fundraising activities associated with your Komen MA Grassroots Fundraising page fund.

7. You shall have personal medical and/or health insurance coverage while participating in or conducting any physical or athletic fundraising activities associated with your Komen MA Grassroots Fundraising page fund. If, in conjunction with any fundraising activities associated with your Komen MA Grassroots Fundraising page fund, you are providing, assembling or erecting temporary structures or providing any items to others, you must maintain sufficient insurance to cover liability for bodily injury, property damages, death, product liability or advertising injury arising out of your activities in conjunction with the fundraising activity. You shall name Komen MA as an additional insured on all applicable insurance policies and provide Komen MA with a copy of such insurance policy coverage at the following address: Susan G. Komen for the Cure, 5005 LBJ Freeway, Suite 250, Dallas, Texas 75244, Attn: Insurance. Such proof of coverage must be received by Komen prior to the earlier of: (i) thirty (30) days from Komen MA's approval of your Komen MA Grassroots Fundraising registration, or (ii) the conduct of any fundraising activity associated with your Komen MA Grassroots Fundraising page that requires insurance coverage under this Section 8. In no event will you or any person involved with your fundraising activities be named as an additional insured or otherwise permitted to make a claim under any insurance policy in the name of or for the benefit of Komen or its Affiliates unless expressly agreed upon in writing by Komen MA, and any waiver of subrogation must be signed in writing by Komen MA.

8. YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES OR DAMAGES YOU MAY SUSTAIN OR CAUSE OTHERS TO SUSTAIN IN CONNECTION WITH ANY ACTIVITIES ASSOCIATED WITH YOUR KOMEN ONLINE TRIBUTES FUND, AND TO INDEMNIFY AND HOLD KOMEN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS, AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LIABILITY ARISING FROM SUCH INJURIES AND DAMAGES.

9. Within thirty (30) days of the completion of all fundraising activities associated with your Komen MA Grassroots Fundraising page (but no later than one (1) year after submitting your Komen MA Grassroots Fundraising registration), all pledges/donations raised in connection with your Komen MA Grassroots Fundraising page (save and except those pledges/donations made directly to Komen MA via your Komen MA Grassroots Fundraising web page) must be forwarded by check to Komen MA at the following address: Susan G. Komen for the Cure - MA, 89 South St, Suite 406, Boston, MA, 02111, Attn: Grassroots Fundraising. Such check must include the following information in order for proper crediting to occur: (i) name of the Komen MA Grassroots Fundraising registrant, and (ii) URL of the applicable Komen MA Grassroots Fundraising web page. Komen MA shall only accept in-kind donations pursuant to a written agreement by and between you and Komen MA. In the event of a termination of your access to or use of your Komen MA Grassroots Fundraising web page or deactivation of the Komen MA Grassroots Fundraising services pursuant to Komen MA's Terms Of Use for any reason, Komen MA shall be entitled to all the monies due and owing in connection with your Komen MA Grassroots Fundraising fund that have been pledged or donated as of the effective date of termination.

10. You acknowledge and agree that you and Komen MA are not joint ventures, partners, agents, nor representatives of each other, and have no legal relationship other than as contracting parties to this agreement.

11. You agree to comply with the Terms of Use.

By clicking "I Agree" below, you acknowledge that you have read this supplemental agreement to the Terms of Use, understand the rights and obligations, and agree to be bound by this supplemental agreement to the Terms of Use.
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