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Privacy Policy

Respecting the privacy of the visitors using our Web Site is a priority for the Foundation. The following statements will help you understand how the Foundation collects, uses and safeguards the personal information you provide to us on our Web Site. 

Please note that this policy applies only to the Foundation’s Web Site and not to any other organizations’ Web sites to which we may link. When you use a link to go from the Foundation Web Site to another Web site, the Foundation’s Privacy Policy is no longer in effect. Your browsing and interaction on any other Web site, including Web sites the Foundation links to, is subject to that Web site’s own rules and policies. Please read those rules and policies before proceeding. The Foundation does not make any representations about the practices and policies of any organization or Web site we link to and disclaims any liability or responsibility for such other Web site’s content, rules, policies or otherwise. 

Types of information we collect
The types of information that may be collected on the Foundation’s Web Site includes: (1) personal information you knowingly choose to disclose that is collected on an individual basis (voluntary registration); (2) Site use information collected on an aggregate basis as you and others browse our site; and (3) Site usage information tied to your personal information. 

Voluntary Registration
Visitors to the Foundation’s Web Site may knowingly choose to register for any of the free e-mail newsletter(s) or other printed materials.  Visitors may also register for events on the First Hand Web Site.  When registering for events, or to receive e-mail newsletters or printed publications, visitors may be asked to voluntarily provide their name, e-mail address, telephone number, work address and other pertinent information.

Visitors who supply information will be included in our general contact database which we will use to send e-mails and other communications consistent with our charitable purpose. 

You may have your name removed from any of our e-mailing lists at any time, by following the unsubscribe instructions at the bottom of every e-mail. If you do not wish to receive printed publications, please send an e-mail to firsthandfoundation@cerner.com, or call the Foundation at 816-201-1569.

Log Files
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, on-site bookmarks, on-site subscriptions, clickstream data and site navigation history.  We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather information about our user base as a whole. The Foundation may collect this non-personal information even if you are not registered on the Web Site.

We may also link this automatically-collected data to personally identifiable information. The Foundation may also link this information to a particular individual or combine it with personal information if the Foundation has determined that it needs to identify a user because of safety or security issues or to comply with legal requirements. We do not share this automatically-collected data with third parties except those that provide direct services to us to facilitate the upkeep of and services provided through the Foundation’s Web Site.

Cookies
To enable us to offer you the best possible experience when you visit the Foundation’s Web Site and to offer continually updated information, we assign you a unique identification number stored in a file on your computer called a “cookie.” Cookies by themselves cannot be used to find out the identity of any user. This unique identification number automatically identifies your browser – but not you – to our computers whenever you interact and browse the Foundation Web Site. 

The cookies automatically gather certain usage information like the numbers and frequency of visitors to the Foundation’s Web Site and areas visited on the Web Site. We only use such data in the aggregate. This collective data helps us determine how much our customers use our Web Site, so we can improve our Web Site to ensure that it is appealing to as many people possible. 

E-mail Tracking
When you sign up to receive information or mailings from the Foundation Web Site, we use clear gifs, web beacons or other such e-mail tracking devices to measure the activity of the e-mail, including your clicking on a link within an e-mail and your forwarding of the e-mail. This information is tied to your e-mail address when stored.

Information Sharing and Disclosure
The Foundation does not rent, sell, or share any personal information about individual users with any third party except to operate the Web Site, provide the products or services you’ve requested and to send you information consistent with our charitable purpose.

We may occasionally hire other companies to provide limited services on our behalf, including packaging and mailing, sending and tracking postal mail or e-mail and processing data. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose. The Foundation reserves the right to disclose your personally identifiable information to respond to a subpoena, court order or other legal process, to defend the Foundation against legal claims, or if the Foundation determines it is necessary to investigate or take action in connection with activities that the Foundation suspects are illegal, threaten the safety of any person or are in violation of these Terms.

Credit Card Information
If you choose to purchase products or pay for event registrations on the Foundation’s Web Site, you may need to provide personal information and authorization for us to obtain information from various credit services. For example, in addition to the information above, you may need to provide a mailing address, billing address, credit card number and telephone number.

Security
When credit card or other personal information is provided through the Foundation’s Web Site, this will be accomplished by establishing a “secure session” using Secure Socket Layer (SSL), or Secure Electronics Transaction (SET) protocols. These protocols encrypt all information before it is sent. The information is scrambled en route and decoded once it reaches our Web Site.

Other e-mail communications may not be secure unless you are advised that security measures will be in place prior to you transmitting the information. For this reason, you should not send confidential information, such as Social Security number, through an unsecured e-mail.

Your Consent
By using our Web Site, you consent to the collection and use of information by the Foundation as outlined in this Privacy Policy. If we decide to change our privacy policies and procedures, we will post those changes on this page so that you always have the opportunity to be aware of what information we collect, how we use it, and under what circumstances we may disclose it.

Warranties

Unless specifically stated, nothing contained in or through the firsthandfoundation.org Web Site other than these legal provisions constitutes, nor is intended to constitute, an offer, inducement, promise, or contract of any kind.

The content provided on the firsthandfoundation.org Web Site is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Foundation makes no representations or warranties of any kind with respect to the firsthandfoundation.org Web Site or its content, such representations and warranties being expressly disclaimed. The Foundation does not warrant that the Foundation Web Site or the servers that make them available are free of viruses or other harmful components.

Moreover, the Foundation does not represent or warrant that the content of its firsthandfoundation.org Web Site is accurate, complete or current for any specific or particular purpose or application. The firsthandfoundation.org Web Site is not intended to provide nor should anyone consider that it provides legal, accounting, tax or other advice. Such advice should only be rendered in reference to the particular facts and circumstances appropriate to each situation. The Foundation encourages you to contact appropriate professional(s) and consultant(s) to assess your specific needs and circumstances and to render such advice accordingly. In addition, the Foundation is not endorsing or recommending the use of the means or methods contained on or through this site for any special or particular purpose.

In addition, any links to non-Foundation information or references to unaffiliated organizations are provided as a courtesy and convenience to you. Such links and references are not intended to, nor do they constitute, an endorsement of the linked materials or the referenced organizations by the Foundation. The content and views on such links and of such organizations are solely their own and do not necessarily reflect those of the Foundation, or the organizations’ officers, directors or employees.

The Foundation expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the firsthandfoundation.org Web Site and content.

In no event shall First Hand, its officers, directors, employees, and/or its agents be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the firsthandfoundation.org Web Site or related services or events, the provision of or failure to provide services or events, or for any information, software, products, services and related graphics obtained through the firsthandfoundation.org Web Site, or otherwise arising out of the use of the firsthandfoundation.org Web Site, whether based on contract, tort, negligence, strict liability or otherwise, even if First Hand has been advised of the possibility of damages.  Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.  If you are dissatisfied with any portion of the firsthandfoundation.org Web Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the firsthandfoundation.org Web Site. 

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF FIRST HAND FOUNDATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION, SERVICE PROVIDED OR EVENT.

Miscellaneous

Governing Law
These Terms and the resolution of any dispute related to these Terms or the Web Site shall be governed and construed in accordance with the laws of the United States and the laws of the State of Missouri applicable to contracts executed and performed within Missouri, without giving any effect to any conflict of laws or rules that may result in the application of the laws of any other jurisdiction. These Terms are deemed executed and enforceable in the State of Missouri.

Binding Arbitration
IF A DISPUTE ARISES BETWEEN YOU AND THE FOUNDATION, EACH PARTY IRREVOCABLY AGREES TO (i) RESOLVE THE DISPUTE THROUGH BINDING ARBITRATION CONDUCTED IN KANSAS CITY, MISSOURI IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), (ii) BRING ANY DISPUTE TO ENFORCE ARBITRATION UNDER THESE TERMS OR TO PURSUE INJUNCTIVE RELIEF EXCLUSIVELY IN THE FEDERAL AND STATE COURTS LOCATED IN JACKSON COUNTY, MISSOURI, UNITED STATES OF AMERICA AND (iii) SUBMIT TO THE EXCLUSIVE JURISDICTION OF THOSE COURTS AND WAIVE ANY OBJECTION TO THE EXCLUSIVE JURISDICTION OF THOSE COURTS BASED ON FORUM NON CONVENIENS OR OTHER GROUNDS. EACH PARTY WILL BE RESPONSIBLE FOR ITS EXPENSES AND AN EQUAL SHARE OF THE ARBITRATORS’ AND ADMINISTRATIVE FEES OF ARBITRATION.  NOTWITHSTANDING THE FOREGOING, EACH PARTY WILL HAVE THE RIGHT TO SEEK TEMPORARY INJUNCTIVE RELIEF IF IT DETERMINES IT IS NECESSARY IN ORDER TO PREVENT IRREPARABLE HARM (INCLUDING INFRINGEMENT OF ANY INTELLECTUAL PROPERTY). YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS WEB SITE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Assignment
You may not assign these Terms or any of your obligations under them without the Foundation’s prior written consent and any attempted assignment is null and void. The Foundation may assign these Terms and any of its obligations under them at any time for any reason.

Electronic Communications; Binding and Entire Agreement
You agree that (i) these Terms constitute an agreement “signed by you” under any applicable law; (ii) any notices or other communication regarding your use of the Web Site may be provided to you electronically (by posting on the Web Site, by e-mail, and other electronic formats) and will be considered received upon posting or other distribution. These Terms (including the Privacy Policy) constitute the entire agreement between you and the Foundation and supersede all other agreements, oral or written, concerning its subject matter. You consent to the use of the English language in these Terms and all documents or notices relating to them and your use of the Web Site. 

Severability
If any of these Terms is determined to be invalid, void or unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if amendment is not possible, and the remaining Terms will be enforceable to the fullest extent permitted by law.

No Waiver
The Foundation’s failure to enforce these Terms in every instance in which they might apply is not a waiver of any of the Foundation’s rights, and the Foundation reserves its right to take all legal steps available to enforce these Terms.

Site Intended for U.S. Residents
The Web Site is intended for and directed to residents of the United States and all advertising claims contained in the Web Site are valid only in the United States.