Terms and Conditions

General

The Simon Foundation owns and operates this Website.  This document governs your relationship with the Rude2Respect.org (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period.

This Website may contain links to other websites (the “Linked Sites”), which are not operated by Rude2Respect.org. Rude2Respect.org has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

All names and addresses provided by visitors to theRdue2Respect website for the purposes of receiving requested information from us are kept strictly confidential. Unless required by law, we will not disclose, sell or share your individual personal information with others outside our organization.

If you have shared personal information with us to request information be mailed to your home, we will use address information for the requested mailings.  We will retain your address for 24 months, and then discard it, or sooner if you so request, because we may wish to re-contact you with new information that we believe may have value to you or to ask for your support of the Simon Foundation for Continence.

Google Analytics is used on the website and it collects anonymous data so that we can make improvements to the visitor experience. Google Analytics reports anonymous user location information that is derived from your IP address or Google Account. Personal information submitted on forms is not reported to Google Analytics.  This information is retained for only 24 months.  You can learn more about how Google collects and processes your data, by visiting https://www.google.com/policies/privacy/partners/   You can also prevent Google Analytics from using your information. You can do this by opting out at this link:  https://tools.google.com/dlpage/gaoptout

If you sign-up to receive our blog, your information is held in a GDPR compliant database so that we may continue to send emails to you about blog posts.  You may unsubscribe from this service at any time by either contacting us, or by unsubscribing when you receive an email from us (located at the bottom of the email).

When you make a donation to the Foundation or make a purchase, our payment processing software will collect some or all of the following information: first and last name, your billing address,  physical address, credit card or other payment information. This purchase information is kept by the processor for three years to ensure proper payment and crediting of accounts.  We will retain information on your donation for as long as the US IRS legally requires us to do so.

The Simon Foundation for Continence websites use cookies (a cookie is a small piece of data or a text file that is downloaded to your computer or mobile device when you access certain websites). When you agree to accept our use of cookies, you are giving us, and the third parties that we partner with, permission to place, store, and access cookies on your computer.  You can also reject the use of cookies, but this may mean that some functionality of our website will be lost to you, the end-user.

If you have any questions or concerns regarding how we collect, use or retain information, please do not hesitate to write to us at info@simonfoundation.org

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Rude2Respect.org will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Rude2Respect.org or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Rude2Respect.org and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with Rude2Respect.org you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Rude2Respect.org retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be  Rude2Respect.org or may in some cases be a third party. Where a contract is made with a third party Rude2Respect.org is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract 

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you the goods which you ordered. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

(c) Payment 

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Rude2Respect.org and its suppliers, and content providers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Rude2Respect.org’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Rude2Respect.org and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Rude2Respect.org.

Indemnity

You agree to indemnify, defend and hold harmless Rude2Respect.org its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

Rude2Respect.org shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

Please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Rude2Respect.org. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Rude2Respect.org.