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Handbook for Patients
Handbook for Patients
In order to be eligible for VAKKAS’ services, you must submit the following documents to VAKKAS P.O. Box 8313:
(1) A copy of your financial eligibility determination letter by your 501(c) (3) Hospital in line with the Patient Financial Assistance Policy, PFAP. (Please see alternative documentation below if your hospital is NOT a 501(c)(3) Hospital).
(2) A copy of your hospital statement which shows the outstanding balance for your treatment after all insurance, gifts, charity assistance are taken into account. The amount shown must match the amount you indicated on your online pre-registration form.
(3) If you are receiving treatment at a non a 501(c)(3) Hospital, then you must provide in lieu of (1) above, a written and signed statement from the Financial Counselor or the Billing Department of your Hospital that you are being charged industry-negotiated rates and/or are receiving a self-pay discount. You must still provide (2) above.
(4) If you are diagnosed with an illness other than cancer, then you must provide in addition to (1) and (2), and (3) if applicable, a written and signed statement from your main hospital physician that “you are diagnosed with and are being treated for a "catastrophic illness"
Please remember that VAKKAS donations are only sent to the qualified and financial aid eligible patients` Hospital Accounts uniquely for help with their treatment cost not covered by insurance and other gifts.
Choose your illness
The outstanding hospital bill amount must match the amount stated on your documents submitted to VAKKAS in addition to the online pre-registration form.
A lump-sum donation of $600.00 might be requested for the corresponding number of psychosocial therapy sessions or an interested health organization might donate psycho-social support in-kind (equivalent to $600.00 in value)
You can add up to three medications related to the treatment of your stated illness in your stated hospital.
By making your profile private, we ensure that
! Don't forget ! Providing your information will increase the chances of finding contributors
VAKKAS, A NJ NON-PROFIT CORPORATION
FEIN # 46-3845991
Vakkas is a 501(c)(3) organization.
Gifts are tax deductible to the full extent allowable under the law.
Effective Date: October 10, 2013
Last Revised: April 2015
Summary of Service
VAKKAS is a platform which enables donors or contributors ("Contributors") to fund clinical hospital treatments for financially eligible and approved under-insured and uninsured cancer patients and patients with other catastrophic illnesses ("Profiles") receiving treatment in federally qualified 501(c)(3) hospitals in the United States. Qualified Profiles receiving treatment at non 501(c)(3) hospitals may be eligible if they submit additional documentation as explained in paragraph 35.
Treatments funded through the Site are provided by the federally qualified 501(c)(3) and, in certain circumstances, non 501(c)(3) hospitals, in the United States (collectively, "Hospitals"). Contributors, Profiles, Hospitals and Pharmaceutical companies using the Service are altogether VAKKAS Users ("Users"). Through the Service, the Site provides an online platform for helping the communities of financially needy cancer patients and patients with catastrophic illness through designated tax-deductible donations in honor of these patients by the public. Hospitals and Pharmaceutical Companies become Contributors when they make donations to Profiles through the Site.
Through the Service, email, websites, and other media, VAKKAS makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, other materials and information, and associated trademarks and copyrightable works (collectively, "Content"). Users of the Service may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content ("User Submissions").
VAKKAS reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. VAKKAS may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
The Service is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. If you are registering an Account on behalf of a minor who is younger than at least 18 years old (and at least the legal age in your jurisdiction), you must certify, register and create an account as a legal guardian.
Registering Your Account
Treatments: Fundraising and Donations
VAKKAS is a platform where Contributors fund clinical hospital treatments for financially eligible under-insured and uninsured cancer Patients and Patients with catastrophic illnesses ("Profiles") receiving clinical treatment at qualified United States 501(c)(3) and non 501(c)(3) Hospitals. Donations can be in the form of monetary contributions or in-kind, such as medication coupons from Pharmaceutical companies, and clinical trial and treatment offers from the latter, Hospitals or other relevant institutions, at no cost to the Profiles who express their interest and willingness, on their registration forms, to be matched with clinical trial and treatment options.
You agree to provide your payment information at the time you fund a Profile. The payment will be collected at the time of the donation. The amount you donate is the amount you will be charged.
You agree to provide VAKKAS with a PayPal account and associated payment information ("Payment Provider").
By providing VAKKAS with your PayPal account and associated payment information, you agree that VAKKAS is authorized to immediately invoice your Account for all donations that you make to Profiles and that no additional notice or consent will be required.
You agree to immediately to notify VAKKAS of any change in your billing address or PayPal account used for payment hereunder. VAKKAS reserves the right at any time to change its billing methods, either immediately upon posting on the Site or by e-mail delivery to you.
If Contributors set up recurring donations and, for unexpected reasons, Contributors must stop those donations, they should contact VAKKAS and terminate their agreement.
VAKKAS reserves the right to cancel a donation at any time and for any reason.
VAKKAS reserves the right to reject, cancel, interrupt, remove, or suspend a Profile and any User (including Contributors) at any time and for any reason. VAKKAS will not be liable for any damages as a result of those actions. VAKKAS may or may not comment on the reasons for any of those actions. If a Profile or any User is rejected, canceled, interrupted, removed or suspended, or is no longer a Profile for any reason, all Contributors and other relevant Users that have funded the affected Profile will be so notified, after which time the Contributor(s) or the relevant User(s) will be able to advise VAKKAS on the reallocation of any unused portion of their donations toward other and related causes and in honor of other patients. The final decision on the reallocation of any unused portion of donations rests solely with VAKKAS. If any Contributor(s) or relevant User(s) fail to provide that advice in a timely manner, all donated funds will be reallocated to other eligible Profiles receiving treatment within the same Hospital or as determined by VAKKAS, in its sole discretion.
While VAKKAS will make every reasonable effort to have Profiles send thank you notes upon receipt of donations, VAKKAS cannot guarantee and cannot be held liable for Profiles posting thank you notes on the Site (or failing to do so).
One hundred percent (100%) of the amounts donated to a Profile by a Contributor or by any other relevant User will be allotted to the provision of the clinical treatment described in that Profile account and will be sent by VAKKAS to the Profile's Hospital Account. VAKKAS does not charge any fees for its services and does not take any percentages of donations for its services.Payment fees charged by VAKKAS's payment collectors, including PayPal and possibly others, will be deducted from the donations that Contributors and other relevant Users make to a Profile.
How do monetary and non-monetary CONTRIBUTIONS work?
Contributors make tax-deductible monetary donations to VAKKAS in honor of cancer patients and patients with catastrophic illnesses who can provide proof that their financial needs are approved and certified by their treating hospitals; or for specific cancer- and other catastrophic illness-related causes.
They can "adopt a patient" by signing up to meet the hospital bills and/or psycho-social needs for the lump-sum payment of fixed dollar amount, which could be donated in installments, indicated on the Site for the corresponding Profile. They can also donate to a specific cause (selected by diagnosis, state, hospital, etc.) by selecting "DONATE TO A CAUSE" rather than in honor of patients They can choose to make a "one time contribution" of their specified amount of donation in honor of patients or for specific illness-related causes.
If a Hospital or Pharmaceutical company chooses to “adopt a patient” by donating their services in the form of clinical treatment free of charge, psycho-social treatments free of charge or medication coupons, it becomes a Contributor.
Patients post thank you notes on the Site if and when they receive donations within a reasonable period of time upon receipt of that donation. Thank you notes are also posted by VAKKAS if and when donations are made in honor of a cause, within a reasonable period of time upon receipt of the donation. While VAKKAS will make every reasonable effort to have Profiles send their thank you notes upon receipt of their donations, VAKKAS cannot guarantee and cannot be held liable for Profiles posting thank you notes on the Site (or failing to do so).
While VAKKAS takes every reasonable precaution to respect the advice of Contributors, VAKKAS is solely responsible for deciding how to use the donations to help the communities of cancer patients and patients with catastrophic illnesses with financial needs.
Eligible patients from eligible United States 501(c)(3) Hospitals can register at the Site for a chance to be matched with contributors. In addition to the online registration, Patients must send VAKKAS:
(i) a copy of their hospital billing statement showing the diagnosis and the outstanding balance for clinical treatment for cancer or other catastrophic illness after all insurance, gifts and charity are taken into account. This amount must match the amount requested on the Site for donations;
(ii) a copy of their financial eligibility determination letter provided to them by their 501(c)(3) Hospital as a result of the Patient Financial Assistance Policy.
2. Eligible patients with catastrophic illnesses other than cancer and receiving treatment at eligible United States 501(c)(3) Hospitals must send the following additional document:
(i) a written statement certifying that they have been diagnosed with a "catastrophic illness," which must be signed by the Patient's primary physician at the Hospital.
3. Patients with cancer or other catastrophic illness who receive treatment at non 501(c)(3) Hospitals must send the following additional documents in addition to the above-stated documents:
(i) A written note from the Hospital that the charges for diagnosis and/or treatment are no more than the amounts the Hospital bills to Medicare for such services.
4. The following are not eligible to register on the Site:
• Patients receiving cancer or other catastrophic illness treatment in hospitals outside the United States.
• Patients who do not send the above-mentioned required documentation, or who do not pass the verification process as determined by VAKKAS.
Non US citizens who do not have the means to verify their financial eligibility as a result of the Patient Financial Assistance Policy are not currently accepted, but may be included in the future, if and as VAKKAS detects such a need and as VAKKAS' financial and administrative capacity grows to be able to verify this pool of needy patients.
5. Caregivers and family members can register their eligible patients, if the latter are not physically or mentally capable of doing so themselves.
6. Legal guardians and caregivers can register eligible patients who are minors (less than 18 years of age (or the age of majority in your jurisdiction).
7. Registering at VAKKAS as a patient does not guarantee that the requested funds for the outstanding hospital balance for cancer treatment will be met, either fully or partially.
8. The completion of the VAKKAS application is not a guarantee that a patient will be matched with a Contributor.
9. VAKKAS reserves the right to deny registration of patients, regardless of who makes the registration, within the framework of its administrative, technical, financial and other operational limits. It will never discriminate based on gender, race, color, sexual orientation, gender, identity, religious affiliation, age, disability, veteran status, national origin or any other basis prohibited by law.
10. Ultimate determination as to whether a patient qualifies to register with VAKKAS and become an eligible Profile will be made by VAKKAS, in its sole discretion, based on its review of the relevant circumstances.
11. The more information a patient is able to provide on VAKKAS' registration forms (diagnosis, gender, a short message, photo, etc.), the greater the likelihood a successful match will be made with a Contributor.
12. Unpredictable events might occur during treatment that can cause changes in the stated Hospital bill. If that should happen, the patient cannot make changes to his/her Hospital bill already stated in his/her VAKKAS registration.
14. If a Profile decides to change his/her hospital after treatment has started and the associated bills have been posted online, he/she can keep his application with the former Hospital affiliation and the associated outstanding balance for his/her cancer treatment there. He/she cannot start a new application for the new hospital treatment bills at the new hospital.
15. If a patient Profile already approved and registered on the Site answered "YES" to the question "Are you open to clinical trials?", then he/she agrees that VAKKAS can contact him/her with information on interested hospitals / institutions that are offering potentially suitable clinical trial and treatment programs. Upon written confirmation from such patients, VAKKAS can share the contact information of the offering hospital / clinical treatment-trial institution with the Profile in question, and not vice-versa. VAKKAS will not provide the patient information to the offering/contributing Hospital / Pharmaceutical company / institution.
16. If a Profile accepts the clinical trial offer/contribution of such a Hospital / Pharmaceutical company / institution, he/she is bound to tweet/email/send written notification to VAKKAS that he/she has done so and post an acceptance and THANK YOU note on the Site within ten business days of accepting the offer. Thank you notes can be sent by caregivers or social workers if the patient is not able to do so. VAKKAS is not liable or responsible for patients or caregivers or legal representatives posting thank you notes.
17. Acceptance of a clinical trial/treatment at an offering/contributing Hospital/institution is considered by VAKKAS a successful adoption of the patient by a Contributor.
18. All Patient Profiles are required to send written notification on the Site once charitable donations have reached their hospital accounts, or as soon as they have accepted an offer of treatment by another Hospital or clinical trial institution.
19. VAKKAS requires that the Profile send a thank you note within the ten business days after the patient learns that a donations has reached his/her hospital account.Profiles are not allowed to renew their registration on VAKKAS if a thank you note is not sent. Profiles who cannot comply with this requirement are urged to contact VAKKAS for a possible extension of the thank you note period.Thank you notes can be sent by caregivers or social workers if the registering patient profile is not able to do so, and in the case of patient Profiles who are minors, by their legal guardians.
20. If a Profile has not been matched with contributors within the 60-day period following his/her registration, VAKKAS will contact the Profile to inquire about status and his/her wishes regarding continued interest in being registered at the Site. VAKKAS has the right, in its sole discretion, to assess and reassess the profile's eligibility and the possibility of continued use of, or removal from, the Service.
21. Patients must provide complete and correct information on their registration forms and can be held liable for any false, incorrect or incomplete responses.
22. By registering on the Site, the patient gives his/her express permission for the use of his/her story/image (except that full names will never be used) in connection with all charitable fundraising efforts, including it being published on a website promoting a charity event, and/or in press releases, articles, news stories and/or other related media. The right to the patient's image/story is granted worldwide and in perpetuity, but only for use as set forth herein, and not in any other manner.
23. VAKKAS does not seek to obtain any patient's medical records and/or treatment information. Patients and all Users registering at VAKKAS agree to provide the necessary registration information and agree not to sue or make any claim against VAKKAS for any violation of HIPAA or any related law, rule or regulation, or for any other reason related to their use of the Service and Site.
25. While VAKKAS takes every reasonable precaution to respect the advice of Contributors, it cannot be held responsible for how its charitable donations, both monetary and in-kind, are used to help financially needy patients with their treatment expenses, and the expected thank you notes that may not be posted in a timely manner or at all. VAKKAS will have full control and discretion over all contributions, and cannot be bound by a commitment or "understanding" that the contribution will benefit a specific, designated individual(s).
Once a successfully approved and registered patient Profile is matched successfully with one or more Contributors to fully cover the entire amount of his/her outstanding Hospital bills stated on his/her registration form and as verified by the required additional documents sent by the patient to VAKKAS, donations are sent by VAKKAS to that patient Profile's Hospital account.
If the Profile changes his/her Hospital / treatment institution when or after the donation has been sent, the Profile cannot take this donation with him/her to his/her new Hospital / treatment institution.
Should a patient die and any donation money remains in his/her account, Hospital must notify VAKKAS and refund the remaining donation amount to VAKKAS, which VAKKAS will donate to other and related causes toward its mission.
Federally qualified 501(c)(3) Hospitals and certain non 501(c)(3) Hospitals can register on the Site (through the Social Worker or the Oncology Nurse/Navigator). The information of the registering hospital officer can be made private by choosing “make my information private.”
Once registered, Hospitals are able to search the VAKKAS patient Profile Database and send a clinical trial / treatment offer through VAKKAS to eligible patient Profiles who have given their prior consent and interest in receiving such information and offers. The registered Hospital can send VAKKAS a message about potential candidates and VAKKAS will contact the profile(s) in question to verify their continued willingness to receive information and offers. Hospitals cannot contact Profiles directly or indirectly.
If a Hospital makes an offer", this means that the Hospital is willing to provide the patient(s) with full sponsorship of clinical care cost at its institution. It is then up to the profile to work directly with the offering Hospital to decide if he/she is willing to change his/her current hospital, and transfer to the new Hospital. If the profile agrees, then both the Hospital and the patient should post the news on the Site.
If a Hospital offers a clinical trial and/or treatment, including psycho-social treatment free of charge, to a patient and a successful match is made, the Hospital will be considered a Contributor.
Hospitals not registered at the Site cannot offer clinical trial or treatment information, including psycho-social treatment information or offers to patients Profiles through the Site.
If profiles receiving in-kind donations at Hospitals or institutions other than their treatment hospitals choose to switch their institution of treatment, VAKKAS cannot be held liable for profiles' decisions and free will.
If eligible cancer patients from non 501(c)(3) Hospitals register to use the Service, they must obtain from their Hospital a written statement attesting that the Hospital's charges for diagnosis and/or treatment are no more than the amounts the Hospital bills to Medicare for such Service, in addition to the billing statement that shows the outstanding balance after all insurance and gifts have been taken into account.
If eligible cancer patients from 501(c)(3) Hospitals register to use the Services, they must provide VAKKAS with a copy of their Patient Financial Assistance Policy eligibility determination letter, in addition to the billing statement that shows the diagnosis and the outstanding balance after all insurance and gifts have been taken into account.
Eligible Patients with catastrophic illnesses other than cancer must, in addition to the above-stated applicable documents, provide a signed statement from their primary care physician at their Hospital that they are diagnosed with and treated with a “catastrophic illness.”
While VAKKAS takes every reasonable precaution to respect the advice of Contributors, it cannot be held responsible for how its charitable donations are channeled, and the thank you notes that may not be posted timely or at all.
By registering at the Site, the Hospital/User gives his/her express permission for the use of his/her story/image (except that full names will never be used) in connection with all charitable fundraising efforts, including it being published on a website promoting a charity event, and/or in press releases, articles, news stories and/or other related media.
VAKKAS does not seek to obtain any patient's medical records and/or treatment information. Patients and all Users registering at VAKKAS agree to provide the necessary registration information and agree not to sue or make any claim against VAKKAS for any violation of HIPAA or any related law, rule or regulation, or for any other reason related to their use of the Service and Site.
While VAKKAS takes every reasonable precaution to respect the advice of Contributors, it cannot be held responsible for how its charitable donations, both monetary and in-kind, are used to help financially needy patients with their treatment expenses, and the expected thank you notes that may not be posted in a timely manner or at all. VAKKAS will have full control and discretion over all contributions, and cannot be bound by a commitment or "understanding" that the contribution will benefit a specific, designated individual(s).
FOR PHARMACEUTICAL COMPANIES
Pharmaceutical companies are encouraged to send medication coupons as donations to VAKKAS.
Pharmaceutical companies can contribute medication coupons with or without registering on the Site and can also make bulk coupon donations which VAKKAS can use to assist Profiles by sending them to their Hospitals. Pharmaceutical companies cannot advice on the channeling of coupons by VAKKAS.
When registering with the Site, Pharmaceutical companies use the address and contact information of the person authorized to send medication coupon donations to VAKKAS. Pharmaceutical companies can make this information private by choosing "make my information private" during the registration process.
If any particular medication is most needed byregistered and approved patient Profiles, VAKKAS can contact the relevant Pharmaceutical companies to alert them to this need.
By registering on the Site, Pharmaceutical company gives its express permission for the use of its story/image in connection with all charitable fundraising efforts, including it being published on a website promoting a charity event, and/or in press releases, articles, news stories and/or other related media.
Rules and Conduct
• infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
• is false, misleading, or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortuous, obscene, offensive, profane, or invasive of another's privacy;
• constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
• involves commercial activities and/or sales without VAKKAS's prior written consent, such as contests, sweepstakes, barter, advertising or pyramid schemes;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of VAKKAS or any third party, including but not limited to, violating or attempting to violate any security features of the Service;
• is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
• impersonates any person or entity, including any employee or representative of VAKKAS.
2. Additionally, you shall not: (i) take any action that imposes or may impose (as determined by VAKKAS in its sole discretion) an unreasonable or disproportionately large load on VAKKAS's or its third-party providers' infrastructure; (ii) interfere or attempt to interfere with the proper functioning of the Service or any activities conducted on or through the Service; (iii) bypass any measures that VAKKAS may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Mail list, Listserv, or any form of auto-responder or "spam" on or through the Service; or (v) use any manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials).
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Service. When you access third-party websites, you do so at your own risk. Those other websites are not under VAKKAS's control, and you acknowledge that VAKKAS is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Service does not imply endorsement by or affiliation with VAKKAS. You further acknowledge and agree that VAKKAS shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
Content and License
You agree that the Service contains Content provided by VAKKAS and its Users, and that the Content may be protected by copyright, trademark, service mark, patent, trade secret, and/or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed on or through the Service. VAKKAS grants to each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial purposes is prohibited without prior written permission from VAKKAS, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:
• VAKKAS will not own your User Submissions. However, you grant VAKKAS the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") used therein in connection with (a) the Service, (b) VAKKAS's (and its successors' and assigns') businesses, and (c) promoting, marketing, and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels (including, but not limited to, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you, in connection with the provision or marketing of the Service. The foregoing license grant to VAKKAS does not affect your other ownership or license rights in your User Submissions, including the right to grant additional non-exclusive licenses to your User Submissions.
• You are publishing your User Submissions, and you may be identified publicly by your name, if you have chosen to make the latter public, or by your User ID in association with your User Submissions.
• You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for their own personal, non-commercial purposes.
• You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have obtained written permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant all of the license rights granted herein.
• VAKKAS shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
• All Content in any User Submissions publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that User Submission originated.
• VAKKAS will not be liable for any errors or omissions in any Content.
• All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
• You agree that the submission of any ideas, suggestions, documents and/or proposals to VAKKAS through our suggestion, feedback, wiki, forum or similar pages (collectively, "Feedback") is at your own risk and that VAKKAS has no obligation (including, but not limited to, any obligation of confidentiality) with respect to any Feedback. You represent and warrant that you have all rights necessary to Submit the Feedback. You hereby grant to VAKKAS a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit in any manner, any Feedback, and to sublicense the foregoing rights in connection with the operation and maintenance of the Service.
1. VAKKAS will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any Content uploaded to or posted in the Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement. It is VAKKAS's policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to VAKKAS by the copyright owner or the copyright owner's legal agent.
2. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements.Displaying, performing, storing, copying, distributing, and/or otherwise making available or using any Content from the Site is prohibited, unless specifically authorized by VAKKAS in writing.Accordingly, no such Content may be used on another website without express written permission from VAKKAS.
3. VAKKAS will not permit any Content known to be infringing to remain on the Site.If you believe that any content on the Site infringes your copyright, please contact VAKKAS's copyright agent, who can be reached as follows:
By mail: VAKKAS, P.O. Box 8313, Princeton, NJ 08543, Attn: DMCA Claims
By e-mail: firstname.lastname@example.org Subject: Copyright
4. Please be sure to include the following information:(i) a description of the copyrighted work that you allege is being infringed (and registration information if such work is registered with the Copyright Office), (ii) the specific location of the allegedly infringing material on the Site, (iii) your signature (digital or hard-copy), (iv) your name, address, telephone number, and email address, and (v) a statement (notarized if possible and made under penalty of perjury) that:(A) you are the copyright owner or are authorized to act on behalf of the copyright owner, (B) you believe in good faith that the rights of the copyright owner are being infringed, and (C) the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law).Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), VAKKAS will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
VAKKAS may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all Content and information associated with your Account. VAKKAS may terminate a Profile's Account if, following the receipt of a donation, the Profile fails to post a thank you note, including through a legal representative, caregiver and/or social worker, on the Site within ten days after receipt of the donation.VAKKAS may terminate a Hospital Account if the latter attempts to contact any Profile directly and/or fails to refund to VAKKAS unused portion of donations. If you wish to terminate your Account, you may do so by following the instructions on the Site and by contacting VAKKAS by email or phone.
Any donations made and fees paid to VAKKAS are non-refundable.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. VAKKAS AND ITS TRUSTEES, ADVISORS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT OR COVENANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITIONS LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): VAKKAS MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE SITE OR ANY WEBSITE LINKED TO THE SITE. VAKKAS will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on VAKKAS's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
If you are a California resident, you hereby waive, to the maximum extent permitted by law, any and all rights you may have under California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor."
VAKKAS is not and will not be responsible for making donations directly to the patients registered on the Site. It only provides a platform for connecting eligible Profileswith possible Contributors. VAKKAS will use every reasonable effort to find contributors for Profiles registered on its Site. However, VAKKAS does not guarantee that a Profile will connect with one or more donors or have all or any part of his/her unpaid treatment hospital bill paid.
VAKKAS does not promise that a registered Profile’s treatment will be successful. VAKKAS is only a platform where registered and approved patient Profiles can be matched with philanthropic Contributors.
VAKKAS only lists the information posted by the User and is not liable for any mistakes such as the information listed by Profile in the hospital bill amount requested, the medications requested, the cost associated with pyscho-social support requested / donated, or any other information presented by the User including information posted by the Profile and/or verified by the Hospital.
Once VAKKAS transfers a donation to the Hospital of the Profile as advised by the Contributor, or in line with such other criteria as may be specified by the Contributor, if any, VAKKAS is not responsible for any possible dispute that may arise between any of the following or other parties: the Profile, the Hospital, the Contributor, the Pharmaceutical company or any other registered or non-registered person or entity, or any other party.
VAKKAS will not have any liability if a Profile registered with the Service chooses to accept a clinical trial/treatment at another hospital registered on the Site and leaves his/her current treatment institution.
VAKKAS will not have any liability if a Profile who accepts a clinical trial/treatment at a hospital other than his/her first hospital stops this treatment/trial or changes his/her mind or is not satisfied with any conditions associated with this trial/treatment/hospital.
VAKKAS will not have any liability if a Profile whose registration is deleted or whose renewal of registration is denied due to a failure to timely send a thank you note in the past, or for any other reason.
If Contributors make contributions in honor of a cause, and/or in honor of one or more Profiles, VAKKAS will use every reasonable effort to take into consideration the advice of those Contributors. Contributors cannot ask for changes to their original request.VAKKAS will not have any liability for any post-donation or other concerns.
Immediate family members of VAKKAS Trustees, officers, directors, employees, contractors cannot use the Service. If they do so without the knowledge of the VAKKAS Board of Trustees, the latter will not have any liability.
VAKKAS will not be under any obligation to ask or learn whether Contributors, who may choose to stay public or private, are family or friends of the Profiles or other Users.
Limitations of Liability
IN NO EVENT SHALL VAKKAS, NOR ITS FOUNDERS, TRUSTEES, ADVISORS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITE, THE CONTENT OR THE SERVICE (i) FOR ANY LOST PROFITS, LOST DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (ii) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (iii) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATIONOF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Accessing the Service is prohibited from territories where doing so is illegal. If you access the Service from locations outside of the United States, you do so at your own initiative and you own risk. You are responsible for compliance with local laws.
Electronic Delivery, Notice Policy, and Your Consent
By using the Service, you consent to receive from VAKKAS all communications, including, but not limited to, notices, agreements, legally required disclosures, and other information relating to the Site and the Service (collectively, "Contract Notices") in an electronic format. VAKKAS may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Service.
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