If any of these terms change, we will notify you. We may notify you of the changes by email, by posting the changes on our website, or by other means. Your continued use of our website indicates your acceptance of the modifications.
The Valentine Project is a nonprofit organization that spreads love to children whose lives have been affected by a chronic illness by sending them gift boxes on Valentine’s Day. Our outreach extends to current patients and survivors of chronic illnesses as well as to their siblings. By visiting the website, volunteers from anywhere in the world can choose a child’s name and make a personalized Valentine’s Day care package for that child. Then the volunteer sends the box to our home in Ohio, where FedEx packs and ships each box to the designated child.
If you sign up a child to receive a package, you make various legal representations to us. Specifically, you represent you are the parent/legal guardian of the child, or you have received permission from the child’s parent/legal guardian to provide the information above. Further, you represent that the child has experienced a chronic illness. If the child does not have a chronic illness, then you represent that the child’s brother or sister is experiencing a chronic illness. Only the child’s first name, first letter of the last name, age, and gender will be publicly displayed. We do not share the medical information of children to the public.
If you do volunteer to sign up a package, you represent that you will send along the package in accordance with the guidelines posted on our website. In particular, you agree that you will send along the package by the appropriate due date. Further, you must be at least 13 years old to volunteer. We do not knowingly collect personal information from anyone under the age of 13 to comply with the Children’s Online Privacy Protection Act.
This contract is governed by Ohio law, and any other legal rules (such as conflict of law provisions) that indicate another jurisdiction’s law should be used do not apply. Further, Summit County, Ohio, shall be the exclusive jurisdiction to hear all suits related to or arising out of this agreement.
You will not engage in unauthorized or inappropriate actions, such as attempting to:
- Hack our site
- Misappropriate information
- Infringe our intellectual property
THIS RELEASE EXTINGUISHES, AND IS INTENDED BY YOU TO RELEASE, ANY AND ALL CLAIMS, KNOWN OR UNKNOWN, AGAINST US. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE TRY TO KEEP OUR WEBSITE BUG-FREE, BUT YOU USE OUR WEBSITE AT YOUR OWN RISK.
As mentioned earlier, Ohio law applies, and not California law. However, if for some reason a court determines that California law applies, you agree to waive Section 1542 of the California Civil Code, which reads: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him [or her], must have materially affected his [or her] settlement with the debtor. Importantly, you agree to release us from any other similar provision contained in the law of another jurisdiction, if a court for some reason believes that such similar provision applies to the dispute.
YOU UNDERSTAND THAT THE FACTS FOR WHICH THE FOREGOING RELEASE IS GIVEN MAY TURN OUT TO BE DIFFERENT FROM THE FACTS KNOWN TO YOU OR BELIEVED BY YOU TO BE TRUE, AND YOU EXPRESSLY ASSUME THE RISK OF THE FACTS TURNING OUT TO BE DIFFERENT AND AGREE THAT THE FOREGOING RELEASE SHALL BE IN ALL RESPECTS EFFECTIVE AND NOT SUBJECT TO TERMINATION OR RESCISSION BY REASON OF ANY SUCH DIFFERENCE IN FACTS.
YOU AGREE TO LITIGATE ALL CLAIMS INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. FURTHERMORE, IN THE EVENT YOU DO SUE, YOU AGREE THAT THE MAXIMUM REIMBURSEMENT YOU WILL RECEIVE IS FIVE DOLLARS, AND THAT SUCH REIMBURSEMENT IS REASONABLE BECAUSE IT IS DIFFICULT TO DETERMINE AN ADEQUATE AMOUNT THAT WOULD COMPENSATE YOU AT THIS TIME, SO THAT AMOUNT IS AN ENFORCEABLE LIDUIDATED DAMAGES PROVISION AND NOT AN UNENFORCEABLE PENALTY. FURTHER, IF YOU WISH TO SUE US FOR AN INCIDENT, YOU AGREE THAT YOU HAVE ONE YEAR IN WHICH TO BRING AN ACTION TO LITIGATE ALL CLAIMS RELATING TO THAT INCIDENT, OR ANY AND ALL CLAIMS RELATED TO THAT INCIDENT ARE FOREVER BARRED.
We collect certain basic personal information from you, such as your name and address to ship orders. We also keep track of other information that helps us better operate our website. For example, we keep track of things like metadata, such as your IP address. The above list is not comprehensive, but is intended to give you an idea of the type of information we collect. Importantly, we use this information to better improve your experience.
Here’s what information we collect and how we use it. This list is in no way intended to be comprehensive, but rather to give you an idea of the types of information that we collect.
We collect various types of personal information from both volunteers who send packages and parents/legal guardians of children who receive packages.
From volunteers who send packages, we will collect things like your first name, last name, email address, phone number, and the organization you’re affiliated with. We may email you or call you to check in and see the status of a package is coming along.
From parents/legal guardians of children, we collect information such as a child’s name, age, gender, street address, city, state, zip, the parent’s name, the parent’s email address, the treatment center, the treating physician, as well as any personal page such as a facebook site or caring bridge site. We use this information so that we know where to send the valentine package as well as who to contact should any issues arise.
We do not store your passwords on our database. We currently use PayPal for donations, so any concerns you have about password security should be directed toward them.
Donations are handled through PayPal. We collect two types of donations: one for the Karlie Plas Irrevocable Trust, and the other for donations to The Valentine Project. Donations to the Karlie Plas Irrevocable Trust are not tax deductible. Donations made to The Valentine Project, Inc. are tax-deductible, as The Valentine Project, Inc. is a registered 501c3 with the IRS.
We must comply with California Business and Professional Codes Sections 22575-22579 as well as California’s “Shine the Light” law in Civil Code section 1798.83, and have done so by explaining what we do with your data in various other parts of this agreement (this applies to other analogous state provisions). If you have any questions or feel we are not complying with such laws, please do not hesitate to contact us at thevalentineproject (at) gmail (dot) com.
Information we collect through the website may be stored and processed in the United States, or any country in which we, our affiliates, or service providers maintain facilities.
An API is software that allows a third party to make use of a site in customized ways. For example, Facebook has an API that allows third parties to use the Facebook platform to make games. We may make use of APIs (like the API provided by Facebook) to improve user experience. However, we cannot guarantee the safety or reliability of this third party software.
We also may use third parties such as PayPal to provide functionality for our site. In case there is a problem with a third party service, you agree to bring an action against the third party service and not us.
We may send you emails from time to time about our products and services. You can opt out of receiving these emails at any time.
If a court determines, for example, that a particular section of this agreement is invalid and void under the law, the rest of this agreement is still applicable.
This agreement is the entire agreement between you and us. You cannot rely on any other representations, either oral or otherwise, to sue us.
We’d be happy to answer them. Contact us at email@example.com