Terms of Use

Cole’s Pages is a service provided through Cole’s Foundation which is a registered 501(c)(3) organization. It is a site designed to help develop a network of friends, family and the general public to help aid and assist you during a medical crisis.  It creates a network of people that are able to keep up to date information on your status as well as stay in touch with family and friends.  Cole's Pages bridges the gap and brings you all of the services our organization has to offer

Your Permission

By reviewing and agreeing to the Terms of Use for Cole’s Pages you are agreeing to comply with and be bound by the agreement made between yourself and the policies of Cole’s Pages.   

Site Log In’s

You will have access to the site by creating your own personal profile or creating a page for you or a family member.  You will have every right to limit access to other users to your personal information based on your privacy settings. They will be preset to only display basic information.  

Privacy Policy

Our Privacy Policy describes the information we collect when you and others use this Site, for example, to create or visit a site. It also describes how we use the personal information you share with us and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy. Please review our Privacy Policy.

A Privacy Policy has been established to create an understanding that Cole’s Foundation will not be using your private information in any form that compromises your information to the general public. The information displayed on your personal site or profile page is posted with your permission by agreeing to this Privacy Policy which is considered to be in conjunction with the Terms of Use.  Information displayed on all sites or profile pages is information that you choose to make public.  It is  understood that your information displayed will be that of your decision.

These Terms Of Use May Change

The Terms of Use policy may be changed or revised without prior permission.  It is your responsibility to take note of any changes to the Terms of Use.  It is suggested that you revisit the terms of use on a normal basis to read any changes that may occur. 

Site Content

Regardless of circumstances, pursuant to Section 230 of the Communications Decency Act of 1996, Cole’s Foundation will not be held liable for any content placed on the site by you or any third party. You or your visitors may be exposed to content posted that is offensive, indecent or objectionable.

You are entirely responsible for all material, photographs messages or graphics posted to your page or profile.  Cole's Foundation will not be responsible for indecent, objectionable, or inappropriate material.  Cole's Foundation reserves the right to delete any and all material that is found to be described as offensive, indecent, objectionable, judge mental or any other content found inappropriate to the staff at Cole's Foundation.

Your Restrictions

You agree not to use this Site to:

...upload, post, transmit or otherwise make available 

  • any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 
  • any Content that you know to be false, misleading, or fraudulent; 
  • any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 
  • any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any individual or entity; 
  • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
  • any photograph without the permission of each person in the photograph; 
  • the name of any individual without that person’s knowledge and consent; 
  • any Content, including any medical information, about an identifiable person without that person's permission; 
  • any Content inconsistent with the values or the spirit of Coles Network
  • link one page to another without consent of author of that page; 

...promote any illegal activity; 

...impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 

...interfere with or disrupt the Service or servers or networks connected to the Service; 

...in violation of any local, state, national or international law, rule or regulation; 

..."stalk" or otherwise harass another; 

...collect or store personal data about other users of this Service; 

By uploading, posting, transmitting or otherwise making any Content available on or through this Site, you are granting Coles Foundation a non-exclusive right to copy, modify, publish and distribute publicly, and prepare derivative works of that Content in accordance with these Terms of Use. If any part of the Content is not your original work, it is your responsibility to obtain permission from the copyright owner before making that Content available to us.

You understand that Coles Foundation does not pre-screen the Content posted on or available through individual Cole’s Pages sites, but that Cole’s Foundation and its designees will have the right (but not the obligation) in their sole discretion to remove any Content that is posted on or available through Cole’s Pages.  Without limiting the foregoing, Cole’s Pages and its designees will have the right to remove any Content that violates these Terms of Use or is otherwise objectionable. 

You acknowledge, consent and agree that Cole’s Foundation may access, preserve, and disclose your personal information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for assistance; or (e) protect the rights, property, or personal safety of Cole’s Foundation, its users and/or the public.

Ownership Of Site And Cole’s Pages Content

is Site, including all of the personalized sites and all of the Content on this Site (other than the Content individuals post on Cole’s Pages sites) is owned by Cole’s Foundation or by third parties who have licensed their copyrights to Coles Foundation. No right, title or interest in this Site, your Cole’s Pages site, or any Content on this Site (other than the Content authors and visitors post on Cole’s Pages) is transferred to you under these Terms of Use. 

Ownership Of Feedback

Cole’s Pages looks forward to feedback regarding this site.  All information and materials submitted to Cole’s Foundation through this Site, such as any comments, feedback, ideas, questions, designs, data or the like (collectively, “Feedback”), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork. 

By submitting Feedback to Cole’s Foundation through this Site, you assign to Cole’s Foundation, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the Feedback you submit. Cole’s Foundation will be entitled to use any Feedback you submit through this Site, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. 

You are responsible for the information and other Content contained in any Feedback you submit to us through this Site, including, without limitation, their truthfulness and accuracy.

The term "Feedback" does not include the Content posted on a Cole’s Pages site.

Right To Modify Or Discontinue Site

Cole’s Pages reserves the right at any time and from time to time to improve or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice. You agree that Cole’s Pages will not be liable to you or to any third party for any modification, suspension or discontinuance of this Site.

Website Links

This Site, including, without limitation, individual Cole’s Pages sites, may provide links to other World Wide Web sites or resources. Because Cole’s Pages has no control over such sites and resources, you acknowledge and agree that Cole’s Foundation is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Cole’s Foundation will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Disclaimer Of Warranties And Limitations Of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COLE’S FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVEN IF AN AUTHORIZED REPRESENTATIVE OF COLE’S FOUNDATION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. 

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COLE’S FOUNDATION, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE ONE HUNDRED DOLLARS. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Additional Terms For Authors Of Sites

The following additional terms apply when you use this Site to create or maintain a Cole’s Page

MUST BE AT LEAST EIGHTEEN

You must be at least 18 years old to create and maintain a site. If you are under 18, your parent or guardian may create and maintain a site for you. Your parent or guardian must register as the author and select the privacy level for the site. 

AUTHOR REGISTRATION INFORMATION

As the author of a site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the setup account form on the “Setup Account” Page, and (b) to maintain and promptly update the Author Account Information to keep it true, accurate, current and complete. 

AUTHOR PASSWORD

As the author of a site, you will be asked to choose a unique password. When you sign in using your Password, you will be able to update your site and set the level of privacy. You may change your Password at any time. 

You are responsible for maintaining the confidentiality of your Password and are fully responsible for all activities that occur under your Password. You agree to notify Cole’s Foundation immediately of any known or suspected unauthorized use of your Password or any other breach of security. Cole’s Foundation cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your Password. 

PRIVACY SETTINGS

We strive to keep secure the information you would like to remain private as well as provide the user the adequate information in finding you.

We have found that some of our authors prefer a completely open site that contains no restrictions regarding who may access the site, some wish to simply have all visitors identify themselves. 

Because our authors have different preferences and needs, we let each author choose from a menu of privacy settings. 

The privacy level and settings for a Cole’s Page may be changed at any time by the author.

Your site will be available to search by the general public unless otherwise noted. The results found willdisplay your web address and name. If your privacy settings are set to restricted the searcher may find your web address but may not access your site.

TERM AND COST OF SERVICE

Unless one of the other provisions of these Terms of Service applies: 

Cole’s Foundation will host your site at no charge to you for one (1) year from the date you create your site. 

At the end of one (1) year, we will review your site for activity. If your site is still active, we may contact you and, if you wish, continue to maintain your site at no charge to you. If your site has been inactive for at least six months as of the end of the first year, we will delete your site. 

After the first year, we will periodically review your site for activity. After the first year, we will delete inactive Web Pages after a six (6) month period of inactivity. 

You may delete/unregister your site at any time. 

TERMINATION

As the author of a Cole’s Page site, you agree that Cole’s Foundation may, under certain circumstances and without prior notice, immediately delete your site. Cause for such termination will include, but not be limited to, (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods (more than six months) of inactivity. Further, you agree that all terminations for cause will be made in Cole’s Foundation’s sole discretion and that Cole’s Foundation will not be liable to you or any third-party for deletion of your Page. 

Additional Terms For Visitors

The following additional terms apply when you use this Site to visit a profile or page:

Profile Registration

By creating a profile you are considered an active user.  Creating false profiles will be punishable to the fullest extent of the law.  You will be held responsible for your profile and the content found there in. 

Fundraising Page

Your fundraising page is the sole effort of Cole’s Foundation to assist individuals during crisis.  By creating your Cole’s Page you understand that funds created from your site are NOT tax deductible. They are considered as a gift to Cole’s Foundation and not of the individual.  Cole’s Foundation willtake administration fees from each gift. Administration Fees are subject to change without notice at any time.  Your account balance may be viewable on your accounts tab within your administration settings.  Cole’s Foundation will not be responsible for funds misplaced, stolen, or involved with fraudulent activity.  By agreeing to these Terms Of Use you completely waive all liabilities, all indirect, consequential, and incidental damages on behalf of Cole’s Foundation (including their respective officers, agents, members, partners, and affiliates).  

Store

Creating a page also comes exclusive with the option to create a store.  By agreeing to these Terms Of Use you completely waive all liabilities, all indirect, consequential, and incidental damages on behalf of Cole’s Foundation (including their respective officers, agents, members, partners, and affiliates).  The proceeds created from items purchased at the store are owned 100% by Cole’s Foundation.  Cole’s Foundation will have the entire rights to decide if and when the donations will then be maid to the individual author of the site.

Funding

Prior to any funds given as a gift any individual receiving the funds must fill out a donation request form proving the legitimacy of their condition.

General Terms

PROTECT THE PRIVACY OF YOUR COLE’S PAGES SITE AND THE COLE’S PAGES SITES YOU VISIT

Every person, including the author, family and all visitors, is responsible for maintaining the confidentiality of the web site address (“URL”) (if Medium or High security settings are selected), the author’s unique username/password, and any visitor username/password. Our system provides a measure of privacy only if the web site address (if Medium or High security settings are selected), the author’s username/password, and the visitor username/password are not shared with others.

Cole’s Foundation has no way of knowing and will not be responsible or liable if the individual accessing a site obtained the web site address or the other settings through improper means. 

In addition, individuals using this Site must understand that the Internet is inherently insecure and no web site operator can guarantee that a web site is secure. Cole’s Foundation does not warrant that this Site or any site is secure or “hackerproof” you use this Site solely at your own risk. 

CHOICE OF LAW AND FORUM

THE TERMS OF USE AND THE RELATIONSHIP BETWEEN YOU AND COLE’S FOUNDATION WILL BE GOVERNED BY THE LAWS OF THE STATE OF MICHIGAN WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN THE COUNTY OF GOGEBIC, STATE OF MICHIGAN.

STATUTE OF LIMITATIONS

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THIS SITE OR THESE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

ENTIRE AGREEMENT

These Terms of Use and the Privacy Policy together constitute the entire agreement between you and Cole’s Foundation and govern your use of this Site, superseding any prior understandings or agreements between you and Cole’s Foundation. This Agreement may be amended or modified only as set forth above.

Effective October 07, 2009

Privacy Policy

Privacy Policy

Cole’s Pages will take every effort to ensure your privacy, while furthering the need to serve families through personalized pages.  This policy will give you a better understanding of how we use your personal information and its direct relation to third parties.

Your Consent

Please take a few minutes to review this Privacy Policy. By using colespages.org (this “Site”), you are consenting to the collection, use and disclosure of your personal information as set forth in this Privacy Policy.

This Privacy Policy May Change

This Privacy Policy describes Cole’s Foundation’s current policies and practices with regard to the personal information we collect through this Site.

We are continually improving and adding to the functionality and features of this Site and improving and adding to the services we offer. As a result of these changes (or changes in the law), we may need to update or revise this Privacy Policy. Accordingly, we reserve the right to update or modify this Privacy Policy at any time, without prior notice, by posting the revised version of this Privacy Policy on this Site. Your use of this Site following any such change constitutes your agreement that personal information collected from or about you through this Site after the revised Privacy Policy is posted will be subject to the terms of the revised Privacy Policy. For this reason, we encourage you to review this Privacy Policy regularly.

Definition Of Personal Information

“Personal information” means information about an identified or identifiable individual. Your personal information may include your name, your address, and your e–mail address.  Personal information may also include certain medical information relating to diagnosis, treatment and related medical information, but only to the extent that you post such information on this Site, including any personal pages you create.

What Personal Information Is Collected Through This Web Site?

Cole’s Pages collects the personal information you and others knowingly and voluntarily provide when you use this Site.  For example, Cole’s Pages collects the personal information you provide when you create, update or visit a site, complete a survey, make a donation, use our referral service, or provide feedback. The information you provide when you use this Site may be your own personal information or may be information about another person. For example, you may create a site to communicate with friends and family about medical treatment your child is receiving and, in the process, may provide us with the name of your child, your child’s medical condition, the type of treatment your child is receiving, and the name of the hospital providing the treatment. Similarly, others may provide us with personal information about you. If you have a friend or family member who has created a site, that individual may give us your e–mail address and ask us to send you a one–time e–mail inviting you to visit his or her site. Please read further to learn how we use this type of personal information.  Any information you post to this Site, including any personal pages your or another user creates, shall be considered public and having your express permission for use.

How Is The Personal Information That Is Collected Through This Website Used?

Generally, Cole’s Foundation uses the personal information you share with us to provide the services you requested or for any other purposes identified below at the time you provided the information. Please read further to see how we use specific types of information.

How Do We Use Contact Information?

We use your contact information to communicate with you. For example, we use your contact information to respond to your questions or to communicate with you about your account.

From time to time, we may send you service related announcements. For example, if our service is temporarily suspended for maintenance, we may send all users an e–mail. These communications relate directly to your use of our service. You may not “opt-out” of receiving these communications, but you may deactivate your account or cease using our service at any time and, when you do, you will no longer receive service related e–mail.

In addition, from time to time, we may send you news and information about Cole’s Pages, our sponsors and partners, or our services. We may also send you information about our fund–raising activities or requesting a donation. If you do not wish to receive these updates or requests, you may “opt–out” at any time by following the directions printed at the bottom of the e–mail.

How Is The Registration Information Used?

The information you provide when you register as an author to confirm you are at least 18 years old and to create or update a site and personalize this Site for you and your visitors.

We also use this information you provide to compile statistics about our users and their use of our site. These statistics do not identify you personally. These statistics help us understand the needs and preferences of the groups we serve and improve the content and functionality of this Site.

How Is The Survey Information Used?

From time to time, we may post a survey on this Site or, if we have your contact information, we may send you a questionnaire or survey. Your participation in any survey is always voluntary. We compile statistical information from the responses to our surveys. These statistics do not identify you personally. These statistics help us understand the needs and preferences of the groups we serve and improve the content and functionality of this Site.

How Is The Feedback Used?

We welcome your feedback about this Site, such as comments, feedback, ideas, questions, designs, data or the like (collectively, “Feedback”). We use your Feedback to improve this Site. By submitting Feedback to us, you assign to Cole’s Foundation, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information and/or materials you submit. Cole’s Foundation will be entitled to use any Feedback you submit through this Site, and any ideas, concepts, know–how or techniques contained in any such Feedback, to improve this Site, our service or for any other purpose whatsoever. However, we will not use any Feedback you submit through this Site in a way that violates applicable privacy laws.

How Does Cole’s Pages Use Notebook Entries, Message Book Entries And Photographs?

Web sites, by their very nature, contain a great deal of personal information about the author of the site, guests to the site, and other individuals. Cole’s Pages, including all notebook entries, all message book entries, and all photographs, may be viewed by anyone who accesses the site. For this reason, we offer password protection and let the author of the site control the level of privacy that will apply to his or her site.

In general, we do not use the personal information contained in notebook entries, message book entries, or photographs, except to provide this online service to you, your friends and your family. We do not have the resources to monitor every site and do not have the obligation to do so. We do, however, reserve the right to review the content of any site, for example, if we receive a complaint about misuse of this Site or as part of a random spot check. We reserve the right to delete any journal entry, guestbook entry or photograph and to take legal action against anyone who violates our Terms of Service.

We reserve the right to disclose the content of any site in response to a subpoena or as required by applicable law. Finally we reserve the right to disclose journal and guestbook entries, photographs, and other information posted on this Site with law enforcement authorities if, in our sole judgment, the content of any posting violates any applicable law.

Do We Share Personal Information With Others?

There may be some, limited circumstances in which we may share or transfer the information in our databases or the content of a site to an unrelated third party, for example, to comply with a legal requirement, to enforce our Terms of Service, in response to a subpoena, to protect the security of this Site and the integrity of our databases, if we transfer the ownership or operation of this Site to another organization, if we merge with another organization, or in some similar event. Where appropriate, before disclosing personal information to a third party, we will contractually require the third party to take adequate precautions to protect that information against unauthorized use or disclosure.

We share statistical information about the use of our site with our donors, sponsors and partners. This information does not identify any individual personally.

Technical Information Collected

When you access this Site, we use standard web server technology to collect technical information, such as the name of your Internet service provider, its IP address, the name of your operating system (such as Windows® or MacIntosh®), your browser type (such as Firefox® or Internet Explorer®), the length of time you spend on our site during a visit, the pages you visit, and so on. This information does not identify you personally, and we do not attempt to tie this technical information to any of the personal information you provide. We use this information to improve this Site and make it more compatible with the technology used by our visitors.

Privacy Settings

Low:

  • Visitors do not need to know the web address (“URL”) of the site to visit the site. The site will appear as a result in the Cole’s Pages Search Engine.
  • Visitors will not be required to register before viewing the site. 
  • Visitors will, however, be required to register before they may post message book entries or tribute entries to the site. 

Medium:

  • Visitors must know the web address (“URL”) of the page to visit the site. 
  • You may create a “Blocked Visitor List” so that Visitors who are registered and on the Blocked Visitor List will not have access to the site. 

High:

  • Visitors must know the web address (“URL”) of the page to visit the site. 
  • Visitors will be required to register before viewing or posting entries to the site. 
  • You may create a list of individuals that you would like to block by providing their email.

PROTECT THE PRIVACY OF YOUR SITE AND THE SITES YOU VISIT

Every person, including the author, family and all visitors, is responsible for maintaining the confidentiality of the web site address (“URL”) (if Medium or High security is selected), the author’s unique username/password, and any visitor password. Our system provides a measure of privacy only if the web site address (if Medium or High security is selected), the author's username/password, and the visitor password are not shared with others without the author’s permission.

We have no way of knowing and will not be responsible or liable if the individual accessing a site obtained the web site address or the other settings through improper means.

In addition, individuals using this Site must understand that the Internet is inherently insecure and no web site operator can guarantee that a web site is secure. We do not warrant that this Site or any site is secure or “hackerproof” you use this Site solely at your own risk.

Links To Other Web Sites

This Privacy Policy applies only to this Site.  This Site contains links to web sites that are not operated by Cole’s Foundation. The authors of our sites frequently post links to third party sites on their page. These links are provided as a service and do not imply any endorsement of the activities of these third-party web sites nor any association with their operators. We do not control these web sites and are not responsible for their data practices. We urge you to review the Privacy Policy posted on any web site you visit before using the web site or providing any personal information about yourself.

HIPPA

Cole’s Foundation is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 (HIPPA). Medical providers that post information on Cole’s Pages, however, are not exempt from compliance with HIPPA, and Cole’s Foundation and Cole’s Pages are not responsible for posters’ compliance with their obligations under HIPPA.

Questions About Our Privacy Policy

If you have any questions about this Privacy Policy or concerns about the way we processes your personal information, please contact us by writing:

Cole’s Pages
Attn: Privacy Concerns
220 Roosevelt St
Ironwood, Mi 49938