TERMS AND CONDITIONS OF USE
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE (“TOU”) BEFORE USING WWW.RACF.ORG (the “Site”). By continuing to access, link to, or use the Site, including any information, features, and functionality located on the Site, you signify your acceptance of and agree to be legally bound by the TOU.
Rochester Area Community Foundation (the “Community Foundation,” “our,” “us,” or “we,”) is the owner and operator of the Site, and we reserve the right, in our sole discretion, to modify the TOU at any time, with or without notice to you. Any such modifications shall be effective immediately, so you should continue to review the TOU whenever you access the Site for use. Your use of the Site, or any product or service on the Site, after the posting of modifications to the TOU will constitute your acceptance of the TOU, as modified. If, at any time, you do not wish to accept the TOU, you should immediately discontinue any use of the Site. Any terms and conditions proposed by you, which are in addition to or which conflict with the TOU, are expressly rejected by us and shall be of no force or effect.
We and our licensors and suppliers of content, suppliers of equipment, agents, members, managers, officers, employees, representatives, successors, and assigners may, at their sole discretion, and at any time, discontinue this Site, in whole or in part, or may prevent or restrict your use of the Site or any product or service on the Site, in each case with or without notice to you. You agree that you do not have any rights in the Site and that we will have no liability to you if the Site is discontinued or your ability to access the Site or any content posted on the Site is terminated.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site, including but not limited to all content, is hereby expressly prohibited.
Content and Intellectual Property Rights
All content on the Site, including but not limited to, articles, other text, photographs, directories, images, guides, audio clips, and promotional copy, as well as the emblems, trademarks, trade names, copyrights, copyrightable material, service marks, and any other form of intellectual property (collectively, “Intellectual Property”) is owned by or licensed to us or third parties and are protected from unlawful use, replication, and distribution by copyright, trademark, publicity, and other laws. Nothing in the TOU is to be interpreted as transferring or licensing any Intellectual Property to you. Unless specifically permitted in writing by us, you shall not duplicate, capture, trade, upload, or otherwise exploit in whole or in part any of the Intellectual Property. Any use of the Intellectual Property other than as permitted by the TOU will constitute a violation of the TOU and may constitute copyright and/or patent infringement.
We respect the Intellectual Property of others and ask that our users do the same. In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notice of claims of copyright infringement on the Site. Our Copyright Agent may be reached at email@example.com.
Online Services; Permitted Use
The Site may contain various interactive portions, such as a message board or other types of features that allow users to post content on the Site (“Online Services”). We have no obligation to actively monitor the Online Services, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content that may be posted or uploaded by a user.
Prohibited Use of the Site
You may not attempt or cause to attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, by hacking, password “cracking,” or any other illegitimate means. You may not breach or cause to breach the security or authentication measures on the Site or any other systems or networks connected to the Site, or otherwise attempt to interfere with the proper functioning of the Site. You will not falsify your identity or impersonate another person engage in conduct that limits the use and enjoyment of the Site, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion.
In addition, you agree not to and will not assist another to:
- reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, in whole or in part, except as expressly permitted by us;
- upload, post or store any materials that directly or indirectly contain viruses, corrupted files or any other similar harmful mechanism;
- link to, mirror or frame any portion of the Site without our prior express written permission;
- scrape, index, survey, or data mine any portion of the Site or unduly burden or hinder the operation of the Site; or
- remove any notice of the proprietary rights of our licensors and us from any portion of the Site or printed version thereof.
Payments and Donations
When you make a purchase or a donation through our Site, your payments are processed by third-party payment processors. Any payment processor may have their own terms and conditions and you should ensure you agree with these prior to making any payment. If your transaction with any such entity is not successful, then your purchase will not be fulfilled.
Linking to the Site
Subject to the terms and conditions of this TOU, you are permitted to link to our homepage for the Site. You may not link to the Site in a manner that may damage our reputation or take advantage of it or suggest an approval or endorsement without our prior written consent. You may not establish a link from any website that is not owned by you. You agree to cooperate with us in causing any unauthorized linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Links to Other Services
This Site may contain links to independent third-party websites (“Linked Services”). We provide these Linked Services solely for your convenience and do not control or endorse any of them. We are not and cannot be responsible for the content, security, or privacy policies of such Linked Services.
We have used commercially reasonable efforts to implement a variety of administrative, managerial, and technical security measures designed to protect your personal information from unauthorized use and disclosure. We cannot, however, guarantee security of the information collected by us and we cannot promise that such measures will prevent third-party “hackers” from illegally accessing the Site or its contents. We are not responsible or liable for any third-party access to or use of the information collected by us.
Disclaimers and Limitation of Liability
We make no representations about the suitability, reliability, completeness, availability, timeliness or accuracy of the features of, or content on, this Site. We disclaim all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF WE HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION; USE OF OR INABILITY TO USE THE SITE OR ANY LINKS OR INFORMATION ON THE SITE OR ANY PROVISION OF THE TOU, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. WE CANNOT AND DO NOT WARRANT THAT YOUR MATERIALS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION, SUPPLIED BY YOU WILL NOT BE INTERCEPTED, DELETED, MISAPPROPRIATED OR USED BY OTHERS. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
You agree to release, indemnify, defend and hold us harmless and our affiliates, and their respective shareholders, officers, members, managers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable legal fees and costs (whether brought by third parties or otherwise) (collectively, “Claims”) due to or arising out of your use of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.
The owner of the Site is based in the United States. If you choose to access the Site from outside of the United States, you do so on your own initiative and at your own risk. You agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access the Site. In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the transmission of technical data exported from the United States. We make no representation that you will be able to obtain access to the Site, either within or outside of the United States.
Remedies for Breach
If we determine, in our sole discretion, that you have breached any portion of these TOU, or have otherwise demonstrated conduct inappropriate for the Site, we reserve the right to (a) remove your name and information from our notification lists; (b) notify and/or fully cooperate with the proper law enforcement authorities for further action; and/or (c) any other action which we deem to be appropriate.
If your registration with or ability to access the Site and/or any other product, content, or service provided to you is discontinued by us due to your violation of any portion of the TOU or for conduct otherwise inappropriate, in our sole discretion, for the Site, then you agree that you shall not attempt to re-register with or access the Site and/or any other product, content, tool, or service provided by us, through use of a different name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to the products, contents, or services provided by us to which your access has been terminated. In the event that you violate the immediately preceding sentence, we reserve the right, in our sole discretion, to immediately take any or all actions set forth in this section without any notice or warning to you. The remedies contained in the TOU are not the exclusive remedies for your breach but will be in addition to all other remedies available to us by law or in equity.
The TOU and the relationship between you and us shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You irrevocably agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York with respect to any legal proceedings that may arise in connection, interpretation, or breach of the TOU.
Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
If any provision of this TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then such court shall endeavor to give effect to the intentions reflected in the provision and the provision shall be deemed severable from these TOU and shall not affect the validity and enforceability of any remaining provisions.
We may assign the TOU or any part of them, and we may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
Limitations on Claim
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Changes to TOU
We may alter these TOU from time to time, and your use of the Site (or any part of the Site) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the TOU have been changed. If you do not agree to any change to the TOU then you must immediately stop using the Site.