TERMS OF USE

 

Please review the following terms and conditions carefully. These Terms Of Use (collectively the “Terms”) are a legally binding contract between you and the Amy Krouse Rosenthal Foundation ("AKRF," "our," "we," or "us"), a non-profit 501(c)(3) charitable organization, pertaining to the access and use of the services offered, and all products, information, content, media, content, printed materials, and "online" or other electronic documentation accessible from www.amykrouserosenthalfoundation.org (the "Site").  

 

The Site is offered by AKRF without charge on the express condition that you accept, without modification, and abide by these Terms. Your access and use of the Site is conditioned upon your continued compliance with these Terms. AKRF reserves the right to change the Terms at any time by reasonable notice, including, without limitation, by posting revised terms on the Site (which shall constitute reasonable notice), and such amended terms shall be binding upon you; thus, you should consult the most recent version of these Terms each time that you view the Site.

 

Our Mission

AKRF is committed to the early detection of ovarian cancer and childhood literacy – two missions important to Amy Krouse Rosenthal.  The Site is designed, and all uses of the Sites are intended, to be in furtherance of our Mission.

 

User Obligations 

You represent that you are at least eighteen (18) years of age (or the legal age of majority (whichever is greater)) and will, at all times, provide lawful and accurate information. Individuals under the age of eighteen (18) (or the legal age of majority) may utilize the Site only with the involvement and acceptance of these Terms by a parent or legal guardian and then solely under such parent or legal guardian’s supervision. In addition, you agree to abide by all applicable local, state, territorial, provincial, national, and international laws and regulations with respect to your use of the Site. You access the Site on your own volition.

 

License Grant

These Terms provide to you a personal, revocable, non-commercial, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Site conditioned on your continued compliance with the Terms.  You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.  By copying and/or downloading materials from the Site, including our name and logo, you agree to the Terms.


Restrictions on Use of MaterialsNotwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy (in any way, including scraping), distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site.  In addition, use of the name and logo or links bearing the AKRF name and logo may not indicate or create an impression that AKRF endorses, approves, sponsors, or is affiliated with your products, goods, services, or website.


Proprietary Rights

These Terms provide only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that AKRF transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else. Except as expressly provided herein, AKRF does not grant any other express or implied right to you or any other person under any intellectual or proprietary rights. This Site and its contents are copyrighted to AKRF as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. The Amy Krouse Rosenthal Foundation and all other names, designs, logos, and icons identifying AKRF and its programs, events, solutions, or services are proprietary trademarks of AKRF, and any use of such marks, including, without limitation, as domain names, without the express written permission of AKRF is strictly prohibited. Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.


Privacy Policy

You understand, acknowledge, and agree that the operation of certain areas of the Site may require or involve the submission, use, and dissemination of various personal information. Please see AKRF’s Privacy Policy for the Site for a summary of AKRF’s personal information practices.


Donors; Donations 

By donating money through the Site, you represent and warrant that you are authorized to make such payment and use the payment method selected, and you authorize AKRF (or our third-party payment processor) to charge your payment method for the total amount of your donation. You acknowledge and agree that AKRF makes no representation as to whether or not your donation is personally tax deductible or eligible for tax credits. You further acknowledge and agree that: (a) all donations to AKRF  support AKRF’s mission, and donations may not be further restricted to any particular purpose; (b) designated donations and any applicable transaction fees will be charged to the credit or debit card or other payment method you designate; (c) all payments will be processed through AKRF’s designated third-party payment processor, and AKRF does not directly collect or store your credit card information; and (d) all processed donations may be final and non-refundable.


Feedback

AKRF welcomes your feedback and suggestions about AKRF, AKRF’s services, or how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to AKRF, you represent and warrant that you own all rights to such Feedback and the Feedback does not infringe the rights of any third party. In addition, when you submit Feedback, you irrevocably assign all right, title and interest in the Feedback to AKRF and waive in favor of AKRF, its successors and assigns any and all moral rights that you have or may have in the Feedback and agree to provide AKRF such assistance as it may require to document, perfect, and maintain AKRF’s rights to the Feedback. Without limiting AKRF’s ownership rights to the Feedback described in this paragraph, you also agree that AKRF may use such Feedback in any manner and in any medium.


Communications 

From time to time, the Site may offer users the ability to post content or otherwise communicate or submit materials such as comments, remarks, responses, suggestions, ideas, graphics, opinions, photos, or other information (referenced herein as a “Submission(s)”). Any Submission you provide should reflect your own honest opinions, findings, beliefs, or experience. Personal medical information is often highly sensitive information. As such, AKRF asks that you be very careful in your selection of what information you choose to include in your Submissions. You also agree that you will not upload, post, display, transmit, or otherwise send any of the following in any Submissions:

  • statements or material that defames, harasses, abuses, stalks, threatens, discriminates, intimidates, or in any way violates the rights of others;

  • unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others;

  • statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;

  • statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;

  • statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of AKRF;

  • statements or material that misrepresents your affiliation with any entity and/or AKRF;

  • anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any medical information or other personally identifying information of another individual;

  • statements or materials that are unlawful;

  • statements or material that constitutes junk mail, spam, or unsolicited or unauthorized commercial electronic messages, advertising, or promotional materials;

  • statements or material that are “off-topic”; or

  • files that contain malicious code, viruses, or any other similar software or programs that may harm or damage another’s computer, network, or the Site.


By posting a Submission, you provide AKRF with a nonexclusive, worldwide, fully paid-up and royalty-free, perpetual, irrevocable, transferrable, assignable and unlimited license to use, reproduce, transmit, perform, display, sublicense, and create derivative works of your Submission in connection with the Site and for any lawful purpose, and you waive in favor of AKRF, its successors and assigns any and all moral rights that you have or may have in the Submission. You represent that you have all necessary rights to make the Submissions available to AKRF.


Accordingly, notwithstanding this right and license, it is understood that by merely permitting your Submission to be collected through or appear on the Site, AKRF has not become and is not necessarily a publisher of your Submission and is merely functioning as an intermediary to enable you to provide and display your Submission. You also acknowledge that AKRF has no control over the extent to which any idea or information may be used by any party or person once you post or display it to a public area of the Site.


Funding Opportunities. 

In promoting its missions, AKRF, from time to time, may invite you to respond to Calls for Ideas ("CFIs"), Requests for Proposals ("RFPs"), or otherwise apply for research grants through the Site (collectively referenced herein as the “Funding Opportunity(ies)”). By submitting any content or materials (collectively referenced herein as the “Proposal(s)”) in response to a Funding Opportunity, you hereby grant AKRF and its partners the right to use, review, and share your Proposal. You acknowledge and agree that your Proposal is subject to and will conform to the specific requirements and terms set forth in the Funding Opportunity. You are solely responsible for rights clearance and accuracy, and you hereby represent and warrant that you own all rights, title, and interest in or to the Proposal or have the full right, power, and authority to grant the rights granted herein. You also represent and warrant that you are not aware of any investigation, claim, or litigation involving the Proposal; the Proposal does not violate or infringe the rights of any other party or the laws or regulations of any government or judicial authority; the Proposal is accurate to the best of your knowledge; and the Proposal does not include any libelous, defamatory, or unlawful materials. Nothing herein shall be construed as obligating AKRF or its partners to review, select, use, accept, or otherwise fund your Proposal.


Links to Other Sites

AKRF may provide links to other Internet sites or resources. AKRF likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links are provided solely for your interactive enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by AKRF.


No Medical or Other Professional Advice

NOTHING CONTAINED IN THE SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, OR OTHER PROFESSIONAL ADVICE. THE SITE, INCLUDING THE MATERIAL AND ANY RELATED SERVICES OR INFORMATION THEREIN, DOES NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD NOT RELY ON ANY INFORMATION ON THESE PAGES TO REPLACE CONSULTATIONS WITH QUALIFIED PROFESSIONALS TO MEET YOUR INDIVIDUAL NEEDS.


Warranty Disclaimer 

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SITE IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AKRF AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. AKRF DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT AKRF IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AKRF OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, EVEN IF AKRF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF AKRF AND ITS SUPPLIERS/LICENSORS UNDER THESE TERMS OF SERVICE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITE.

 

Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.

 

Indemnification

YOU AGREE THAT YOU WILL HOLD HARMLESS AKRF, ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, LICENSORS, AND SUPPLIERS FROM ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES OR OTHER SITES TO WHICH THEY ARE LINKED. IF YOUR USE OF MATERIALS FROM THE SITES RESULTS IN THE NEED FOR SERVICING OR REPAIR OF EQUIPMENT OR DATA, YOU WILL ASSUME ANY COSTS THEREOF.

 

IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE TERMS, YOU WILL INDEMNIFY AND HOLD AKRF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS, AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY AKRF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS, AND SUPPLIERS PERTAINING TO AKRF'S USE OF THE INFORMATION AND CONTENT PROVIDED BY YOU IN CONNECTION WITH THE SERVICES, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MIDSCONDUCT OR GROSS NEGLIGENCE, OR ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT, OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME, OR CONTENT PROVIDED BY YOU IN CONECTION WITH THE SERVICES, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY, OR EXPENSE ARE BASED IN WHOLE OR IN PART ON AKRF'S OWN NEGLIGENCE. IN NO EVENT SHALL AKRF'S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.

 

Acceptable Use Policy for Services & Sites

You will not, and will not allow or authorize others to, use the Services or the Site to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance, or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex, or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on AKRF or its licensors' or suppliers' infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and/or distribution of "junk mail," "spam," "chain letters," "pyramid schemes," or other deceptive online marketing practices, or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Site or any servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site, or attempt to breach the security of or disrupt Internet communications on the Site (including, without limitation, accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of AKRF's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site; (xi) collect or store personal data about other account users or attempt to gain access to other account users' accounts or otherwise mine information about other account users or the Site; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between the Site's servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network, or account ("cracking") on or from the Site; or (xiv) are contrary to AKRF's public image, goodwill, reputation or mission, or otherwise not in furtherance of the Promise.

 

In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of AKRF or its licensors' or suppliers' content, software, or infrastructure; (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer any of AKRF or its licensors' or suppliers' software or infrastructure; or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms to any third party, or otherwise commercially exploit or profit from the information or content of the Sites (or any part or portion thereof).

 

IMPROPER USE OF THE SITE WILL RESULT IN LOSS OF YOUR ACCESS TO THE SITE AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.

 

Term & Termination

These Terms are effective from the date that you first access the Site or on the date that you activate your account for the Services, whichever is earlier, and continues in effect until terminated in accordance with these Terms.

 

AKRF may terminate your access to the Site or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Site; (viii) discontinuance of the Services as a whole; (ix) a statement by you that you no longer agree to these Terms, or a statement by you otherwise requesting termination of your access to the Services; (x) completion of the AKRF or other fundraising event or program in which you are participating; and/or (xi) any other reason reasonably considered by AKRF to be in its best interest.

 

Your access to the Site or the Services also will terminate automatically if you fail to comply with any term or provision of these Terms. You agree that any termination of your account and/or your access to the Site or the Services may be effected without prior notice, and you acknowledge and agree that AKRF may immediately deactivate or delete your account and all related information, files, or content in your account and/or bar any access to such information or content by you or others. AKRF shall not be obligated to return or provide copies of any information, files, or content in your account to you upon deactivation.

 

You further agree thatAKRF shall not be liable to any third party for any termination or deactivation of your access to the Site.  Upon termination, AKRF will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to AKRF with respect to the Services terminated or the Site; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms, which by their nature are intended to survive termination (such as indemnification), shall survive the termination of your access to the Site or the Services.

 

Deactivation of the Site

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or any part or portion thereof. Nothing in these Terms shall be construed to obligate AKRF to maintain and support the Site, or any part or portion thereof, during the term of these Terms.

 

Notice of Claims of Intellectual Property Violations

The content of the Site may include pictures, information, testimonials, letters, marks, slogans, and other content uploaded or provided by third parties or otherwise received from third parties. AKRF does not permit the use of content on the Site that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms. If you believe that any of the content on the Site infringes your copyright or trademark rights or your rights of publicity, please provide the following information:

 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks, or publicity rights have been infringed on the Site, a representative list of such works, marks, or publicity rights.

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AKRF to locate the material.

  4. Information reasonably sufficient to permit AKRF to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted.

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

AKRF's agent of the notice of any claim of infringement of any copyright or trademark or right of publicity is its Executive Director, who can be reached as follows:

By mail:Amy Krouse Rosenthal FoundationAttention: Executive Director111 W Washington StSuite 1500Chicago, IL 60602

 

Please provide all of the information requested above. No specific form is required to provide AKRF with notifications of possible infringement. However, it will take AKRF longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.

 

Governing Law; Venue

These Terms are governed by the laws of the State of Illinois, U.S.A., excluding any conflict of laws, rules, or similar principals, and the applicable laws, regulations, and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Cook County, Illinois. 

 

Dispute Resolution

In the event of any dispute arising out of these Terms, you and AKRF each agree to use good faith efforts to resolve our differences amicably. In the event those efforts are unsuccessful, you and AKRF agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or AKRF may initiate the mediation process with thirty (30) days' prior written notice to the other. The dispute shall be submitted to mediation in Chicago, Illinois, U.S.A. Costs of mediation shall be borne equally by both you and AKRF. Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and AKRF agree to extend the time by mutual agreement or unless the mediator declares you and AKRF to be at an impasse. Notwithstanding the above, in the event that AKRF believes that immediate injunctive relief is required to protect its rights, AKRF may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.

 

Miscellaneous

If any provision of these is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms.

Failure by us to enforce any particular term of these Terms shall not be construed as a waiver of any of our rights hereunder.

 

Contact Information

If you have any questions regarding these Terms, you may contact AKRF:

Amy Krouse Rosenthal Foundation
Attention: Executive Director
111 W Washington St
Suite 1500
Chicago, IL 60602

contact@amykrouserosenthalfoundation.orgDated: July 13, 2020