These Terms of Service (the “Terms”) govern your access to and use of this website (the “Site”) owned and operated by the Restoration of America Foundation (“ROA Foundation”), a 501(c)(3) nonprofit organization.
By accessing or using the Site, you are agreeing to these Terms and entering into a legally binding contract with ROA Foundation, INCLUDING WAIVER OF ANY RIGHT TO PURSUE CLAIMS AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
If you are unwilling or unable to be bound by the Terms, do not access or use the Site.
ROA Foundation reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms at any time without notice. Your continued use of the Site is subject to all such revisions. For information on how ROA Foundation collects, uses, and shares your personal information, please see the ROA Foundation Privacy Policy.
Site Restrictions
The Site and the services offered through the Site are only for personal, non-commercial use. To access or use the Site, you must be 13 years old or older and have the requisite power and authority to enter into these Terms. If you know of someone using the Site who is under age 13, please contact ROA Foundation at info@roafoundation.org
As between you and ROA Foundation, ROA Foundation owns all right, title, and interest in the Site, including the look and feel of the Site and the content thereon. Your use of the Site does not grant you any ownership interest in the Site or any element thereof.
Prohibited Conduct
You may not use the Site to take any action that could harm ROA Foundation or any third party, interfere with the operation of the Site, or use the Site to violate any law. By way of example but not limitation, you may not: (a) act in a manner that negatively affects other users’ ability to engage in real-time exchanges; (b) alter, edit, or delete the materials on the Site, including the deletion of any trademark or copyright notices on the Site; (c) interfere with or disrupt the Site, ROA Foundation’s servers, or networks (e.g., “flooding” or the sending of mass unsolicited messages) or otherwise harm the Site or other users; (d) intentionally or unintentionally violate any applicable local, state, national, or international law or any regulations having the force of law; (e) impersonate any person or entity or misrepresent your connection to any person or entity; (f) “stalk,” harass, or otherwise advocate the stalking or harassing of another person; (f) collect or store personally identifiable information about other users in connection with the prohibited conduct and activities set forth herein; (h) reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Site; (i) attempt to override or circumvent any security measures of the Site or ROA Foundation’s third-party providers or access parts of the Site you are not authorized to visit; (j) engage in any unauthorized screen scraping, database scraping, or spidering, or collection of personally identifiable information, or use any other automated means to collect information from the Site; (k) use any software, tool, or other device (such as browsers, spiders, or avatars) to search the Site, other than the search functionality offered through the Site or other generally available web browsers; (l) link directly to any image hosted on the Site in a manner that would cause the image on the Site to be hosted on another web site; (m) link to the Site in such a manner that the Site or any portion thereof is “framed” on another web site; (n) attempt to reverse-engineer or decrypt any software on the Site; or (o) facilitate or encourage the violation of any of the policies set forth in these Terms.
Mobile Service
If the Site is accessible via a mobile device, ROA Foundation does not charge a fee for this, but your mobile service carrier fees may still apply. Further, downloading, installing, or using certain portions of the Site may be prohibited or restricted by your mobile service carrier, and not all features may function properly with all carriers, devices, or software. ROA Foundation recommends you check with your mobile service carrier to find out what restrictions, if any, may be applicable to your mobile service.
Text Opt-In Data
Text opt-in consent data will not be sold or shared with third parties for promotional or marketing purposes. Except as otherwise stated, we don’t sell, trade, rent, or otherwise share for marketing purposes your Personal Information with third parties without your consent.
Links
The Site may contain links to other websites. ROA Foundation does not monitor or check the accuracy of such third-party materials and accordingly, ROA Foundation has no control over such third-party sites and resources. ROA Foundation is: (a) not responsible for the availability of such external sites or resources; and (b) does not endorse and is not responsible or liable for any advertising, products, or other materials on or available from such third parties. If you decide to access a third-party link, you do so at your own risk. You should review any terms and conditions and privacy polices prior to navigating to such third-party site from the Site.
Contributions to ROA Foundation
ROA Foundation does not solicit unsolicited feedback, ideas, documents, suggestions, or other information (“Contributions”) about its services. If you provide a Contribution, ROA Foundation will be free to use any Contributions provided by you for any purpose, such as improving its services and creating derivative technologies based upon such Contributions. All Contributions are provided voluntarily and free of any third-party rights or encumbrances.
Modifications to Site
ROA Foundation reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. ROA Foundation will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Termination
ROA Foundation may terminate or suspend, without notice and in its sole discretion, your access to the Site.
Representations and Warranties and Indemnity
You represent and warrant that you have full authority to enter into and accept these Terms and grant the rights and licenses herein. You shall defend, indemnify, and hold harmless ROA Foundation, its parents, subsidiaries, and affiliates, and all of their directors, officers, agents, shareholders, and employees against all third-party claims, damages, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) arising out of or in connection with: (a) your breach or alleged breach of the representations and warranties set forth herein; (b) your use of the Site; and/or (c) your violation of these Terms or any law or regulation. ROA Foundation reserves the right, at its own expense, to take over the defense of any claim subject to indemnification by you, and, if so, you shall cooperate with ROA Foundation’s defense as reasonably requested in defense of the claim.
Disclaimer of Warranties
ROA Foundation does not represent that the information displayed on the Site is accurate or reliable. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. ROA FOUNDATION MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE SITE OR THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS, OR DATA. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SITE MAY BE SUBJECT TO INTERRUPTION, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF WIRELESS APPLICATIONS AND ELECTRONIC COMMUNICATIONS, AND ROA FOUNDATION IS NOT RESPONSIBLE FOR ANY SUCH DELAYS, DELIVERY FAILURES, OR ANY OTHER DAMAGE RESULTING FROM EVENTS BEYOND ROA FOUNDATION’S REASONABLE CONTROL. FURTHER, ROA FOUNDATION MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE IN REGARD TO ANY INFORMATION DOWNLOADED, OR OTHERWISE OBTAINED BY YOU THROUGH THE SITE FROM A THIRD PARTY. THIS INCLUDES ANY APPLICATION, CONTENT, OR LINK PROVIDED BY A THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (INCLUDING WITHOUT LIMITATION, WIRELESS DEVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ROA FOUNDATION BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, DATA, BREACH OF USER SECURITY, TERMINATION OF USER ACCESS, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OR THE USE OF OR INABILITY TO USE THE SITE, EVEN IF ROA FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR EXCLUSIVE REMEDY AND ROA FOUNDATION’S TOTAL AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, IN CONNECTION WITH, OR INCIDENTAL TO THESE TERMS FOR ANY REASON WILL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY YOU, UP TO ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON INCLUDING, WITHOUT LIMITATION, PERSONAL HARM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY TO YOU.
Choice of Law and Venue
Illinois law will govern these Terms, as well as any claim, cause of action, or dispute that might arise between you and ROA Foundation, without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within DuPage County, Illinois.
Class Action Waiver
YOU AND ROA FOUNDATION WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST EACH OTHER AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. You agree that you will pursue any claim or lawsuit against ROA Foundation as an individual and will not bring, maintain, or participate in any class action, collective action, or representative action against ROA Foundation, and that, if you are included within a class, collective, or representative action, you will take all steps necessary either to opt out of the action or refrain from opting in.
Trademark Information
ROA Foundation and any trademarks associated with ROA Foundation are the property of ROA Foundation. All trademarks on the Site that are not owned by ROA Foundation are the property of their respective owners. In no event will any ROA Foundation trademarks or other trademarks be deemed licensed, sold, or assigned to you as a result of your acceptance of these Terms or by your use of the Site. All rights not expressly granted herein are reserved.
Copyright
The Site and the information on the Site (including text, photos, graphics, software, video, and audio) are protected by copyright law as collective works or compilations. All individual text, photos, graphics, software, video, audio, and other elements of the Site are also protected by copyright. You are prohibited from publishing, displaying, reproducing, distributing, entering into a database, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Site, except that you may access and view the content on the Site on your computer or other digital device and make single copies or prints of the content on the Site for any purpose not inconsistent with the conduct prohibited in the “Prohibited Conduct” section above. Copying or storing any content for any other purpose is prohibited.
General
These Terms and the Privacy Policy comprise the entire agreement between you and ROA Foundation with regard to your use of the Site and supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein. All notices, requests, or other communications must be in writing and sent via email or US pre-paid post to the authorized representative of the other party. If any part of these Terms is found to be illegal, unenforceable, or invalid, then that part will be removed, and remaining provisions will continue to be valid and enforceable. No joint venture, partnership, employment, agency, or exclusive relationship will exist between you and ROA Foundation. Any failure to enforce any provision of these Terms will not constitute a waiver of such rights. All indemnities, licenses, disclaimers, limitations, and restrictions of warranty will survive termination of these Terms, as well as the provisions of this “General” section.
Contacting ROA Foundation
If you have any questions regarding these Terms or ROA Foundation, please feel free to contact ROA Foundation at: info@roafoundation.org
