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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.
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.
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.
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 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.
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.
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.
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.
ROA Foundation may terminate or suspend, without notice and in its sole discretion, your access to the Site.
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.
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.
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.
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.
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.
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.
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.
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.
If you have any questions regarding these Terms or ROA Foundation, please feel free to contact ROA Foundation at: info@roafoundation.org
This Privacy Policy governs 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 using the Site and/or by indicating your assent to this Privacy Policy, you agree that this Privacy Policy governs your use of our Site and any dispute concerning the Site.
Please take a few minutes to read the Privacy Policy before using or registering to access our Site.
The information ROA Foundation gathers through the Site falls into two categories: (1) information users voluntarily supply when using the Site, and (2) information collected automatically through users’ use of the Site.
(1) Information You Provide to Us
Unless you voluntarily provide ROA Foundation with any personal information, such as your email address, the Site does not collect personal information about you without your knowledge. If you opt-in to ROA Foundation email newsletters or other news alerts, ROA Foundation will collect personal information about you, such as your name, postal address, email address, user name, password, or mobile phone number.
Depending on the nature of the service, you may be free to register for the service without providing this additional information.
You may provide information to ROA Foundation when you:
(2) Information Collected Automatically When You Use the Site
When you visit the Site, ROA Foundation collects the following information: The name of the domain from which you access the Internet (for example, aol.com, if you are connecting from an America Online account); the date and time you access the Site; the Internet address of the web site from which you linked directly to the Site or the Internet address of the computer used to link to the Site. This information is used for Site management purposes only.
ROA Foundation and our service providers or other third parties acting on our behalf or with our permission, may use embedded scripts, cookies, web beacons, device identifiers and other tracking technologies to operate, analyze, and improve our Site and tailor content to user interests. Third-party companies that provide some of the tools and features accessible through our Site and other websites also may use tracking technologies to collect information about your use of our Site.
A “cookie” is a small text file (often containing a unique identifier) that helps us to make your use of our Site more enjoyable and meaningful to you. Cookies are accessed and recorded by the websites you visit, and by the companies that deliver the advertisements you see on our Site, so they can recognize the same browser navigating online. Cookies can also help you avoid having to log in every time you come back to use the Site. They also allow us to tailor a website to better match your interests and preferences. There are a couple different types of cookies. A “session” cookie is stored only in your computer’s working memory and lasts only for your browsing session. When you close all of your browser’s windows, or when you shut down your computer, the session cookie disappears forever. A “persistent” cookie is stored on your computer’s hard drive until a specified date, which could be tomorrow, next week, or 10 years from now. Persistent cookies stay on your computer until they either, a) expire; b) are overwritten with newer cookies; or c) you manually remove them. Most browsers can be configured not to accept cookies. This may, however, prevent you from having access to some site functions or features. Your browser can also notify you when a cookie is set. (Check the “Help” menu of your browser to learn how to change your cookie preferences.) Please be aware that certain browsers cannot block or delete so-called “Flash” cookies, which use a feature of the Adobe Flash video player to store information on your computer. For information about how to delete Flash cookies, please visit the Adobe website here. The Site may use spotlight ads/web beacons/GIF/pixel tags, which are site instrumentation tools that help us to determine, for instance, whether a page has been viewed or not; and if so, how many times. In general, any electronic image viewed as part of a webpage, can act as a web beacon, which is a small string of code that embeds a small graphic image (usually invisible) on a web page or in an email. When your browser downloads a web beacon, the server that sends the corresponding image to your browser can recognize and store certain types of information such as cookies previously set, the time and date that you viewed the page embedded with the beacon and a description of that page.
When you use a mobile device to access the Site, ROA Foundation may collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based location information).
ROA Foundation may use that information to customize the Site with location-based information and features. For example, if your IP address indicates an origin in Reno, the Site may be customized with Reno-specific information. In order to do this, your location information may be shared with our agents or vendors.
If you access the Site through a mobile device and you do not want your device to automatically provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details. We may still ask for a zip code or other location information.
ROA Foundation may offer social network posting and sharing tools through the Site, including a “share” button that allows you to post links to content and features that you believe will be of interest to others on your social network pages. Those tools are operated by third parties. When you use one of those sharing tools, the third-party company that operates the tool may be collecting information about your browser, device, and online activity through its own tracking technologies and subject to its own, separate privacy policy.
In particular, when you make a contribution via the Site, the transaction is processed not on the Site but on a secure donation site using encrypted code on a secure and dedicated web server. The personal information that is requested is the same that ROA Foundation would request for donating through the mail. ROA Foundation does not retain records of contributors’ credit card numbers.
ROA Foundation will not use information that we collect about you or that you provide to us for commercial purposes.
ROA Foundation might use information that we collect about you or that you provide to us including in the following ways:
Except as otherwise expressly noted herein or within the Site, ROA Foundation may share information collected with entities affiliated with the Restoration of America and with Hillsdale College, but those entities will explicitly abide by all use restrictions and will use said information only for administration and operation of ROA Foundation itself. Here are some of the circumstances in which ROA Foundation may share information about our users:
Service Providers
In addition, ROA Foundation may share any information collected through the Site with our service providers. We may offer some features (such as social sharing tools) in conjunction with service providers that specialize in operating such Site. We share with each of these service providers such information as is useful or necessary to provide you with the Site we offer through that service provider. The service providers that have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Policy, for example, by not using the information for any purpose other than to carry out the services they are performing for ROA Foundation.
Aggregated and Anonymous Information
Our service providers may render information anonymous by removing any information (such as your name) that makes the information personally identifying to you. Our service providers may combine information about you with information that we or they collect about other users of our Site or other web services and share it in a form that does not identify you personally.
Legal Uses
We may disclose your personal information to comply with any court order, law, or legal process, including in response to any government or regulatory request; to enforce or apply our terms of use and other agreements, including for billing and collection purposes; or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of ROA Foundation, our users, or others.
Transfers Between Entities
We may disclose any information we collect to successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of ROA Foundation’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by ROA Foundation about users of our Site is among the assets transferred. We may also disclose any information we collect to other companies that are affiliated with ROA Foundation.
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.
Email
If you want to opt out from a ROA Foundation email newsletter or other email list, use the unsubscribe link at the bottom of each message or send us an email at privacy@roafoundation.org with the email address at which you no longer wish to receive newsletters or other emails.
If you want to disable web beacons in our email messages, turn images “off” in your email system (e.g., Outlook or Outlook Express). Check the settings or options menu in your email system for more information.
Precise Device Location Tracking
If you agreed to allow ROA Foundation and/or our service providers to collect and/or share information about the precise location of your device by tracking a mobile application, you can withdraw your permission by accessing and changing your device’s location privacy settings.
This will prevent further collection of your precise device location information. Each operating system, iOS for Apple devices, and Android for Android devices, provides its own instructions on how to turn off precise location sharing. Access the privacy settings for your mobile device or contact your platform operator for more information.
We have implemented reasonable administrative, technical, and physical security measures to protect against the unauthorized access, destruction, or alteration of your information. No security system is impenetrable, however. We cannot guarantee the security of our databases, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the internet or that information we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.
You may update or access and edit certain personally identifying information that you have provided to us through our Services. To update this information, please send us an email at privacy@roafoundation.org
The Site may provide links that link to other websites. We encourage you to review the privacy statements of all sites that you visit, including those whose links are provided, so that you can understand how those sites collect, use, and share your information. ROA Foundation is not responsible for the privacy statements, content, or data handling practices on other websites.
The Site is hosted in the United States. United States law governs the Site, and United States data protection laws may not be as protective as those in your country. If you are outside the United States or are not a United States citizen, you should not use the Site. User information will be transferred to, stored, and processed in the United States where our servers are located and our databases are operated, and you consent to the use and storage of your information in the United States.
The Site is not intended for children under 13 years of age, and ROA Foundation does not knowingly collect information from children under 13. If you are under the age of 13, do not: use, or provide any information on, the Site; use any of the interactive or public comment features of the Site; or otherwise provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any personal information from or about a child under 13, please contact us at privacy@roafoundation.org.
ROA Foundation reserves the right to change this Privacy Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Site, or advances in technology. If we decide to change our Privacy Policy, we’ll post the changes here and indicate at the top of the Privacy Policy the last date on which it was updated. Please check the Privacy Policy periodically for changes. Your continued use of the Site following the posting of changes to this Privacy Policy will mean you accept those changes.
