Waiver and Release
Some of the activities for which fundraising is available via the http://www.activeschoolsfundraising.org/ website (“Website”) may involve participants engaging in moderate to strenuous physical activity, such as fun runs, walk-a-thons, etc. Although Safe Routes to Schools National Partnership strongly encourages physical activity, it is important to recognize that such activities involve risks, some of which may not be foreseen or reasonably foreseeable, including, but not limited to, property damage, theft of property, personal injury, illness, disability or even death. As a condition to using the Website, each User hereby waives, renounces and releases, on behalf of themselves, their heirs and their estates, all claims of any nature against Safe Routes to School National Partnership and its officers, directors, employees, representatives and agents, and their heirs, estates, successors and assigns, arising out of, resulting from or in connection with the User’s and/or any family member of the User’s participation in such activities.
Terms and Conditions of Use
Your Acceptance of Safe Routes to School National Partnership’s Policies
Links to Third Party Websites
The Website may include links from the Website to third party websites. National Partnership has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites (other than other National Partnership websites). In addition, National Partnership will not and cannot censor or edit the content of any third party website. By using the Website, you expressly relieve National Partnership from any and all liability arising from your use of the Website, as well as any third party website.
National Partnership hereby grants you permission to use the Website as set forth in these Terms and Conditions of Use, provided that you use the Website solely for noncommercial use. National Partnership hereby grants you permission to make copies of any part of the Website in any medium to use for noncommercial use, provided that you retain National Partnership’s marks and copyright notices on your copy. You must obtain National Partnership’s prior consent to use any of the content on the Website for any other purposes. In addition, your use of the Website is conditioned upon your complete compliance with these Terms and Conditions of Use.
Restrictions on Use
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to National Partnership’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, National Partnership grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials. National Partnership reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit any users of the Website for any commercial purposes.
Intellectual Property Rights
The content on the Website, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to National Partnership, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and noncommercial use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever other than as authorized herein without the prior written consent of the respective owners. National Partnership reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein. If you download or print a copy of the Content for noncommercial use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted Content. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
If you submit content to National Partnership through the Website, including, without limitation, information about your Team, you hereby grant National Partnership an irrevocable, perpetual license to reproduce, distribute, publicly display and otherwise use your submissions, in whole or in part, as National Partnership sees fit. By providing your submission to National Partnership, you hereby represent and warrant that nothing in your submission shall infringe any third party’s intellectual property rights, invade any third party’s right of privacy or publicity, constitute defamation or otherwise violate any laws.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, National Partnership, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. National Partnership MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. National Partnership DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND National Partnership WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL National Partnership, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT National Partnership SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless National Partnership, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions of Use; (iii) your violation of any third party right or any law, including without limitation any copyright, property, or privacy right; or (iv) any claim that content you submit for posting on the Website violates any third party right or any law. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Website.
Ability to Accept Terms and Conditions of Use
You affirm that you have reached the age of majority in your jurisdiction or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use, and to abide by and comply with these Terms and Conditions of Use. In any case, you affirm that you are at least 13 years of age, as the Website is not intended for children under 13.
These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by National Partnership without restriction.
The Types of Information National Partnership Collects
- Non-personally identifiable information
National Partnership collects non-personally identifiable information about you whenever you visit our Website. Such information may include your Internet Protocol (IP) address, your Internet service provider, the browser you used, the time you visited the Website and which pages you viewed.
- Web browser cookies and beacons
- Personally identifiable information
National Partnership collects personally identifiable information (such as names, mailing addresses and email addresses) from Users via the Website when they voluntarily provide such information to us, including, for example, when a User signs up as a Team Captain, or when a User makes a financial donation to a Team.
How National Partnership Uses the Information that It Collects
National Partnership uses Users’ personal information to better understand how Users use the Website so that National Partnership can improve the Website and its offerings. National Partnership also uses Users’ personal information for the purpose for which the Users provided the information, in other words, to set up a Team, to process a donation, or to otherwise fulfill a request. If you provide National Partnership with your email address and/or mailing address and opt in to receive general communication from us, National Partnership will add you to our email and/or mailing list, and may contact you with information that National Partnership thinks will be of interest to you. If at any time you wish to stop receiving communications from National Partnership, please follow the unsubscribe instructions at the bottom of any email National Partnership sends you, or send National Partnership an email at email@example.com and ask to be removed from National Partnership’ distribution lists.
How National Partnership Protects User Information
National Partnership adopts appropriate data collection, storage and processing practices and security measures to help protect against unauthorized access, alteration, disclosure or destruction of your personal information, but National Partnership cannot guarantee that your information is 100% secure.
Sharing Personal Information
National Partnership may also release personal information if required to do so by law, or in the good faith belief that such action is necessary to comply with state and federal laws or to respond to a court order, subpoena, or search warrant. National Partnership may also release your personal information with your express consent.
Third Party Websites
Compliance with Children’s Online Privacy Protection Act
Protecting the privacy of the young is especially important. For that reason, National Partnership does not collect information at the Website from those National Partnership knows are under 13, and no part of the Website is structured to attract anyone under 13. If National Partnership becomes aware of having information about anyone under 13, National Partnership will promptly delete the information.
California Privacy Rights
If you reside in California and have provided your personally identifiable information to National Partnership, you may request information once per calendar year about National Partnership’s disclosures of certain categories of your personally identifiable information to third parties for their direct marketing purposes. Such requests must be submitted to National Partnership at firstname.lastname@example.org.
Your Acceptance of These Terms
Contacting National Partnership
September 25, 2015