Effective Date: June 20, 2017
Introduction
Welcome to the web site of Caring for Military Families: The Elizabeth Dole Foundation (“Foundation”). Thank you for your interest in our mission.
This Web Site Terms of Use (“Terms”) constitutes a binding legal agreement between the individual or entity accessing, viewing, and/or using (collectively “access”) the web site (“you”) and the Foundation. These Terms govern your access with respect to the Foundation’s web sites including without limitation those available at or through https://www.elizabethdolefoundation.org/, https://elizabethdolefoundation.com, https://hiddenheroes.org/, https://www.dolemilitaryfamilies.org/, and https://www.dolemilitaryfamilies.com, along with any content, information, materials, features, services, or anything else available at or through or used in connection with the Foundation’s web sites (collectively, “Web Sites”).
Access to the Web Sites in any manner constitutes your agreement to follow and be bound by these Terms, the Foundation’s Privacy Policy, and any additional terms and conditions of which the Foundation provides notice with respect to anything that you access on or through the Web Sites.
The Foundation reserves the right to amend these Terms at any time and in the Foundation’s sole discretion. Such amended terms will be effective upon posting by the Foundation. If you do not agree with the Terms as presently set forth, or as subsequently posted in amended form, please discontinue your access to the Web Sites immediately.
Intellectual Property
The Web Sites and everything contained on them are the property of the Foundation and/or its licensors. Without limitation, such property includes all content on the Web Sites, for example trademarks, text, videos, audio, and pictures. Access to the Web Sites is limited by the Foundation to personal and non-commercial use and only to the extent authorized by the Foundation. Such access may be revoked by the Foundation at any time for any reason. Reuse or resale of this property or any portion thereof is prohibited unless the Foundation expressly grants otherwise in writing. For the sake of clarity, you may not download (except with respect to page caching), copy, reproduce, publish, republish, use, distribute, display, post, transmit, translate, modify, adapt, create derivative works of, perform, or otherwise exploit the Web Sites or any portion thereof without the Foundation’s written permission. Moreover, to be clear, you may not “mirror” the Web Sites or any portion thereof on any other server without the Foundation’s prior written permission.
If you are uploading, posting or in any way submitting anything to or through the Web Sites, such as personal information, text, photos, or videos (collectively, “Submissions”), you represent and warrant that you own the Submissions or the owner has consented to your Submissions, and that you are at least 13 years old. You are solely responsible for any damages as a result of any infringement of intellectual property rights (such as copyright infringement) or any other harm resulting from your Submissions.
With respect to the Submissions, you grant the Foundation a world-wide, royalty free, perpetual, irrevocable, non-exclusive right and license to download, copy, reproduce, publish, republish, use, distribute, display, post, transmit, translate, modify, adapt, create derivative works of, perform, and otherwise exploit the Submissions, whether in part or in the entirety, on the Web Sites and/or in other works regardless of the form, media, or technology thereof. In addition to the foregoing, you grant the Foundation and anyone we authorize the right to identify you as the author or originator of any of your Submissions in a manner of our choosing, for example by your name or email address.
The Foundation takes its intellectual property, and that of third parties, quite seriously. To that end, the Foundation reserves the right, at its sole discretion, to limit or terminate your access to the Web Sites in connection with the Foundation’s efforts to protect its intellectual property and that of third parties.
The Foundation’s logos and slogans, the names “Caring for Military Families” and “The Elizabeth Dole Foundation,” and any other trade names, commercial names, trademarks, service marks, certification marks, and collective marks as these terms are defined in 15 U.S.C. § 1127, alone or in combination (collectively, “Marks” or “Third Party Marks” if not owned by the Foundation), whether registered or unregistered, present in any manner on the Web Sites may not be copied, imitated, or used in any other way, whether in part or in the entirety, without the prior written permission of the Foundation. For the sake of clarity, any use of metatags or any other hidden text with respect to the Foundation’s Marks is expressly prohibited unless the Foundation has granted advance permission to do so in writing.
Any Third Party Marks, including but not limited to those of the Foundation’s partners and licensors, that are present on the Web Sites also may not be copied, imitated, or used in any other way, whether in part of in the entirety, without the prior written permission of the holder of the Third Party Marks. The presence of Third Party Marks on the Web Sites does not represent any endorsement, sponsorship, or recommendation by the Foundation, either express or implied, unless the Foundation clearly states otherwise.
Providing Notice of Alleged Copyright Infringement
Any copyright owner who believes their copyrighted material is being infringed with respect to the Web Sites (“complaining party”) should report any alleged violation to the Foundation’s Executive Director by written notice either to Caring for Military Families: The Elizabeth Dole Foundation, Attn: Executive Director, 600 New Hampshire Avenue, NW, STE 1020, Washington DC 20037 or by electronic message using the form available at https://www.elizabethdolefoundation.org/contact-us/. Any such notice to the Foundation should be as detailed as possible and include, as set forth in 17 U.S.C. § 512: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) 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 the Foundation to locate the material; (iv) information reasonably sufficient to permit the Foundation to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Interactive Features on the Web Sites
The Web Sites may include, either regularly or from time to time, interactive features such as but not limited to an ability to perform transactions online, to submit content or information, to participate in message boards or other forms of an online community, or to conduct chat sessions (collectively, “Interactive Features”). The Interactive Features shall only be used for lawful purposes. The Foundation shall have the right, but not an obligation, to monitor the Interactive Features and take actions when the Foundation deems your behavior to be in potential violation of law or otherwise inconsistent with the Foundation’s work. You may not access the Web Sites in any manner that is or may be construed to be: illegal or encouraging conduct that would be illegal, infringing, false or misleading, defamatory, harassing, threatening, stalking, abusive, vulgar, obscene, harmful, hateful, objectionable, tortious, libelous, invasive of another’s privacy, directed to or harmful to minors in any way, or for any unauthorized or unintended purpose whether non-commercial or commercial in nature. In view of the foregoing, to the extent the Foundation deems it necessary, your access to the Web Sites may be limited or denied in the Foundation’s sole discretion. You must not: interfere with the ability of anyone else to enjoy or access the Web Sites, infringe any rights of the Foundation or any third parties, or conduct yourself in a disrespectful manner when accessing the Web Sites and/or the Interactive Features.
The Foundation disclaims any endorsement or responsibility for your access to the Interactive Features in any manner; you are responsible for lawful and proper access to the Interactive Features.
Notwithstanding the foregoing, the Foundation shall not assume or have any liability for any action or inaction by the Foundation with respect to the Web Sites and the Interactive Features.
Donations Through the Web Sites
We appreciate the support of donors to the Foundation. To facilitate our connection with donors, the Web Sites may include functionality that permits you to make a pledge or donation to the Foundation. Access to the Web Sites is without any obligation to make such a pledge or donation. As such, you acknowledge and agree that any decision by you to make a pledge or donation to the Foundation is in your sole discretion. You also acknowledge and agree that donations to the Foundation are controlled by the Foundation.
You acknowledge and agree that any payment information you provide to the Foundation (such as credit card or electronic transfer information), either directly or through a payment agent of the Foundation (which agent may be accessible through the Web Sites), shall be true, accurate, current, and complete. You further acknowledge and agree that all donations made to the Foundation are final and binding and will not be returned either in part or in the entirety.
The Foundation’s Non-Profit, Tax-Exempt Status
The Foundation is a non-profit entity dedicated to strengthening and empowering America’s military caregivers and their families. You may not access the Web Sites, including but not limited to the Interactive Features, in a manner that, in the Foundation’s sole judgment, may jeopardize the Foundation’s non-profit, tax-exempt status.
You also may not access the Web Sites in any manner that intentionally or unintentionally violates securities laws and regulations or rules of any exchanges.
Linking
The Web Sites may include links to other, third party sites on the Internet. The Foundation does not assume any control of, or responsibility for the contents, accuracy, quality, or accessibility of these other sites or any products or services promoted and/or available on or through them. The inclusion of any such links does not imply any endorsement, sponsorship, or any other association between the third party providing such other web site and the Foundation. Regardless of any such endorsement, sponsorship, or any other association, you bear sole responsibility and risk for your access to such third party sites and all content, features, products, and services available on or through them, including with respect to any claims, damages, or liabilities incurred in connection therewith.
You may provide links only to the Foundation’s primary web sites https://www.elizabethdolefoundation.org/ and/or https://hiddenheroes.org/ but only in a manner that is reasonable and not misleading. Such linking, including any content provided therewith, may not state, suggest, or imply any endorsement, sponsorship, or any other association with the Foundation unless prior written approval is obtained from the Foundation. Notwithstanding the foregoing, the Foundation’s Web Sites may not be linked by any site that contains adult content such as pornography or content that is illegal or encourages conduct that would be illegal, infringing, false or misleading, defamatory, harassing, threatening, stalking, abusive, vulgar, obscene, harmful, hateful, objectionable, tortious, libelous, invasive of another’s privacy, or directed to or harmful to minors in any way.
Indemnification and Disclaimers
YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE FOUNDATION AND ITS RESPECTIVE BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, INDEPENDENT CONTRACTORS, AND REPRESENTATIVES FROM AND AGAINST ALL CLAIMS, DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES), LOSSES, LIABILITIES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITES AND THESE TERMS.
THE CONTENT, INFORMATION, MATERIALS, FEATURES, SERVICES, AND EVERYTHING ELSE AVAILABLE AT, OR THROUGH, OR USED IN CONNECTION WITH THE WEB SITES ARE PROVIDED “AS IS.”
THE FOUNDATION MAKES NO AND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY OR ARISING FROM THE COURSE OF DEALING BETWEEN THE PARTIES OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NONINFRINGEMENT OF RIGHTS OR INTELLECTUAL PROPERTY RIGHTS OF ANY PARTY OR THIRD-PARTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE FOUNDATION SHALL CREATE A WARRANTY. THE FOUNDATION DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, TIMELINESS, OR RELIABILITY OF THE WEB SITES OR ANY THIRD PARTY SITES.
YOU ACKNOWLEDGE THAT THE FOUNDATION IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES INCLUDING BUT NOT LIMITED TO THOSE THAT ACCESS THE WEB SITES. YOU FURTHER ACKNOWLEDGE THAT ANY RISK OF INJURY FROM THE FOREGOING RESTS SOLELY WITH YOU.
THE FOUNDATION DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE WEB SITES ARE APPROPRIATE FOR ACCESS OUTSIDE THE UNITED STATES.
THESE DISCLAIMERS OF REPRESENTATION AND WARRANTY, AND LIMITATIONS OF LIABILITY, CONSTITUTE AN ESSENTIAL PART OF THIS WEB SITE TERMS OF USE.
Termination
Notwithstanding any other provision in these Terms, the Foundation reserves the right, without providing any notice, at any time, and in the Foundation’s sole discretion, to discontinue any of the Web Sites and/or terminate your access thereto.
General
These Terms shall be governed by and construed under applicable federal laws and the laws of the Commonwealth of Virginia, excluding any conflict of law provisions. You irrevocably consent to the exclusive jurisdiction of any Virginia state or federal court sitting in the Eastern District of Virginia, over any suit, action or proceeding between the Foundation and you arising out of or relating to this Agreement or under any federal, state or local statute, regulation, ordinance or common law. You hereby waive the necessity of personal service of any summons, complaint, or other process in any action in any Virginia state or federal court sitting in the Eastern District of Virginia, and agree that all service thereof may be made by: (i) certified or registered mail, return receipt requested, to you; or (ii) personal service.
You shall neither assign nor transfer any rights or obligations under these Terms without the Foundation’s advance written consent. All agreements and obligations contained in these Terms shall be binding upon and inure to the benefit of all parties and their permitted representatives, successors and assigns.
These Terms contain the complete and exclusive statement of the agreement and understanding between the Foundation and you and supersede all prior agreements, understandings, communications and proposals, oral or written, between the Foundation and you in any way relating to the subject matter of these Terms. The Terms may not be amended or modified except in a writing executed by the Foundation.
The captions to paragraphs of these Terms are for convenience of reference only and shall not be considered to be a part of the Terms or be used in determining the intent of the Foundation.
No waiver of any provisions of these Terms shall be effective unless made in writing and signed by the Foundation. No waiver of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof.
The provisions of these Terms are severable, and if any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
The Foundation controls and operates the Web Sites from the United States. Access to of the Web Sites from outside the United States shall be solely at your risk.
Please direct any questions or concerns about this Web Site Terms of Use to the Foundation’s Executive Director by written notice either to Caring for Military Families: The Elizabeth Dole Foundation, Attn: Executive Director, 1625 I (Eye) St NW, Suite 725, Washington DC 20006 or by electronic message using the form available at https://www.elizabethdolefoundation.org/contact-us/.
