Last Updated: June 14, 2018
ARBITRATION NOTICE: These Terms contain a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and the Foundation will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.
- Changes to Terms.We reserve the right to modify or amend these Terms at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site or made available to you via email or otherwise. By accessing or using the Site after changes are posted, you agree to those changes.
- Intellectual Property Rights.The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content is exclusively the property of the Foundation or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trademarks, trade dress, or any other intellectual property belonging to the Foundation or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
Copyright © 2018 Polk Bros. Foundation, Inc. All rights reserved.
- Restrictions on Your Use of the Site; Compliance with Laws.
- You may download and print one copy of the Site’s visible content for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices. You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without the prior written consent of the Foundation.
- You will not use the Site for unlawful purposes.
- You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of the Foundation.
- You will not access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose other than your authorized use of the Site as permitted by these Terms.
- You will not post or send unsolicited messages, chain letters, spam, or junk mail.
- You will not use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, ransomware, adware or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- You will not submit or otherwise provide information consisting of any of the following through or using the Site: information that is defamatory, indecent, pornographic, obscene, otherwise objectionable or harmful, or that violates the legal rights of third parties.
- User activities that aim to render the Site or associated services inoperable or to make their use more difficult are forbidden. You will not submit inaccurate information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of the Foundation.
- You will not use the Site to develop, create, produce, enhance, or add to any database. You will not develop, assist in developing, or have developed on behalf of yourself or any other person any software, technology, or services that compete with or are substantially similar to the Site. You will not access, use, or analyze the Site for any purpose that is to the Foundation’s detriment or commercial disadvantage.
- You will not impersonate or attempt to impersonate another person.
- You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Site.
- Account Suspension, Deactivation, and Termination. The Foundation reserves the right, in its sole discretion, to suspend or terminate your account or your use of the Site for any reason without notice or liability, including upon any unauthorized use of your username or password, if you breach of these Terms, if you act in an abusive manner, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide the Site to you. If we suspend or terminate your account, you will not create another account without our prior written permission.
- Availability. Any programs, materials, products, or services (for example, grant opportunities) that may be mentioned on or made available through the Site are subject to availability and terms not described in these Terms may apply. The Foundation may change the programs, materials, products, and services mentioned on the Site at any time without notice.
- User-Generated Content.
- The Site may allow you to create, post, or otherwise submit comments, images, data, text, and other content via the Site and to respond to content submitted by others (together, “User-Generated Content”), for example, via our blog. User-Generated Content is not generated by the Foundation. The Foundation is not responsible for any User-Generated Content. You are responsible for all User-Generated Content that you submit and for the legality, originality, and appropriateness thereof. You must comply with this section when submitting User-Generated Content.
- By submitting User-Generated Content you warrant that you have the rights, permissions, and consents necessary to submit such User-Generated Content and to authorize us to use such User-Generated Content as permitted by these Terms. You further warrant that User-Generated Content you submit will not cause the Foundation to violate any law regulation. By submitting User-Generated Content, you waive any right, and you agree not to assert, that any use or non-use of such User-Generated Content by us or any third party infringes or violates your intellectual property rights, rights of privacy, rights of publicity, or other right. You retain any copyright or other intellectual property right you may have in User-Generated Content that you submit.
- Please keep in mind that any User-Generated Content that you submit may be publicly available. You must maintain a polite, pleasant, and respectful environment. User-Generated Content that harasses, abuses, stalks, threatens, or otherwise violates the legal rights of others is prohibited. User-Generated Content must be relevant to the stated topic (for example, the applicable blog post). User-Generated Content that is defamatory, indecent, pornographic, obscene, or otherwise objectionable or harmful is prohibited. You may not create a false identity, hide your true identity, or impersonate or represent any person other than yourself.
- The Foundation reserves the right, but does not have the obligation, to review User-Generated Content and its submission. The Foundation also reserves the right, but does not have the obligation, to restrict or delete User-Generated Content from the Site at any time for any reason. The Foundation has no obligation to archive or otherwise store any User-Generated Content. The Foundation reserves the right to impose limits on Site features (e.g., the ability to submit User-Generated Content) and to restrict your access to all or parts of the Site at any time for any reason, including without limitation violation of this section.
- Copyright Policy.We respect the intellectual property rights of others and we ask that our users do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), located at 17 U.S.C. § 512, and other applicable laws, we strive to expeditiously remove any infringing material from the Site if we become aware of the same. If you believe that anything on the Site infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:
- A description of the copyrighted work(s) that you claim have been infringed;
- A description of the allegedly infringing material, including its location on the Site;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your email address, telephone number, and mailing address;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Your notice must meet the then-current requirements implemented by the DMCA. Contact information for our designated agent for notice of claims of copyright infringement is:
Director of Communication
Polk Bros. Foundation
20 West Kinzie Street, Suite 1110
Chicago, Illinois 60654
- NO WARRANTY.THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. THE FOUNDATION MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, INFORMATION, AND DATA ON THE SITE (EXCLUDING ANY USER-GENERATED CONTENT) IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY CAN BE GUARANTEED. THE FOUNDATION DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE. THE FOUNDATION DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. THE FOUNDATION IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, NONINFRINGEMENT, AND ANY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. THE FOUNDATION HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.
WE DO NOT WARRANT OR ENDORSE ANY USER-GENERATED CONTENT. ALL USER-GENERATED CONTENT IS SOLELY THE REPONSIBILITY OF THE PERSON WHO PROVIDED THAT USER-GENERATED CONTENT.
YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED.
WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM THE FOUNDATION OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.
- LIMITATION OF LIABILITY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE FOUNDATION, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS (TOGETHER, “THE FOUNDATION PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER INFORMATION INTO THE SITE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A THE FOUNDATION PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE FOUNDATION PARTIES’ LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnification. You will indemnify, defend, and hold harmless the Foundation Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Site, your misuse of any material, data, or other information downloaded or otherwise obtained from the Site, grant applications submitted through the Site, your submission of User-Generated Content, or your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
- Linking to the Site.If you operate a web site and are interested in linking to the Site: (i) the link must be a text-only link (unless you request a graphic badge from the Foundation, in which case you may use any graphic badge provided by the Foundation to link to the Site) and, in any case, the link must be clearly marked; (ii) the link must “point” to the page of the Site appropriate for the subject matter of the link (for example, directly to the relevant Foundation program page); (iii) the link and its use must be in connection with a web site of appropriate subject matter that furthers the mission of the Foundation; (iv) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with the Foundation’s names and trademarks; (v) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by the Foundation; and (vi) the link, when activated by a user, must display the Site full-screen and not within a frame. The Foundation reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.
- Feedback. The Foundation welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or maintained as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
- Governing Law.These Terms are governed by the laws of the state of Illinois, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Cook County, Illinois, with respect to any dispute arising under these Terms unless otherwise determined by the Foundation in its sole discretion and the parties expressly agree to the exclusive jurisdiction of such courts. The United Nations Convention for the International Sale of Goods does not apply. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises.
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the following paragraphs carefully because they require you to arbitrate disputes with the Foundation and limit the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement. Any dispute, claim or controversy arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation, or validity of these Terms (collectively, “Disputes”), will be resolved by binding arbitration on an individual basis under the terms as described in these Terms (this “Arbitration Agreement”). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the Foundation’s intellectual property or other proprietary rights, the Foundation may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you; the Foundation; the Foundation’s affiliates; the Foundation’s and its affiliates’ respective directors, officers, owners, agents, employees, contractors, consultants, representatives, predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries of the Site; and any third-party beneficiaries.
- Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) before an arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties will share equally in the costs assessed for the arbitration and each party will bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate Disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration.
- Place; Federal Arbitration Act. The place of arbitration will be Cook County, Illinois, unless otherwise agreed to in writing by all parties to the arbitration. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement.
- Confidentiality. Any and all actions taken under this Arbitration Agreement, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
- Time Limitation on Claims. Arbitration proceedings must be initiated within one (1) year after any Dispute arises; otherwise, the Dispute is permanently barred.
- Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
- Third-Party Beneficiaries.These Terms do not confer any rights, remedies, or benefits upon any person other than you, except that our affiliates are third-party beneficiaries of these Terms.
- Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification or limitation of our liability) will continue in effect beyond any termination of these Terms or of your access to the Site.
- Electronic Communications.These Terms and any other documentation, agreements, notices, or communications between you and the Foundation may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
- Contact Us.If you have any other questions or concerns regarding these Terms, please contact us by email at firstname.lastname@example.org, by phone at 527.4684, or by mail at Polk Bros. Foundation, 20 West Kinzie Street, Suite 1110, Chicago, Illinois, 60654.