CLARA LIONEL FOUNDATION TERMS AND CONDITIONS
Last modified: November 6, 2020
Clara Lionel Foundation is a nonprofit organization that supports and funds groundbreaking education and emergency response programs around the world. These terms and conditions (“Terms”) cover your use of and access to the website located at https://claralionelfoundation.org/ (“Site”), which is owned and operated by Clara Lionel Foundation and its affiliates (collectively, “CLF”, “we”, “us”, or “our”).
Please read these Terms carefully and in their entirety, as these Terms include important information about your legal rights, remedies, and obligations. Feel free to contact us if you have any questions about these Terms.
By using or accessing this Site, you are agreeing to these Terms. References to “you”, “your”, and similar terms are construed accordingly in these Terms to mean users and visitors of this Site. If you do not agree to these Terms, you should not use or access this Site.
1. User Conduct And Responsibilities
You are required to comply with all applicable federal, state, and local laws in connection with your use of this Site. As a condition of your use of this Site, you agree that you will not use this Site for any purpose that is unlawful or prohibited by these Terms. You agree that you will only provide information in connection with any and all other uses of this Site that is true and accurate, identifies only you, and is not false, misleading, or otherwise an impersonation of any person or entity.
Additionally, you agree not to, without limitation:
- Use any content or information available on this Site for any unauthorized purpose;
- Interfere with or damage this Site or servers or networks connected to this Site, including, without limitation, through the use of viruses, Trojan horses, harmful code, or similar methods or technology;
- Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, or any other form of solicitation;Upload, post, e-mail, or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- Attempt to reverse engineer, decompile, disassemble, or otherwise alter any executable code from this Site;
- Harvest or collect personal information about any other individual who uses this Site;
- Infringe on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third parties; or
- Assist any third party in engaging in any activity prohibited by these Terms.
You represent, warrant, and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation.
Certain portions of this Site may have additional terms and conditions. When these portions are used, you agree to be further bound by the associated additional terms and conditions.
2. Site Content And Intellectual Property Rights
This Site may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), photographs, video, graphics, audio, data, source and object code, documentation, logos, domain names, trade names, and other such similar content (collectively, “Content”). Unless otherwise expressly identified, Content is owned by us or by our third-party licensors. Content may be protected by United States and international copyright, trademark, and other laws. You may browse this Site and download Content solely for your personal use, provided you keep intact all copyright and other proprietary notices. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Content from this Site, including code and software underlying this Site, nor may you sell, transfer, or otherwise use this Site or Content in commerce or for any public or commercial endeavor without our prior and express written consent. We may in our sole discretion make changes to Content at any time without notice.
3. Third-Party Content And Websites
This Site may contain links, references, and other forms of connectivity to websites, platforms, and applications maintained and controlled by third parties (“Third Party Sites”). Inclusion of any link to Third Party Sites does not imply an endorsement or recommendation of any material, substance, information, practice, or the owner or proprietor of such Third Party Sites by CLF. CLF makes no representations or warranties of any kind as to the accuracy, currency, or completeness of any content or information contained in Third Party Sites and shall have no liability for any damages or injuries of any kind arising from such content or information contained in Third Party Sites. If you decide to access any Third Party Sites linked to by this Site, you do so entirely at your own risk. You should refer to the terms and policies of any Third Party Sites you use to determine your rights and responsibilities.
4. Donor Terms
The donations you may make through our Site (“Donations”) will be treated as charitable donations for all purposes. You hereby agree that such Donations and any information shared in connection therewith are governed by these Terms as well as the terms of any third-party provider collecting the Donations and the related information on our behalf. For clarity, CLF partners with third-party providers to process Donations on our behalf (e.g., Give Lively). Any information that you share with a third-party provider in connection with your Donation to CLF will be subject to the terms and policies of that third-party provider processing your Donation on CLF’s behalf. CLF is not responsible for and will not be held liable for any act or omission of any such third-party provider. We keep a record of each donor’s giving history for internal business purposes, IRS purposes, and to otherwise comply with applicable law. You acknowledge and understand that we may be required by law to report information about the Donations and we will do so to comply with our legal obligations.
You agree to defend, indemnify, reimburse, and hold harmless CLF and its parents, subsidiaries, and affiliated entities, its third party contractors, and its and their respective members, directors, representatives, employees, agents, successors, licensees, and assigns from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorneys’ fees and expenses) arising out of or related to: (i) your use of this Site and Content; (ii) your violation, breach, or alleged breach of these Terms; and (iii) your violation or alleged or threatened violation of any laws, rules, or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity, or moral rights of any third party arising from your Feedback (as defined below).
6. Disclaimer Of Warranties
THIS SITE, INCLUDING ALL SOFTWARE, CONTENT, AND INFORMATION, IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CLF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND DATA ACCURACY. CLF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE CONTENT ON THIS SITE OR ANY OTHER WEBSITES LINKED TO THIS SITE. CONTENT AND ANY OTHER MATERIALS OF THIS SITE MAY BE OUT OF DATE, AND CLF MAKES NO COMMITMENT TO UPDATE CONTENT ON THIS SITE. CLF DOES NOT WARRANT THAT THIS SITE OR ANY ASSOCIATED SOFTWARE, CONTENT, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE OR ANY ASSOCIATED SOFTWARE, CONTENT, OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLF OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
7. Limitation Of Liability
IN NO EVENT SHALL CLF BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS SITE, ANY WEBSITES LINKED TO THIS SITE, CONTENT, SOFTWARE, OR OTHER INFORMATION CONTAINED IN ANY SUCH WEBSITES, INCLUDING WITHOUT LIMITATION, ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THIS SITE, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF CONTENT OR OTHER INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THIS SITE, OUR CONTENT, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
8. Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of New York excluding its conflict of law rules.
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the Arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be New York, and the language of the arbitration shall be English.
You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons.
The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs or to proceed ex aequo et bono. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.
9. Your Feedback
You may choose to submit questions, comments, suggestions, and other information through this Site or email (“Feedback”). By providing us Feedback you give CLF, its sub-licensees, and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, publish, distribute, and create derivative works from any Feedback provided through this Site or email. You acknowledge and agree that this license includes a right for CLF to make such Feedback available to other companies, organizations, or individuals with whom CLF has relationships.
10. No Third Party Rights
Unless expressly stated in these Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, CLF, and our successors and assigns. Nothing in these Terms is intended to relieve or discharge the obligation or liability of any third persons to you and CLF and our successors and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, CLF, and our successors and assigns.
CLF shall have the right to assign these Terms in whole or in part to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of CLF.
12. Entire Agreement
These Terms set forth the entire understanding and agreement of you and CLF as to the subject matter hereof and supersede all prior proposals, discussions, or agreements (oral and written) with respect to such subject matter. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. CLF’s failure to act with respect to a breach by you or others does not waive CLF’s right to act with respect to antecedent, subsequent, or similar breaches.
13. Force Majeure
We will not be deemed to be in breach, or liable for any breach, of these Terms due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster.
CLF reserves the right to modify these Terms from time to time in its sole discretion, effective upon posting. In the event of such changes, we will post the changes on this Site and/or notify you via email. Any use of this Site after such changes shall be deemed an acceptance of those changes. You should periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound.
15. Contact Us
If you have any questions regarding these Terms, please contact us at:
CLARA LIONEL FOUNDATION
81 Prospect Street
Brooklyn, New York 11201