IMPORTANT NOTICE: BY AGREEING TO THESE TERMS, YOU ARE ENTERING INTO A BINDING LEGAL AGREEMENT WITH THE FOUNDATION FOR YOUR USE OF THE FOUNDATION CONTENT. If You do not accept these Terms, You may not use, browse or access this Website or the Foundation Content.
3. Acceptable Use; Scope
3.1 You may access and use this Website and the Foundation Content solely for your personal, non-commercial benefit. You agree not to use this Website or the Foundation Content except as specifically provided for in these Terms or otherwise approved in writing by the Foundation. By accessing or using this Website and the Foundation Content, you agree that you will not exploit any part of this Website or the Foundation Content for any commercial purpose or publish, re-post or re-distribute the Foundation Content without The Foundation’s prior written consent. You agree to use this Website and the Foundation Content for lawful purposes only. You are prohibited from any use of this Website or Foundation Content which would constitute a violation of any applicable law, regulation, rule or ordinance or that could give rise to any civil or criminal liability.
3.3 This Website is intended for use only by persons over the age of 13, and only in the United States of America. If You are not over the age of 13 or are located outside the United States of America, You may not use this Website or the Foundation Content. We do not solicit, and You must not provide, any personal information relating to any person under the age of 13 through this Website.
3.4 This Website is not intended to be used by residents of the European Union or persons in the European Union. If you are a resident of a European Union member state, or present in a European Union member state you may not use this Website or the Foundation Content, create an account on this Website or otherwise provide Us with any personal information.
4. Account Information
4.1 You warrant and represent that all information provided through this Website will be truthful, accurate, and complete, and will be submitted only for lawful purposes.
4.2 You will maintain the confidentiality of any password, user ID, and other account credentials provided to You, or obtained by You, in connection with this Website, and will not share such information with any third party, or use such information for any purpose not expressly authorized under these Terms, without the Foundation’s prior written consent. You agree to notify Us in writing immediately of any actual or suspected unauthorized use of Your account credentials, or any other breach of security that is known or suspected by You. Notice may be provided by email to: info@BarbaraBush.org.
4.3 You consent to the use of electronic communications in transacting business with Us, including, without limitation, the electronic delivery of notices and other documents to You. If at any time You would like to cease doing business electronically with Us, You will need to provide Us with written notice of Your withdrawal of Your consent to do business electronically, which will then terminate this consent. Thereafter, You will not use this Website.
6. Feedback. From time to time, The Foundation or a third party engaged by Us may request feedback and other information from You about this Website or Your experiences with this Website (“Feedback”). You may also choose to participate in forums or to otherwise post content through functionality of this Website by separately emailing or contacting Us (“Postings”). Providing Feedback and Postings is optional. By providing Feedback or Postings, however, You will grant, and hereby do grant, The Foundation a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sublicensable right and license to use the Feedback and Postings for any lawful purpose, including, without limitation, the right to reproduce, adapt, publish, translate, distribute, and display all or parts of the Feedback and Postings in any medium whatsoever.
7. Offensive Content. The Foundation reserves the unilateral, unfettered right (but not the legal obligation) to delete or suspend access to any content or information (including without limitation Feedback and Postings, that The Foundation determines, in its sole discretion, is or may be illegal, infringing, defamatory, offensive or contrary to the mission of promoting literacy in a respectful, Professional and inclusive manner.
8. Proprietary Rights. The Foundation owns, operates, licenses, controls, and provides access to this Website. You acknowledge and agree that the Foundation, and its licensors, retain all right, title and interest in and to this Website, all past, present and future Foundation Content and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world. You agree not to, and warrant and represent that You will not, engage in any activity, assist any third party in engaging in any activity, or attempt in any way, or assist any third party in attempting in any way, to: (i) reverse engineer or otherwise discover any source code utilized by this Website or other software provided by Us; (vi) breach, discover, circumvent, disable or otherwise compromise any security, encryption, password protection, or other feature or mechanism used by Us; (vii) use this Website to provide unsolicited electronic communications (a.k.a. spam) or distribute any infringing or illegal content; (viii) use this Website or any client or software provided by Us for any illegal, immoral or improper purpose; (ix) prevent or inhibit access to (or use of) this Website by any person; or (x) publish, reproduce or use for any purpose other than as expressly contemplated under these Terms, any content on or available through this Website. You further warrant and represent that You will not use this Website or any of its content to implement, develop, refine, enhance, use or promote any website, software or service that competes with this Website. You acknowledge and agree that all of the Foundation’s trademark, trade names, service marks, logos, brand features and product and service names, including “The Barbara Bush Foundation for Family Literacy” (the “Foundation Marks”) are the sole and exclusive property of the Foundation. You may not use the Foundation Marks for any purpose, including, without limitation, for advertising or promotion in any public medium to imply any endorsement or relationship with the Foundation.
9. Linking, Crawling and Framing. You may link only to the home page of this Website, and not to any other page or portion of it. Bots, crawlers, spiders, data miners, scraping and any other automatic access tool are expressly prohibited. You agree not to and shall not assist any third party in engaging in any activity or attempting in any way, to reproduce, in whole or in part, any Foundation Content (including without limitation, through copying, caching or framing), unless such copying is authorized by these Terms or otherwise expressly permitted in a written agreement executed by Us.
10. Intellectual Property Claims. If you are a copyright owner or agent thereof and believe that content posted on this Website infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to Us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location containing the material that you claim is infringing; (d) your address, telephone number and email address; (e) 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; and (f) 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 authorized to act on the copyright owner’s behalf. For such submissions, we can be reached by mail at 516 North Adams Street, Tallahassee, Florida 32301, or by email at info@BarbaraBush.org. Please use this same contact information to report to Us any other complaint you may have regarding this Website or its content, including without limitation, any complaint that such content infringes a trademark right or other intellectual property right, or defames any person or is otherwise illegal or improper, by providing (a) a signed certification that the complaint is being made in good faith by one authorized to do so; (b) an email address or physical address where you may be contacted; (c) the URL of the location where the objectionable content can be found; and (d) a reasonable description of the rights you believe are violated by the objectionable content.
11. Warranty Disclaimer. THIS WEBSITE AND ALL INFORMATION AND THE FOUNDATION CONTENT IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND YOU USE ALL OF THE FOREGOING ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE, THE FOUNDATION SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FOUNDATION MAKES NO WARRANTY THAT THIS WEBSITE OR THE FOUNDATION CONTENT WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, CURRENT OR TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE.
THE FOUNDATION DOES NOT WARRANT THAT THIS WEBSITE AND THE FOUNDATION CONTENT ARE FREE OF DEFECTS, VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FOUNDATION IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT OR THROUGH THIS WEBSITE OR THE FOUNDATION CONTENT BY YOUR RELIANCE ON SUCH INFORMATION OR IDEAS.
12. Limitation of Liability; Indemnification; Release.
12.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE FOUNDATION NOR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THESE TERMS OR THE SUBJECT MATTER HEREOF EVEN IF THE FOUNDATION HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT THE ENTIRE LIABILITY OF THE FOUNDATION (INCLUDING ITS AFFILIATES) WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS , FOR ANY REASON AND UPON ANY CAUSE OF ACTION, REGARDLESS OF THE NUMBER OF ACTIONS (AND WHETHER BASED IN CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE) SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT, IF ANY, RECEIVED BY FOUNDATION FROM YOU TO ACCESS THIS WEBSITE AND THE FOUNDATION CONTENT SERVICES OR, IF GREATER, ONE HUNDRED DOLLARS ($100.00 USD). NO CAUSE OF ACTION WHICH ACCRUED MORE THAN ONE (1) YEAR PRIOR TO THE FILING OF A SUIT ALLEGING SUCH CAUSE OF ACTION MAY BE ASSERTED AGAINST US OR OUR AFFILIATES.
12.4 You shall indemnify, defend and hold harmless the Foundation its affiliates, and its and their respective officers, directors, members, employees, agents, representatives (and their respective successors and assigns) (each, an “Indemnified Party”), from and against any and all claims, losses, liabilities, damages, actions, lawsuits and other proceedings, judgments and awards, and costs and expenses (including, without limitation, court costs and reasonable attorneys’ and consultancy fees), arising directly or indirectly, in whole or in part, out of: (a) any breach or threatened breach of these Terms by You or any person under Your control, or by any person who received, discovered or used Your password or other access credentials; (b) Your access to, use or misuse of this Website or the Foundation Content; (c) Your violation of any third party right, including without limitation any copyright, property or privacy right; or (d) any claim that Your use of this Website or the Foundation Content caused damage to a third party. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You shall not, in any event, settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
13. Survival. All terms and conditions that, by their nature, should survive termination of these Terms (regardless of the reason for termination) will survive including, without limitation, all warranties and representations by you, all limitations of liability and disclaimers, and all terms relating to notice, choice of law, choice of venue or dispute resolution. Our remedies under these Terms are cumulative and not exclusive and are in addition to all remedies available at law or in equity.
14. Governing Law & Jurisdiction. These Terms shall be governed by, construed and enforced in accordance with the laws of the United States and the State of Florida, without giving effect to any conflict of law provisions. In the event that an arbitration proceeding is deemed inapplicable or invalid, Subject to Section 15, You agree that the exclusive jurisdiction and venue for all legal actions arising out of these Terms shall be in an appropriate court sitting in the state of Florida and You hereby consent to the exclusive jurisdiction of such courts in any and all matters that may arise in connection with these Terms, this Website, and/or any account information or content provided by You for or via this Website. You expressly waive any rights to contest the jurisdiction, venue or convenience of any such federal or state court. Notwithstanding the foregoing, We may seek injunctive or other equitable relief in any court of competent jurisdiction.
15. Dispute Resolution. With the exception of injunctive relief (which either party may seek as they deem necessary to avoid irreparable damage or preserve the status quo), any controversies, claims, counterclaims, or other disputes between the parties arising out of or related to these Terms or this Website or Foundation Content (“Claims”) shall be resolved as follows:
15.1 Upon the written request of either party, each party will appoint a designated representative whose task it will be to meet for the purpose of resolving such Claim. Each designated representative shall have the authority to reach a binding resolution of the dispute through amiable discussions, the exchange of documents and/or meetings. The designated representatives shall negotiate in good faith in an effort to resolve the Claim without the necessity of any formal proceeding relating thereto.
15.2 All Claims that have not been resolved by the designated representatives within thirty (30) days after said initial written request by one of the parties to appoint a designated representative, shall be resolved exclusively through final and binding arbitration conducted in the English language in Leon County, Florida under the commercial arbitration rules of the American Arbitration Association. The arbitration will be heard and determined by a single arbitrator. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies. The cost of each arbitration proceeding, including without limitation the arbitrator’s compensation and expenses, meeting room charges, court reporter transcript charges and similar expenses, shall be borne by the party whom the arbitrator determines has not prevailed in such proceeding, or borne equally by the parties if the arbitrator determines that neither party has prevailed. Notwithstanding anything in this Agreement to the contrary, a party may, at any time, seek a temporary restraining order or a preliminary injunction from any court of competent jurisdiction in Tallahassee, Florida, in order to prevent immediate and irreparable injury, loss, or damage on a provisional basis, pending the decision of the arbitrator on the ultimate merits of any Claim. Neither you nor the Foundation may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
16.1 In the event of invalidity of any provision of these Terms, the parties agree that such invalidity shall not affect the validity of the remaining portions of these Terms, which shall remain in full force and effect.
16.3 No delay or failure by Us in exercising or enforcing any rights or remedies under these Terms, in whole or in part, and no course of dealing or performance, shall constitute a waiver by Us of any provision of these Terms.
16.4 These Terms are personal to You. You may not assign Your rights or delegate Your obligations under these Terms, in whole or in part, without Our prior written consent. Any attempted assignment or delegation by You shall be voidable ab initio by the Foundation. These Terms shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
16.5 These Terms shall not be construed as creating any agency, partnership or joint venture between Us and You.
Last updated: November 8, 2019