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Waiver, Terms and Privacy Policy

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

Thank you for visiting http://www.activeschoolsfundraising.org/ (the “Website”), a website of Safe Routes to School National Partnership (“National Partnership”). By using and/or visiting the Website, you agree to these Terms and Conditions of Use, the Waiver and Release and National Partnership’s Privacy Policy. You understand that National Partnership has the right to update these policies from time to time upon posting revised policies on the Website. By continuing to use the Website, you agree to the policies as amended. If you do not agree to any of these terms, please do not use the Website.

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.  

Website Access

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.

User Submissions

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.

Warranty Disclaimer
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.

Indemnity

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.

Assignment

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.

General

These Terms and Conditions of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and National Partnership that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in the State of California. These Terms and Conditions of Use, together with the Release and Waiver and Privacy Policy and any other legal notices published by National Partnership on the Website, shall constitute the entire agreement between you and National Partnership concerning the Website. If any provision of these Terms and Conditions of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and National Partnership’s failure to assert any right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision. YOU AND National Partnership AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Privacy Policy

This Privacy Policy governs the manner in which Safe Routes To School National Partnership (“National Partnership”) collects, uses, maintains and discloses information collected from users (“You” or “Users”) of our website located at http://www.activeschoolsfundraising.org/ (“Website”).

The Types of Information National Partnership Collects

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. 

We may use “cookies” and “web beacons” to enhance your experience with the Website. A cookie is a small piece of data sent from a website and stored in a user's web browser while the user is browsing that website. Every time the user loads the website, the browser sends the cookie back to the server to notify the website of the user's previous activity. A web beacon (or pixel tag) is an often transparent graphic image (usually no larger than 1 pixel x 1 pixel) that is placed on a website or in an e-mail that is used to monitor the online behavior of the user visiting the website or sending the e-mail. National Partnership may use cookies and web beacons to measure aggregate web statistics, such as collecting the number of Users to the Website, the number of repeat Users and the most popular webpages, the location and time when Users visit the Website, and for other purposes. National Partnership does not use cookies or web beacons to track User activity on an individual basis. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you do so, however, some parts of the Website may not function properly.

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 info@activeschoolsfundraising.org 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 shares generic aggregated demographic information not linked to any personally identifiable information regarding Users with Partnership for a Healthy America. In addition, National Partnership uses Frontstream Payments to help us operate the Website, including collecting donations. Frontstream will have access to the personally identifiable information you enter on the Website.  Frontstream’s use of such personal information is governed by its privacy policy located at http://www.frontstream.com/privacy-policy/

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

National Partnership may provide links from the Website to other websites. National Partnership does not control the content or links that appear on these third party websites (other than other National Partnership websites) and is not responsible for the practices employed by websites linked to or from the Website. These websites and services have their own privacy policies. Browsing and interaction on any other website, including websites that have a link to or from National Partnership’s Website, is subject to that website’s own terms and policies. This Privacy Policy covers only information collected through the use of National Partnership’s Website. In addition, National Partnership does not currently respond to web browser “do not track” signals.

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 info@activeschoolsfundraising.org.

Changes to this Privacy Policy

National Partnership may update this Privacy Policy at any time. When it does, National Partnership will revise the updated date at the bottom of this page. National Partnership encourages Users to frequently check this page for any changes to stay informed about what information National Partnership collects and how it uses that information. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of any modifications since your last visit.

Your Acceptance of These Terms

By using this Website, you signify your acceptance of this Privacy Policy. If you do not agree to this policy, please do not use the Website. Your continued use of the Website following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.

Contacting National Partnership

If you have any questions about this Privacy Policy or anything relating to the Website, please contact National Partnership at info@activeschoolsfundraising.org.

September 25, 2015