ROOTS & WINGS CHARITABLE FOUNDATION

TERMS OF USE

MAY 2020

By visiting this website, you accept & acknowledge the Terms of Use set forth below.

Welcome to the website of the ROOTS & WINGS Charitable Foundation (“R&W,” “our” or “we”).  The R&W website, which includes all content, features, and services (the “Content”) available on www.rootswingsfoundation.org (the “Website”) is provided to Website users (“you”) under the following terms of use (the “Terms”).  Please carefully read the terms and conditions before you use any images, data, text or other materials on this Website.  If you do not agree to these Terms, you may not use the Website or any Content.  Your use of the Website constitutes your acknowledgment that you have the legal authority to bind yourself to these Terms.  You acknowledge and agree that you have read and are hereby bound by these Terms and agree to comply with all applicable laws, regulations and/or rules with regard to your use of the Website and Content.  

  1. Accessing and Using the Website

    You acknowledge and agree that we may restrict, suspend or terminate access to the Website or portions thereof at any time in our sole discretion.  We will not be liable if, for any reason, all or any part of the Content or Website is unavailable at any time or for any period. 

  2. Intellectual Property Rights

    This Website and all Content and other materials on it are the property of R&W unless otherwise noted.  This agreement gives you no ownership rights to any materials on this site.  So long as you comply with these Terms, we grant you a limited, non-assignable, nonexclusive, revocable license, without right of sublicense, to access and use the Website solely for your personal, non-commercial use.

    Use of the Website or Content for any other purpose requires R&W’s prior written approval. Permission for such use is granted on a case-by-case basis at the sole discretion of R&W or the appropriate rights holder and a usage fee may apply.  For permission or more information about using the Website contact hello@rootswingsfoundation.org. 

  3. Changes to the Website, Content and Terms

    R&W may make changes to the Content and the Website (including adding or removing Content) or to these Terms from time to time in its sole discretion without notice to you.  All changes to the Terms are effective immediately when we post them and apply to your access to and use of the Website and Content thereafter.  Additionally, R&W may require you to follow or expressly agree to supplemental guidelines or conditions in order to participate in certain programs, access certain areas of the Website, or use certain services on the Website.  Your continued use of the Website following the posting of changes to these Terms means that you accept and agree to the changes.  You are expected to check this page from time to time to review the current Terms.

  4. Copyright

    This Website and all Content and other materials on it are protected under United States copyright laws, which give creators of original works of authorship the exclusive right to use their works for a limited period of time.  With certain exceptions, copyrighted materials may not be used or copied without permission of the copyright holder.  These Terms describe the uses that you are permitted to make of the materials on this site.

    If you are a copyright owner or agent thereof and believe that content posted on this Website infringes upon your copyright, please submit notice to hello@rootswingsfoundation.org with the following information: 

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; 

    • Identification of or a representative list of the work you believe has been infringed;

    • Identification of the material that you claim is infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled; 

    • The URL of the location on the Website containing the material that you claim is infringing; 

    • Your address, telephone number and email address; 

    • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and 

    • A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

  5. Prohibited Behavior

    You are responsible for all material, information, questions, comments or data (“User Content”) you upload, post, email, transmit or otherwise supply to R&W via the Website or by any other means.  You may not use the Website to:

    • Transmit or post any User Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable as determined by R&W in its sole discretion;

    • Transmit or post any User Content that infringe any intellectual property right or privacy right of any person or entity.  By transmitting or posting User Content to or through the Website, you represent and warrant that you have the right to do so;

    • Transmit or post any unsolicited or unauthorized advertising or promotional material (e.g. “Spam”, chain letters, junk mail, etc.);

    • Collect or store third parties’ personal data or transmit, without authorization, any material containing the personally identifiable information or confidential information of a third party or entity;

    • Impersonate another person or entity, including without limitation R&W or any of its representatives, or misrepresent your affiliation with another person or entity;

    • Disrupt or interfere, directly or indirectly, with the Website in any manner that may materially adversely affect R&W or any third party;

    • Transmit any virus or malicious code, program, or file designed or known to disable interrupt, or limit the functionality or any computer hardware, software or equipment or facilities; or

    • Remove, disable, circumvent, damage or otherwise interfere with the security related features of the Website or any features that restrict use or access to the Website or that enforce limitations on use of the Website. 

  6. Submissions

    Any User Content you supply to R&W by any means will be treated as non-confidential and non-proprietary and may be used by R&W or its affiliates as described in these Terms.

  7. Public Posting

    If you post information, images or other materials to the Website, you agree that you will comply with all requirements and procedures for posting on the Website that may be given.  R&W does not endorse any opinions or recommendations posted or transmitted by you or others.  Any materials posted to or transmitted using the Website are the responsibility of the person or persons posting the materials.  R&W shall have the right, but not the obligation, to inspect, remove, refuse or delete any content for any reason whatsoever.

    R&W  is under no obligation to monitor or review discussions, chats, postings, transmissions, bulletin boards or other similar materials on the Website or on its official social media accounts and assumes no responsibility or liability arising from such content or materials or for any error, defamation, libel, slander, harassment, omission, falsehood, obscenity, pornography, danger or inaccuracy contained in content posted by third parties to the Website or to official R&W social media accounts.  Users may request the removal of any material that appears inappropriate or in violation of these Terms by contacting hello@rootswingsfoundation.org. 

  8. Third Party Sites

    Some R&W web pages may contain links to third party websites.  The linked sites are not under the control of R&W and R&W is not responsible for the contents of any linked website.  These links are provided as a convenience only and should not be construed as an endorsement of, sponsorship of or affiliation with the linked website by R&W.  Under no circumstances shall R&W be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites, or as a result of use of any information you provide to such sites.  Any concerns regarding any external link should be directed to its respective site administrator or webmaster.

  9. Disclaimer of Warranties

    THE USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK.  THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  R&W EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  R&W ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE.  R&W EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTION OF ANY THIRD PARTY USER USING THE WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE PRECEDING MAY NOT APPLY TO YOU.  R&W MAKES NO WARRANTY OR ASSURANCE THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, COMPLETE AND ERROR-FREE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE IS TO CEASE TO USE THE WEBSITE.

    R&W further reserves the right to withdraw any Content from the Website at its sole discretion at any time.  R&W assumes no liability for any damages or losses that may occur to you or any third party based on its actions or your use of the Website.  In the event that the Website is unavailable, either on a temporary or permanent basis, R&W assumes no liability for any losses that may occur to you or any third party arising out of the unavailability of the Website.  R&W assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property related to your use of the Website or your downloading of any materials from the Website.

  10. Limitation on Liabilities

    R&W, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND OTHER AGENTS AND REPRESENTATIVES SHALL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, EXEMPLARY, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) WHATSOEVER, INCLUDING PROPERTY DAMAGE, LOSS OF GOODWILL, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS ARISING OUT OF OR RELATING TO THE USE OF THIS WEBSITE OR ANY CONTENT. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

    YOU UNDERSTAND THAT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.  IN SUCH EVENT, R&W’S TOTAL CUMULATIVE LIABILITY TO YOU AND ANY OTHER PARTIES WILL BE THE MINIMUM AMOUNT PERMITTED BY LAW.

  11. Term and Termination

    These Terms and your right to use the Website and Content will terminate automatically if you breach these Terms.  Upon termination of these Terms, you will cease all use of the Website and Content and destroy all copies thereof.

  12. Severance and Waiver

    You acknowledge and agree that 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. Furthermore, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.  R&W’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by R&W.

  13. Choice of Law

    The Website is controlled by R&W from its offices within the State of Illinois.  Users choosing to access the Website do so at their own initiative and are responsible for compliance with local laws.  You agree that: (i) the statutes and laws of the United States and the State of Illinois, without regard to conflicts of laws principles, will apply to all matters relating to these Terms and your use of the Website and Content and (ii) any litigation will be subject to the exclusive jurisdiction of the state or federal courts in Cook County, Illinois.  You hereby consent and submit to personal jurisdiction of such courts and to extraterritorial service of process.  You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or any Content or these Terms must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.  You further agree that any disputes, claims and causes of action arising out of or connected with your use of the Website or any Content or these Terms will be resolved individually, without resort to any form of class action.