By clicking the “I AGREE” button that follows these terms and conditions (“Terms and Conditions”) or otherwise accessing or using the portions of the ChildFund International (“ChildFund) website designated for registered users (“Website”), you (“Registrant”) agree as follows:

1. REGISTRATION; TRANSACTIONS; TERM OF REGISTRATION

1.1. Online Registration

Upon the completion by Registrant of the online registration form, Registrant may access and use the Website to obtain certain information provided by ChildFund and/or conduct certain transactions through the Website, including the submission of donations to ChildFund (each, a “Transaction”). Unless otherwise indicated by ChildFund, all Transactions conducted by Registrant through the Website, including the submission of all donations, will be subject to these Terms and Conditions, as well as any other terms and conditions presented to Registrant by ChildFund in connection with such Transactions.

1.2. Transactions
1.3. Term of Registration

The term of Registrant’s registration will commence as of the date Registrant completes his or her online registration form (“Registration Date”) and, unless earlier terminated in accordance with these Terms and Conditions, will continue in perpetuity (“Term”). Notwithstanding the foregoing, Registrant’s registration may automatically expire (and be deleted by ChildFund) following any period of inactivity associated with Registrant’s account in excess of twelve (12) consecutive months. Registrant may not consummate any Transaction without an active registration.

1.4. Notices

All notices from ChildFund intended for receipt by Registrant shall be deemed delivered and effective when sent to the email address provided by Registrant during the registration process or when posted to and made available to Registrant on the Website (in either case, “Notice”). If Registrant changes the email address he or she provided in connection with his or her registration to access and use the Website, Registrant must update his or her email address in accordance with the procedures set forth on the Website.

2. MODIFICATIONS TO THE WEBSITE / TERMS AND CONDITIONS

2.1. Modifications to the Website / Terms and Conditions

Registrant acknowledges and agrees that ChildFund may, in its sole discretion, modify the Website and these Terms and Conditions (including any instructions, policies or guidelines referenced herein) at any time and in any manner. All such modifications shall be binding upon Registrant when made. Registrant may not amend or modify the Website or these Terms and Conditions under any circumstances.

3. REPRESENTATIONS, COVENANTS AND WARRANTIES

3.1. Representations, Covenants and Warranties of Registrant

Registrant represents, covenants and warrants to ChildFund that (1) these Terms and Conditions have been executed and delivered by Registrant and constitute a valid and binding agreement of Registrant, enforceable against Registrant in accordance with their terms; (2) Registrant will not access or use the Website except as expressly permitted by these Terms and Conditions and any additional instructions, guidelines or policies issued by ChildFund, including those posted on the Website; (3) Registrant will access and use the Website in full compliance with applicable Law (as defined in Section 4.1); (4) Registrant is at least eighteen (18) years old, or, if younger than eighteen (18) years old, Registrant is of an age sufficient to execute a legally enforceable agreement on his or her own behalf in the applicable jurisdiction; (5) all of the information, data and other materials provided by Registrant in support of Registrant’s application for registration are accurate and truthful in all respects; and (6) Registrant is the rightful owner of the Account and is authorized to commit funds from the Account to ChildFund for purposes of conducting Transactions.

3.2. Disclaimer

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, CHILDFUND MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING (1) THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OR RESULTS TO BE DERIVED FROM THE USE OF THE WEBSITE OR ANY DATA SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, WORK PRODUCT OR OTHER MATERIALS RELATED TO THE WEBSITE, OR THE AVAILABILITY OF ANY OF THE FOREGOING; (2) WHETHER THE INFORMATION AVAILABLE ON THE WEBSITE IS TRUE, COMPLETE OR ACCURATE; OR (3) THAT TRANSACTION FUNDS WILL BE USED FOR ANY PARTICULAR PURPOSE AND SHALL NOT BE RESPONSIBLE FOR ANY MISUSE OR NON USE OF SUCH FUNDS BY THIRD PARTIES AFTER DONATIONS ARE MADE. FURTHER, CHILDFUND DOES NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. REGISTRANT ACKNOWLEDGES AND AGREES THAT THERE ARE RISKS INHERENT TO TRANSMITTING INFORMATION OVER AND STORING INFORMATION ON THE INTERNET AND OTHER COMPUTER NETWORKS AND THAT CHILDFUND IS NOT RESPONSIBLE FOR ANY LOSSES OF REGISTRANT’S DATA, CONFIDENTIALITY OR PRIVACY IN CONNECTION THEREWITH.

4. COMPLIANCE

4.1. Generally

Registrant shall use the Website in strict compliance with (1) these Terms and Conditions; (2) any additional instructions, guidelines or policies issued by ChildFund, including those posted on the Website; and (3) all applicable laws, rules and regulations (collectively, “Laws”).

5. CONTRACTORS

5.1. Use of Contractors

ChildFund may engage any third party (including ChildFund’s affiliates) to perform, or support the performance of, all or any portion of the Website.

6. INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS ON USE

6.1. Ownership of the Website and Related Data

As between ChildFund and Registrant (collectively, “Parties”), ChildFund owns and will retain ownership of all rights, title and interest in and to the Website, including (1) all content on the Website developed by ChildFund or its third-party licensors, including any derivative works of the Website and any such content; (2) any data presented on or by the Website or otherwise stored by ChildFund and its third-party providers, except for personal information that Registrant submits to ChildFund through the Website; and (3) any intellectual property or other proprietary rights comprising any of the foregoing (collectively, “ChildFund IP”). Neither these Terms and Conditions nor any disclosure made hereunder grant any license to Registrant under any ChildFund IP.

6.2. Use of the Website

Registrant may use the Website, including any data presented on or by the Website for Registrant or otherwise hosted or stored by ChildFund for Registrant, only on its own behalf and for lawful and appropriate purposes. Registrant shall not use the Website or any of the data presented on or by the Website or otherwise hosted or stored by ChildFund for any commercial or other purpose other than as expressly permitted herein. Registrant will notify ChildFund immediately upon any suspected unauthorized use of the Website, whether by Registrant or a third party, or any suspected loss of or suspected unauthorized access to passwords or other login information used by Registrant to access the Website (“Login Credentials”). Registrant shall be solely responsible for maintaining the confidence and security of any Login Credentials, and ChildFund shall bear no liability or other responsibility associated therewith.

7. PRIVACY NOTICE

7.1. Privacy Notice

Registrant explicitly consents to the collection, hosting, use, disclosure and other processing or handling of information as described in the ChildFund Privacy Notice located at https://www.childfund.org/ as such notice may be amended by ChildFund in its sole discretion from time to time.

8. SUSPENSION; TERMINATION

8.1. Suspension

ChildFund may suspend or limit Registrant’s access to the Website if ChildFund, in its sole discretion, suspects that Registrant is in violation of, or reasonably likely to be in violation of, these Terms and Conditions or any additional instructions, guidelines or policies issued by ChildFund, including those posted on the Website.

8.2. Nonrenewal

Registrant may cancel his or her registration at any time in accordance with the procedures described on the Website.

8.3. Termination by ChildFund

ChildFund may terminate Registrant’s registration, in whole or in part, as follows:

8.4. Effect of Termination/Survival of Selected Provisions

9. LIABILITY

9.1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CHILDFUND GROUP (AS DEFINED IN SECTION 10.1) SHALL NOT BE LIABLE TO REGISTRANT FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM REGISTRANT’S USE OF THE WEBSITE, OR BASED UPON ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT (INCLUDING THESE TERMS AND CONDITIONS AND ANY ADDITIONAL INSTRUCTIONS, GUIDELINES OR POLICIES ISSUED BY CHILDFUND, INCLUDING THOSE POSTED ON THE WEBSITE), NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY (COLLECTIVELY, THE “EXCLUDED DAMAGES”). THE EXCLUDED DAMAGES ALSO INCLUDE, WITHOUT LIMITATION, LOSS OF SAVINGS AND REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF DATA AND THE CLAIMS OF THIRD PARTIES. IF CHILDFUND CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING DAMAGES, THE CHILDFUND GROUP’S MAXIMUM LIABILITY TO REGISTRANT IS LIMITED TO THE AMOUNT OF THE DONATION SUBMITTED BY REGISTRANT THAT GAVE RISE TO THE UNDERLYING CLAIM, OR, IF NO DONATION WAS PROVIDED, FIFTY DOLLARS ($50.00). THESE LIMITATIONS APPLY EVEN IF ANY OTHER REMEDY AVAILABLE TO REGISTRANT FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO REGISTRANT.

9.2. Remedies

At its option, any member of the ChildFund Group may seek all remedies available to it under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms and Conditions, including any additional instructions, guidelines or policies issued by ChildFund, including those posted on the Website, and/or actions for damages.

9.3. Claims

No action arising out of, in connection with, or relating to these Terms and Conditions or the subject of these Terms and Conditions shall be brought by Registrant more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph.

10. INDEMNITIES

10.1. Indemnity by Registrant

Registrant will indemnify and hold harmless ChildFund, its affiliates and their respective current, future or former officers, directors, partners, equity holders, employees, agents, contractors, and their successors or assigns (collectively, the “ChildFund Group”) on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees) incurred by any of the members of the ChildFund Group, and, if directed by ChildFund, shall defend the ChildFund Group against (1) all claims that any information, data or other materials provided by Registrant in connection with the Website (including Registrant’s application for registration to access and use the Website) or these Terms and Conditions, or use thereof by any member of the ChildFund Group, infringes, misappropriates or otherwise violates any patent, trademark, copyright, trade secret or other intellectual property or proprietary right of a third party, or that violates any Law; (2) all claims arising from fraud, intentional misconduct, criminal acts or gross negligence by Registrant; and (3) all claims otherwise arising due to a failure by Registrant to comply with any term or condition of these Terms and Conditions, including any additional instructions, guidelines or policies issued by ChildFund, including those posted on the Website.

11. DISPUTE RESOLUTION

11.1. Disputes

If a dispute arises under these Terms and Conditions between Registrant and any member of the ChildFund Group, such dispute shall be resolved (i) in Richmond, Virginia, USA; and (ii) at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the National Arbitration Forum or the American Arbitration Association, under their rules for consumer arbitrations. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. ACCORDINGLY, REGISTRANT ACKNOWLEDGES THAT IT MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR JURY. Notwithstanding any other provision of these Terms and Conditions, any member of the ChildFund Group may resort to court action for injunctive relief at any time if, in its good faith belief, the dispute resolution procedures described in this Section 11.1 would permit or cause irreparable injury to such member of the ChildFund Group or any third party claiming against a member of the ChildFund Group, due to delay arising out of such dispute resolution procedures.

11.2. Governing Law

All rights and obligations of Registrants or the ChildFund Group relating to these Terms and Conditions, including any additional instructions, guidelines or policies issued by ChildFund, including those posted on the Website, shall be governed by and construed in accordance with the Law of the Commonwealth of Virginia without giving effect to any choice-of-law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction) that would cause the application of the Laws of any other jurisdiction.

12. GENERAL

12.1. Entire Agreement, Amendments and Modifications

These Terms and Conditions and any additional instructions, guidelines or policies issued by ChildFund, including those posted on the Website, constitute the entire agreement of the Parties with regard to the Website and all matters addressed herein, and all prior agreements, letters, proposals, discussions and other documents regarding the Website and the matters herein are superseded and merged into these Terms and Conditions.

12.2. Force Majeure

ChildFund will be excused from performance under these Terms and Conditions for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms and Conditions, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section 12.2, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, terrorism, insurrection, riot, civil disorder or rebellion; (3) quarantines or embargoes; (4) labor strikes; (4) telecommunications, network, computer, server or Internet downtime; (5) unauthorized access to ChildFund’s information technology systems by third parties; or (6) other causes beyond the reasonable control of ChildFund.

12.3. Severability

If any provision of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the Parties’ original intentions as nearly as possible in accordance with applicable Law(s).

12.4. Assignment

Registrant may not assign these Terms and Condition (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of ChildFund, which may be withheld at ChildFund’s sole discretion. Any attempted assignment by Registrant that does not comply with the terms of this Section 12.4 shall be null and void. ChildFund may assign these Terms and Conditions, in whole or in part, to any third party in its sole discretion.