DISCLOSURES
A copy of the latest Financial Report and
Registration filed by this organization may be obtained by contacting ChildFund
International, 2821 Emerywood Parkway, P.O. Box 85066, Richmond, VA 23261-5066,
804-756-2700 or 1-800-776-6767, online at https://www.childfund.org/annual_reports/
or any of the state agencies:
Florida –
A copy of the official registration and financial information may be obtained
from the Division of Consumer Services by calling toll-free, within the state,
1-800-HELP-FLA (1-800-435-7352). Registration does not imply endorsement.
Florida Registration #CH1095
Georgia –
A full and fair description of the programs of ChildFund and our financial
statement summary are available upon request at the office and phone number
indicated above.
Kansas –
State Registration #215-945-7. An annual financial report is filed with the
Kansas Secretary of State, First Floor, Memorial Hall, 120 SW 10th Avenue,
Topeka, KS 66612-1594, 785-296-4564.
Maryland –
(for the cost of copies and postage) Secretary of State, Charities Division,
State House, Annapolis, MD 21401, 410-974-5534
Michigan –
State Registration #MICS 5335
Mississippi –
The official registration and financial information of the organization may be
obtained from the Mississippi Secretary of State’s office by calling
1-888-236-6167. Registration by the Secretary of State does not imply
endorsement by the Secretary of State.
New Jersey –
Information filed with the Attorney General concerning this charitable
solicitation and the percentage of contributions received by the charity during
the last reporting period that were dedicated to the charitable purpose may be
obtained from the Attorney General of the State of New Jersey by calling
973-504-6215 and is available on the Internet at
http://www.state.nj.us/lps/ca/charfrm.htm. Registration with the Attorney
General does not imply endorsement.
New York –
A copy of the latest annual report may be obtained from the organization or
from the Charities Bureau, Department of Law, 120 Broadway, New York, NY 10271.
North Carolina – Financial information about this organization and a
copy of its license are available from the State Solicitation Licensing Branch
at 1-888-830-4989. The license is not an endorsement by the state.
Pennsylvania –
The official registration and financial information of ChildFund International
may be obtained from the Pennsylvania Department of State by calling toll free,
within Pennsylvania, 1-800-732-0999. Registration does not imply endorsement.
Virginia –
State Division of Consumer Affairs, Dept. of Agriculture & Consumer
Services, Office of Consumer Affairs, P.O. Box 526, Richmond, VA 23218-0526,
804-786-1343
Washington –
Office of Secretary of State, Charities Program, 801 Capitol Way South, P.O.
Box 40234, Olympia, WA 98504-0234, 360-725-0378 (or toll free 1-800-332-4483)
West Virginia –
West Virginia residents may obtain a summary of the registration and financial
documents from the Secretary of State, State Capitol, Charleston, WV 25305.
Registration does not imply endorsement.
Your contribution is tax-deductible as
described on your annual statement or donation receipt and to the extent
allowed by United States laws. You have received no goods or services in return
for your donation, unless ChildFund International, USA has otherwise notified
you in writing.
IRS Circular 230 Notice: ChildFund
International, USA advises you to seek your own legal and tax advice in
connection with gift and planning matters. ChildFund International, USA does
not provide legal or tax advice.
TERMS AND CONDITIONS
This website is owned and operated
by ChildFund International (“ChildFund International”, “we,” “us” or “our”).
ChildFund International provides this website, including all information,
software and services available from this website, to you, the user,
conditioned upon your acceptance of all the terms, conditions, policies and
notices described herein. Your use of the website constitutes your agreement to
all such terms, conditions, policies and notices.
Your
Use of the Website
This website is for your personal
and noncommercial use. As a condition to your use of the website, you warrant
to ChildFund International that you will not use the website for any purpose
that is unlawful or prohibited by these General Terms and Conditions.
If you use this website and
establish an account with us, in order to use and access restricted sites
(e.g., through the My Correspondence feature) you are solely responsible for
maintaining the confidentiality and security of your account and password, and
you agree that all activities that occur under your account or password are
your responsibility. You further agree
to abide by the Restricted Sites Terms and Conditions, available at www.childfund.org/, if applicable to you.
Privacy
Policy
You explicitly consent to the
collection, hosting, use, disclosure and other processing or handling of
information as described in the ChildFund International Privacy Notice located
at http://www.childfund.org/
as such notice may be amended by ChildFund International in its sole discretion
from time to time.
Accuracy,
Completeness and Timeliness of Information on the Website
We strive to provide accurate
information on our website. We are not responsible, however, if information we
make available on this website is not accurate, complete or current. The
materials on this website are provided for general information only and should
not be relied upon or used as the basis for making any decisions without
consulting primary or more accurate, more complete or more timely sources of
information. Any reliance on the materials on this website will be at your own
risk. This website may contain certain historical information. Historical
information is not current and is provided for your reference only. We reserve
the right to modify the contents of this website at any time, but we have no
obligation to update any information on the website. You agree that it is your
responsibility to monitor changes to the website.
Use
of Materials From the Website
Except where explicitly stated
otherwise, this website and all of its content (including but not limited to
software, files, graphics and data) are the property of and owned by ChildFund
International and/or its affiliates, suppliers or licensors and are protected
by copyright, trademark and other laws of the United States and other
countries. You may display and electronically copy, download and print
hard-copy versions of the materials contained on the website for your personal
and noncommercial use, provided that you do not modify or delete any copyright,
trademark or other proprietary notice that appears on the materials you copy,
download or print. When you display, copy, download or print any materials on
or from the website, they are provided to you by ChildFund International and/or
its affiliates, suppliers or licensors under a license that is revocable at
will by ChildFund International. ChildFund International and/or its affiliates,
suppliers or licensors retain full and complete title to the materials and to
any and all of the associated intellectual property rights. Any other use of
the materials on the website, including but not limited to the modification, distribution,
transmission, performance, broadcast, reproduction, publication , licensing,
reverse engineering, transfer or sale of, or the creation of derivative works
from, any materials, information, software, products or services obtained from
the website, without the prior written permission of ChildFund International,
is expressly prohibited. Requests for permission to undertake any of these
activities should be mailed to
ChildFund International
Attn: Communications
P.O. Box 26484
Richmond, VA 23261-6484
www.childfund.org/contact_us or comms@childfund.org
Your use of any software available
on this website is governed by the terms of the End User License Agreement, if
any, that accompanies or is included with the software. You may not install or
use any software without first agreeing to the terms of such End User License
Agreement. For any software not accompanied by an End User License Agreement,
ChildFund International hereby grants to you a limited, personal,
nontransferable, revocable license (to the object code only) to use the
software for viewing and other personal, noncommercial purposes within the
scope of use of such software anticipated by ChildFund Interantional in
accordance with these General Terms and Conditions, and for no other purpose.
Any such software is provided to you subject to the warranties, if any,
disclaimer of warranties and limitations of liability set forth in these
General Terms and Conditions. You must terminate your use of any such software
in the event that your access to this website is terminated by ChildFund
International.
Materials
You Submit
The website may contain features and
functionality permitting you to publish, upload, post, display or otherwise
submit (collectively, “Publish”) certain information, comments and other
content that may be viewed by us, the general public and other users of the
website. You are responsible for any information, comments or other content
Published by you or any person using your computer. You agree not to Publish
any information, comments or other data that is or may reasonably be considered
libelous, defamatory, obscene, threatening, invasive of privacy or publicity
rights, infringing or misappropriating of intellectual property rights,
abusive, illegal or otherwise objectionable, or which may constitute or
encourage a criminal offense, violate the rights of any party or otherwise give
rise to liability or violate any law, or consists of or contains software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings or any form of "spam." You may not use a false email
address, impersonate any person or entity or otherwise mislead as to the origin
of information, comments or other content Published by you. We reserve the
right (but not the obligation) to remove or edit such content, but do not
regularly review posted content;provided, however, ChildFund International does
screen Digital Communications in My Correspondence Accounts in accordance with
its internal policies and as noted by in the Restricted Site Terms and
Conditions, available at www.childfund.org/
You may not use the website in any
manner that could damage, disable, overburden or impair any ChildFund
International server (including the servers of any ChildFund International’s
third-party provider) or the network(s) connected to any ChildFund International
server (including the servers of any ChildFund International third-party provider),
or interfere with any other party's use and enjoyment of all or any portion of
the website. You may not attempt to gain unauthorized access to any restricted
web pages or any web pages requiring registration in order to view, through
hacking, password mining or any other means. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made
available through the website by ChildFund International. Any access or use of web pages requiring
registration are subject to your registration on the site and is further
governed by the Restricted Sites Terms and Conditions available at www.
childfund.org/
If you do Publish information,
comments or other content on or to the website, and unless we indicate
otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable
and fully sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute and display such content throughout
the world in any media. You represent and warrant that you own or otherwise
control all of the rights to the content that you post; that the content is
accurate; that use of the content you supply does not violate these General Terms
and Conditions , and where applicable, the Restricted Sites Terms and
Conditions and will not cause injury to any person or entity; and that you will
indemnify us, our affiliates and our respective directors, officers, employees,
representatives and agents for all claims arising from content you Publish,
that is Published from your computer or that is Published using your user name
and password, if any. We take no responsibility and assume no liability for any
content Published by you, from your computer or using your user name and
password, if any.
Registered
Users
If you are a registered user on the
website and are viewing web pages accessible only by registered users, your use
of those web pages will be governed by the Restricted Sites Terms and Conditions
applicable to registered users and available at www.childfund.org/, and any
conflicts between the Restricted Sites Terms and Conditions and these General Terms
and Conditions shall be governed by the conflicting provision in the terms and
conditions applicable to registered users.
Disclaimers
YOUR USE OF THIS WEBSITE IS AT YOUR
OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR
ACCESS TO THE WEBSITE OR ANY FEATURE OR ANY PART THEREOF AT ANY TIME. CHILDFUND
INTERNATIONAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT
MATERIALS ON THE WEBSITE ARE NONINFRINGING; THAT ACCESS TO THE WEBSITE WILL BE
UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE OR ANY CONTENT SUBMITTED TO THE
WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SOFTWARE AND SERVERS THAT MAKE
THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE
WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS
WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM CHILDFUND INTERNATIONAL OR THROUGH OR FROM THE
WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. CHILDFUND INTERNATIONAL DOES NOT
MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING ANY RESULTS OBTAINED BY YOU IN
RELYING ON THE MATERIALS ON THIS WEBSITE OR THE USE OF THE MATERIALS ON THIS
WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY,
USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN STATES, THE LAW
MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO ALL OR PORTIONS OF THE ABOVE
DISCLAIMER MAY NOT APPLY TO YOU.
Limitation
of Liability
TO THE FULLEST EXTENT PERMITTED
UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NO MEMBER OF THE CHILDFUND INTERNATIONAL
GROUP (AS DEFINED BELOW) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR
RESULTING FROM (I) YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER
WEBSITE YOU ACCESS THROUGH A LINK FROM THIS SITE, (II) FROM ANY ACTIONS WE TAKE
OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US; (III) THE
PUBLISHING OF ANY INFORMATION, COMMENTS OR OTHER INFORMATION ON OR TO THE
WEBSITE BY YOU OR ANY PERSON USING YOUR COMPUTER; OR (IV) THE USE BY ANY THIRD
PARTY OF YOUR USER NAME OR PASSWORD. THESE INCLUDE DAMAGES FOR ERRORS,
OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF
PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS
LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE
TERMS OF A CONTRACT, AS OF NEGLIGENCE, OR OTHERWISE ARISE OUT OF OR IN
CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION,
SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS WEBSITE, AND EVEN IF WE OR
OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You will indemnify and hold harmless
ChildFund International, its affiliates and their respective current, future or
former officers, directors, partners, employees, agents, contractors,
licensors, suppliers and their successors or assigns (collectively, the
“ChildFund International 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 International Group, and, if directed by ChildFund International,
shall defend the ChildFund International Group against (i) all claims that any
information, data or other materials provided or Published by you in connection
with the website or these General Terms and Conditions, or use thereof by any
member of the ChildFund International Group, infringes, misappropriates or
otherwise violates any patent, trademark, copyright, trade secret or other
intellectual property, proprietary or privacy right of a third party, or that
violates any law, rule or regulation; (ii) all claims arising from fraud,
intentional misconduct, criminal acts or gross negligence by you; and (iii) all
claims otherwise arising due to a failure by you to comply with any term or
condition of these General Terms and Conditions.
Featured
Links
This website may contain hyperlinks
to other Internet websites. These hyperlinks are provided for your information
and convenience only. ChildFund International does not control these other
websites and is not responsible for their content; nor does ChildFund
International’s inclusion of hyperlinks to such websites imply any endorsement
or approval of the material on such websites or any association with their
operators. Check the URL address provided in your browser to determine whether
you are still in this ChildFund International website or have moved to another
site.
Linking
ChildFund International permits
linking to content on our website. Linking should not suggest that ChildFund
International promotes or encourages any third party's causes, ideas, websites,
products or services. Linking should not use ChildFund International’s content
for inappropriate commercial purposes or in any way that is unlawful or harmful
to any other person or entity. ChildFund International reserves the right to
withdraw permission for any link.
Copyright
Except for material in the public
domain under United States copyright law, all material contained on the website
(including all software, HTML code, Java applets, Active X controls and other
code) is protected by applicable United States and foreign copyright laws.
Except as otherwise expressly provided in these General Terms and Conditions,
you may not copy, distribute, transmit, display, perform, reproduce, publish,
license, modify, rewrite, create derivative works from, transfer or sell any
material contained on the website without the prior consent of the copyright
owner. Violation of this provision may result in severe civil and criminal
penalties.
Trademarks
ChildFund International®, ChildFund
International™ and other marks used on this website are trademarks or
registered trademarks of ChildFund International and its affiliates and are
protected by state and federal trademark laws. Other trademarks appear on the
website with permission from their respective owners. Your unauthorized use of
trademarks appearing on the website may constitute trademark infringement,
which could subject you to substantial civil penalties.
Termination
of Privileges
ChildFund International reserves the
right to suspend or terminate your privilege of using all or any portion of
this website, including all of your privileges or accounts that you may have
established in connection with the website, at any time and without notice to
you if, in ChildFund International’s sole judgment, you breach any of these General
Terms and Conditions, the Restricted Sites Terms and Conditions, the ChildFund
International Privacy Policy or for any other lawful reason. Notwithstanding
the termination of your various privileges, the following paragraphs shall
survive such termination: Accuracy, Completeness and Timeliness of Information
on the Website, Use of Materials from the Website, Materials You Submit,
Registered Users, Disclaimers, Limitation of Liability, Indemnification,
Copyright, Trademarks, Termination Privileges, Jurisdiction and Miscellaneous.
Changes
to These General Terms and Conditions
ChildFund International reserves the
right to make changes to these General Terms and Conditions at any time by
posting revised General Terms and Conditions on the website. It is your
responsibility to check periodically for any changes we may make to these General
Terms and Conditions. The most current version of the General Terms and
Conditionse can be reviewed by clicking on the "Terms of Use"
hypertext link located at the bottom of our Web pages. By continuing to use the
website, you are agreeing to all changes made by ChildFund International.
Jurisdiction
This website is controlled and
operated by ChildFund International from its principal office in the
Commonwealth of Virginia, USA. The laws of the Commonwealth of Virginia govern
these General Terms and Conditions and your use of the website. We recognize
that it is possible for you to obtain access to this website from any
jurisdiction in the world, but we have no practical ability to prevent such
access. This website has been designed to comply with the laws of the
Commonwealth of Virginia and the United States. Those who choose to access the
website from other locations do so on their own initiative and are responsible
for compliance with local laws if and to the extent local laws are applicable.
If any material on this website, or your use of the website, is contrary to the
laws of the place where you are when you access it, then the website is not
intended for you and we ask you not to use the website. You may not use or
export materials on this website in violation of United States export laws and
regulations. This website is not intended to subject ChildFund International to
the laws or jurisdiction of any state, country or territory other than the
Commonwealth of Virginia and the United States of America.
If a dispute arises under these General
Terms and Conditions between you and any member of the ChildFund International 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, YOU ACKNOWLEDGE THAT YOU
MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR JURY.
Notwithstanding any other provision of these General Terms and Conditions, any
member of the ChildFund International Group may resort to court action for
injunctive relief at any time if, in its good faith belief, the dispute resolution
procedures described above would permit or cause irreparable injury to such
member of the ChildFund International Group or any third party claiming against
a member of the ChildFund International Group, due to delay arising out of such
dispute resolution procedures.
Miscellaneous
If any provision of this agreement
is unlawful, void or unenforceable, the remaining provisions of the agreement
will remain in place. These General Terms and Conditions constitute the entire
agreement and understanding between you and ChildFund with respect to use of
the website, superseding all prior or contemporaneous communications; except that
use of any Restricted Sites are governed by the Restricted Sites Terms and
Conditions. A printed version of these General Terms and Conditions shall be
admissible in judicial or administrative proceedings based on or relating to
use of the website to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in printed
form.
How
to Contact Us
If you have any questions or
comments about these General Terms and Conditions or this website, please Contact Us or write
us at:
ChildFund International
2821 Emerywood Parkway
Richmond, VA 23294
RESTRICTED SITES TERMS AND CONDITIONS
By
clicking the “I Agree” button that follows these terms and conditions
(“Restricted Sites Terms and Conditions”) or otherwise accessing or using the
portions of the ChildFund International website designated for registered users
(the “Restricted Sites”), you (“Registrant”) agree as follows:
REGISTRATION;
TRANSACTIONS; TERM OF REGISTRATION
Online
Registration
Upon the completion by Registrant of
the online registration form, Registrant may access and use the Restricted Sites to obtain certain information
provided by ChildFund International and/or conduct certain transactions and
activities through the Restricted Sites, including, but not limited to, the
submission of donations to ChildFund International (each, a “Transaction”) and submission
of and access to digitized communications with Registrant’s sponsored child
through My Correspondence (each, a
“Digital Communication”). Unless otherwise indicated by ChildFund International,
all Transactions and Digital Communications conducted by Registrant through the
Restricted Sites will be subject to these Restricted Site Terms and Conditions,
as well as the ChildFund International website General Terms and Conditions
available at www.childfund.org/terms_of_use and the ChildFund International Privacy Policy available at
www.childfund.org/privacy and any other terms and conditions presented to Registrant
by ChildFund International in connection with such Transactions and Digital
Communications.
Transactions
a. Method of Payment. In order to complete a Transaction, Registrant may need to
provide a method of payment (“Payment Account”) as specified during the
registration process. Registrant may execute a single Transaction at a time or
execute multiple Transactions on a recurring basis (e.g., monthly, quarterly,
annually, etc.), depending upon the options selected during the Transaction
process. You authorize ChildFund International to charge your Payment Account
at the frequency and in the amounts designated by you during the Transaction
process. All fees will be billed via the method of payment you designate during
the Transaction process. Once submitted, amounts paid are generally non-refundable. However, in the event your donation was not intended for
ChildFund, you may request a refund. ChildFund International may periodically need to increase the sponsorship amount and in such cases, ChildFund will announce the increase before any additional deductions are made. You will always have the option to decline an increase.
b. Donations. Registrant acknowledges and agrees that ChildFund International
did not provide any goods or services to Registrant personally in consideration
for any donations made by Registrant as part of a Transaction. ChildFund International
will apply Registrant’s donations in accordance with its internal policies and
procedures.
Digital
Communications
a. My Correspondence. In
order to facilitate communication with Registrant’s sponsored child(ren)
ChildFund International offers Registrant the option of sending and receiving
Digital Communications through the My Correspondence feature. Registrant may use the My Correspondence
feature by registering for an account (“My Correspondence Account”).
b. Intellectual
Property License. Registrant owns all of the content and information
posted by Registrant through the My Correspondence feature. For content and information that is covered
by intellectual property rights (“IP Content”), Registrant specifically
grants ChildFund International a
perpetual, non-exclusive, irrevocable, transferable, sub-licensable,
royalty-free, worldwide license to use any IP Content that is posted, uploaded or otherwise stored
through Registrant’s use of the My Correspondence feature.
c. Content Screening. ChildFund
International may screen Digital Communications in Registrant’s My
Correspondence Account consistent with ChildFund International’s internal policies,
including but not limited to its policies on child sponsorship correspondence
and child protection. Consistent with
its application of such policies, ChildFund International reserves the right to
remove, edit, or refuse to transmit or refuse to facilitate transmittal of
Digital Communications.
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 Restricted
Sites Terms and Conditions, will continue in perpetuity (“Term”).
Notwithstanding the foregoing, Registrant’s registration may automatically
expire (and may be deleted by ChildFund International) following any period of
inactivity associated with Registrant’s account in excess of twelve (12)
consecutive months. Registrant may not consummate any Transaction or send or receive Digital Communications without an
active registration.
Notices
All notices from ChildFund International
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 ChildFund
International website (www.childfund.org)
(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 Restricted Sites, Registrant must
update his or her email address in accordance with the procedures set forth on
the ChildFund International website (www.childfund.org).
MODIFICATIONS
TO THE RESTRICTED SITES / TERMS AND CONDITIONS
Modifications
to the Restricted Sites / Terms and Conditions
Registrant acknowledges and agrees
that ChildFund International may, in its
sole discretion, modify the Restricted Sites and these Restricted Sites 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 Restricted
Sites or these Restricted Sites Terms and Conditions under any circumstances.
REPRESENTATIONS,
COVENANTS AND WARRANTIES
Representations,
Covenants and Warranties of Registrant
Registrant represents, covenants and
warrants to ChildFund International that (1) these Restricted Sites 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 Restricted
Sites except as expressly permitted by these Restricted Sites Terms and
Conditions and any additional instructions, guidelines or policies issued by
ChildFund International, including those posted on the ChildFund International
website (www.childfund.org)e; (3) Registrant will access and use the Restricted
Sites in full compliance with applicable Law (as defined in the section title
“COMPLIANCE” below); (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 any account opened it his or her name, included but not limited to
Payment Accounts and My Correspondence Accounts, and is authorized to commit
funds from the relevant accounts to ChildFund International for purposes of
conducting Transactions.
Disclaimer
EXCEPT AS OTHERWISE EXPRESSLY
PROVIDED IN THESE TERMS AND CONDITIONS, CHILDFUND INTERNATIONAL 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 RESTRICTED SITES OR ANY DATA SERVICE,
SOFTWARE, HARDWARE, DELIVERABLE, WORK PRODUCT, DIGITAL COMMUNICATIONS OR OTHER
MATERIALS RELATED TO THE RESTRICTED SITES, OR THE AVAILABILITY OF ANY OF THE
FOREGOING; (2) WHETHER THE INFORMATION AVAILABLE ON THE RESTRICTED SITES 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 INTERNATIONAL
DOES NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY
THE RESTRICTED SITES WILL BE
UNINTERRUPTED, ERROR-FREE OR SECURE. REGISTRANT ACKNOWLEDGES AND AGREES THAT
THERE ARE RISKS INHERENT TO TRANSMITTING INFORMATION OVER AND STORING
INFORMATION, INCLUDING DIGITAL COMMUNICATIONS, ON THE INTERNET AND OTHER
COMPUTER NETWORKS AND THAT CHILDFUND INTERNATIONAL IS NOT RESPONSIBLE FOR ANY
LOSSES OF REGISTRANT’S DATA, DIGIAL COMMUNICATIONS, CONFIDENTIALITY OR PRIVACY
IN CONNECTION THEREWITH.
COMPLIANCE
Generally
Registrant shall use the Restricted
Sites in strict compliance with (1) these Restricted Sites Terms and
Conditions; (2) any additional instructions, guidelines or policies issued by
ChildFund International, including those posted on the Restricted Sites or on the ChildFund International
website (www.childfund.org); and (3) all applicable laws, rules and regulations
(collectively, “Laws”).
CONTRACTORS
Use
of Contractors
ChildFund International may engage
any third party (including ChildFund International’s affiliates) to perform, or
support the performance of, all or any portion of the Restricted Sites.
INTELLECTUAL
PROPERTY RIGHTS; RESTRICTIONS ON USE
Ownership
of the Restricted Sites and Related Data
As between ChildFund International and
Registrant (collectively, “Parties”), ChildFund International owns and will
retain ownership of all rights, title and interest in and to the Restricted
Sites, including (1) all content on the Restricted Sites developed by ChildFund
International or its third-party licensors, including any derivative works of
the Restricted Sites and any such content; (2) any data presented on or by the Restricted
Sites or otherwise uploaded, posted, or stored by ChildFund International and
its third-party providers, except for personal information that Registrant
submits to ChildFund International through the Restricted Sites and except as
noted in the section titled “DIGITAL CORRESPONDENCE”; and (3) any intellectual
property or other proprietary rights comprising any of the foregoing
(collectively, “ChildFund International IP”). Neither these Restricted Sites Terms
and Conditions nor any disclosure made hereunder grant any license to
Registrant under any ChildFund International IP.
Use
of the Restricted Sites
Registrant may use the Restricted
Sites, including any data presented on or by the Restricted Sites for
Registrant or otherwise hosted or stored by ChildFund International for
Registrant, only on its own behalf and for lawful and appropriate purposes.
Registrant shall not use the Restricted Sites or any of the data presented on
or by the Restricted Sites or otherwise hosted or stored by ChildFund International
for any commercial or other purpose other than as expressly permitted herein.
Registrant will notify ChildFund International immediately upon any suspected
unauthorized use of the Restricted Sites, 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 Restricted Sites
(“Login Credentials”). Registrant shall be solely responsible for maintaining
the confidence and security of any Login Credentials, and ChildFund
International shall bear no liability or other responsibility associated therewith.
PRIVACY
NOTICE
Privacy
Notice
Registrant explicitly consents to
the collection, hosting, use, disclosure and other processing or handling of
information as described in the ChildFund International Privacy Notice located
at http://www.childfund.org/ as such notice may be amended by ChildFund International in
its sole discretion from time to time.
SUSPENSION;
TERMINATION
Suspension
ChildFund International may suspend
or limit Registrant’s access to the Restricted Sites if ChildFund International,
in its sole discretion, suspects that Registrant is in violation of, or
reasonably likely to be in violation of, these Restricted Sites Terms and
Conditions or any additional instructions, guidelines or policies issued by
ChildFund International, including those posted on the ChildFund International
website (www.childfund.org).
Nonrenewal
Registrant may cancel his or her
registration at any time in accordance with the procedures described on the Restricted
Sites.
Termination
by ChildFund
ChildFund International may
terminate Registrant’s registration, in whole or in part, as follows:
For Cause. Immediately (1) in order to comply with applicable Law or
instructions from any governmental agency or authority; (2) if ChildFund
International, in its sole discretion, suspects that Registrant is using the Restricted
Sites in a manner not permitted by these Restricted Site Terms and Conditions;
or (3) upon any breach of these Restricted Site Terms and Conditions, the
ChildFund International website General Terms and Condition or the ChildFund
International Privacy Policy by Registrant.
For Convenience. For convenience, upon Notice by ChildFund International to
Registrant, which may occur after an unsuccessful login attempt by Registrant.
Effect
of Termination/Survival of Selected Provisions
Effect of Termination. Upon the expiration or earlier termination of Registrant’s
registration, for any reason (i) Registrant will no longer be authorized to
access the Restricted Sites or otherwise use any of the features or services
offered by the Restricted Sites; (ii) ChildFund International may delete any
data associated with Registrant’s accounts, including but not limited to, any
content in Registrant’s My Correspondence Account; and (iii) all rights and
obligations of the Parties under these Restricted Sites Terms and Conditions
shall expire, except those rights and obligations under those sections
specifically designated in the sub-section
titled “SURVIVAL” immediately below.
Survival. Notwithstanding the expiration or earlier termination of
Registrant’s registration to the Restricted Sites, the following sections of
the Restricted Sites Terms and Conditions shall survive any such expiration or
termination: “DISCLAIMER”; “OWNERSHIP OF THE WEBSITE AND RELATED DATA”;
“EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS”; “LIABILITY”; “INDEMNITIES”; “DISPUTE RESOLUTION”; AND,
“GENERAL”.
LIABILITY
Limitation
of Liability
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE CHILDFUND INTERNATIONAL GROUP (AS DEFINED IN SECTION TITLED
“INDEMNITIES”) 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 RESTRICTED SITES, OR BASED UPON ANY
BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT (INCLUDING THESE
RESTRICTED SITES TERMS AND CONDITIONS AND ANY ADDITIONAL INSTRUCTIONS,
GUIDELINES OR POLICIES ISSUED BY CHILDFUND INTERNATIONAL, INCLUDING THOSE
POSTED ON THE CHILDFUND INTERNATIONAL WEBSITE (WWW.CHILDFUND.ORG)), 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 INTERNATIONAL GROUP CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE
FOREGOING DAMAGES, THE CHILDFUND INTERNATIONAL 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 (US $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.
Remedies
At its option, any member of the
ChildFund International 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 Restricted Sites Terms and Conditions, including any
additional instructions, guidelines or policies issued by ChildFund
International, including those posted on the ChildFund International website
(www.childfund.org), and/or actions for damages.
Claims
No action arising out of, in connection with, or
relating to these Restricted Sites Terms and Conditions or the subject of these
Restricted Sites 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 provision of law which would
toll or otherwise affect the running of the period of limitations are hereby
waived, and no such statute or provision of law shall operate to extend the
period limited in this paragraph.
INDEMNITIES
Indemnity
by Registrant
Registrant will indemnify and hold
harmless ChildFund International, its affiliates and their respective current,
future or former officers, directors, partners, employees, agents, contractors,
and their successors or assigns (collectively, the “ChildFund International 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 International Group, and,
if directed by ChildFund International, shall defend the ChildFund International
Group against (1) all claims that any information, data or other materials
provided by Registrant in connection with the Restricted Sites (including, but not limited
to, Registrant’s application for registration to access and use the Restricted
Sites) or these Restricted Sites Terms
and Conditions, or use thereof by any member of the ChildFund International 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 Restricted Sites Terms and Conditions, including
any additional instructions, guidelines or policies issued by ChildFund
International, including those posted on the ChildFund International website
(www.childfund.org).
DISPUTE
RESOLUTION
Disputes
If a dispute arises under these Restricted
Sites Terms and Conditions between Registrant and any member of the ChildFund International
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 Restricted Sites Terms
and Conditions, any member of the ChildFund International 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 would permit or
cause irreparable injury to such member of the ChildFund International Group or
any third party claiming against a member of the ChildFund International Group,
due to delay arising out of such dispute resolution procedures
Governing
Law
This ChildFund International website
and the Restricted Sites are controlled and operated by ChildFund International
from its principal office in the Commonwealth of Virginia, USA. The laws of the
Commonwealth of Virginia govern these Restricted Sites Terms and Conditions and
your use of the Restricted Sites. We recognize that it is possible for you to
obtain access to the Restricted Sites from any jurisdiction in the world, but ChildFund
International has no practical ability to prevent such access. The Restricted
Sites has been designed to comply with the laws of the Commonwealth of Virginia
and the United States. Registrants who choose to access the Restricted Sites
from other locations do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable. If
any material on the Restricted Sites, or your use of the Restricted Sites, is
contrary to the laws of the place where you are when you access it, then the Restricted
Sites are not intended for you and we ask you not to use the Restricted Sites.
You may not use or export materials on the Restricted Sites in violation of
United States export laws and regulations. The Restricted Sites are not
intended to subject ChildFund International to the laws or jurisdiction of any
state, country or territory other than the Commonwealth of Virginia and the
United States of America.
GENERAL
Entire
Agreement, Amendments and Modifications
These Restricted Terms and
Conditions, as supplemented by the ChildFund International website General
Terms and Conditions, available at www.childfund.org/termsandconditions and the ChildFund International Privacy Policy, available
at www.childfund.org/privacypolicy and any additional instructions, guidelines
or policies issued by ChildFund International, including those posted on the ChildFund
International website (www.childfund.org), constitute the entire agreement of
the Parties with regard to the Restricted Sites and all matters addressed
herein, and all prior agreements, letters, proposals, discussions and other
documents regarding the Restricted Sites and the matters herein are superseded
and merged into these Restricted Sites Terms and Conditions.
Force
Majeure
ChildFund International will be
excused from performance under these Restricted Sites Terms and Conditions for
any period that it is prevented from or delayed in performing any obligations
pursuant to these Restricted Sites Terms and Conditions, in whole or in part,
as a result of a Force Majeure Event. For purposes of this Section , “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 International’s information technology systems
by third parties; or (6) other causes beyond the reasonable control of
ChildFund International.
Severability
If any provision of these Restricted
Sites 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).
Assignment
Registrant may not assign these Restricted
Sites Terms and Condition (or any rights, benefits or obligations hereunder)
by operation of law or otherwise without the prior written consent of ChildFund
International, which may be withheld at ChildFund International’s sole
discretion. Any attempted assignment by Registrant that does not comply with
the terms of this Section shall be null and void. ChildFund International may
assign these Restricted Sites Terms and Conditions, in whole or in part, to any
third party in its sole discretion.