The REAM Foundation (“The Foundation,” “we,” or “us”), requires that all visitors to this website (the “Site”) adhere to the following terms and conditions of use. By accessing and using the Site, you agree, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Site (your “Company”), to be bound by and comply with the following terms and conditions of use (these “Terms”) and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the Site.
CHANGES TO THESE TERMS AND THE SITE
We may amend, add to, delete, or change these Terms at any time, and all such additions, deletions, or changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect You. Your use of the Site constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”).
In these Terms, “you” and “your” refer not only to an individual accessing the Site, but also to the Company, if any, on whose behalf such an individual accesses the Site. Before continuing to access and use this Site, you must obtain all required consents and approvals from your Company and from any customers, clients, and other third parties who may be affected by, or may need to consent to, your access and use of the Site and any of the Content, whether such consents and approvals are required by law or otherwise.
You understand and agree that we own, or (where applicable) we have lawfully obtained and/or licensed from third parties, all right, title, and interest in and to the Site and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other jurisdictions, and that you acquire no ownership interest by accessing or using the Site or the Content. Such intellectual property rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets. All such rights are and will remain the property of The Foundation or its licensors and content providers. However, we also may have Content that we have designated as Content that may be downloaded by you pursuant to these Terms (“Available Content”). YOU MAY REVIEW, DOWNLOAD, COPY, DISTRIBUTE AND USE THE AVAILABLE CONTENT SOLELY FOR THE PURPOSE OF FURTHERING YOUR MISSION IN THE ORDINARY COURSE OF YOUR GOVERNMENTAL OR CHARITABLE PURPOSE AND ATTENDANT OPERATIONS. YOU MAY NOT SELL THE AVAILABLE CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE. YOU SHALL NOT USE OR DISCLOSE IT OR THE SITE TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS.
LICENSE TO ACCESS AND USE
The REAM Foundationgrants you a nontransferable, nonexclusive right and license to access and use this Site for your personal use, (or, if accessing the Site on behalf of a Company, your Company’s own internal use) only. Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Site or Content is appropriate or available for use in locations other than the United States. Those who choose to access this Site from locations other than in the United States do so on their own initiative and are responsible for compliance with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules and regulations regarding online conduct and acceptable content, in connection with your access and use of the Site. You may not use or export anything (including information) from the Site in violation of U.S. export laws, regulations or the Terms. You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event may you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content. Your obligations are not changed in any way by the publication of the Content, in whole or in part, by The Foundation or by others. No business or professional relationship is created in connection with any provision of the Content. The Content is provided exclusively with the understanding that The Foundation is not thereby engaged in rendering professional advice or services to you.
RESTRICTIONS ON ACCESS
You represent and agree that all information that you provide to us in connection with your access to and use of the Site is, and is true, accurate, and complete to the best of your knowledge and belief. The Foundation reserves the right, in its sole discretion, to terminate access to all or part of the Site by you or any Company, without notice or liability, for any reason whatsoever, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and The Foundation, including, without limitation, these Terms. Following any such termination of access, each of you and the Company will continue to be bound hereunder to the fullest extent applicable. Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or your indemnification of The Foundation) will continue in effect beyond any such termination of access to this Site. Upon being notified of such termination of access, you must destroy all materials obtained from the Site, all related documentation, and any copies and installations thereof. You may not access the Site after such termination of access without our written approval. Upon such termination of access, The Foundation will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content in full force.
In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for compliance with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Specifically, in connection with your use of the Site, neither you nor any Company may cause or permit any person to do any of the following: use the Site or Content for any unlawful purpose; post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site; post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind; post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; and post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.
Any comment, data, computer file, document, graphic, suggestion, idea, or other information which you or any other person may disclose, submit, or offer to us (each, a “Submission”), either through your use of the Site or otherwise, are deemed and will remain the sole property of The Foundation. To the extent applicable law prevents any such Submission from becoming the sole property of The Foundation, you expressly grant to us, or warrant that the owner of such material has expressly granted to us, a royalty-free, fully-paid, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to: (a) use, copy, adapt, transmit, perform, display, create derivative works of, publish, translate, and distribute the Submission (in whole or in part) in any media now known or hereafter developed; and (b) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted in respect of such Submission. The foregoing grants include the right to exploit any proprietary rights pertaining to the Submission, including, but not limited to, rights under copyright, trademark, service mark, or trade secret laws, in any relevant jurisdiction. By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You agree that you are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.
This Site may include links to other websites which are not maintained by The Foundation, including to the websites of our grantees, members or benefactors. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any link to external websites does not imply endorsement by The Foundation of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Site. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and The Foundation has no liability for any loss or damage arising from your access to or use of any external website. Since The Foundation is not responsible for the availability of these sites, or their contents, you should direct any concerns regarding an external website to the administrator of that site. You agree that you will bring no suit or claim against us arising from or based upon any such use of external sites. Links to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights. You may not link to the Site without our advance and express written permission and pursuant to The Foundation policy.
The Foundation does not deal with persons desiring to be paid a fee unless The Foundation intentionally enters into an express contract to do so. This means, for example, that The Foundation will not pay commissions or other sums to person who helps arrange a job, grant or anything else unless The Foundation has expressly contracted to do so in writing prior to any such arrangement. The Foundation may also use, delete or ignore any information you provided without paying you anything and without undertaking any duties to you or anyone else.
THE USE OF THIS SITE BY YOU AND YOUR COMPANY IS AT YOUR AND ITS SOLE RISK. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, THE FOUNDATION AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT: (a) THAT THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THAT THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THAT THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE IS OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF AN PARTICULAR VALUE OR QUALITY; (d) THAT ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THAT THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
In no event will The Foundation, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, our “Contractors”), be liable to you, your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Site or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other users of the Site or of third parties; or (d) your purchase or use of any goods or services provided by third parties. Under no circumstances will The Foundation or our Contractors be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the Site or the Content, or the transmission of information to or from the Site over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of The Foundation and the Contractors will be limited in accordance with these Terms to the extent permitted by law. Without limiting any of the foregoing, if The Foundation or any of the Contractors is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, or your use of the Site, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.
You agree to defend and indemnify The Foundation, and our officers, directors, employees, representatives, contractors, and agents, against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and The Foundation; (c) your website; and (d) any unauthorized use of a username, password, or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein will survive termination or any amendment of these Terms.
These Terms are to be construed and enforced in accordance with the laws of the State of Illinois, without regard to its conflicts of law principles. You and your Company submit to personal jurisdiction in Illinois, and any cause of action arising under these Terms or otherwise involving this Site must be brought exclusively in a court in Cook County, Illinois.
WAIVER OF JURY TRIAL
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.
These Terms (as such may be revised and amended from time to time) constitute the entire agreement with respect to your access to and use of the Site and the Content. Our electronically or otherwise properly stored copy of these Terms are deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you may not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms. These Terms do not confer any rights, remedies, or benefits upon any person other than you. We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent. Our waiver of any breach of these Terms is not a waiver of any preceding or subsequent breach thereof. If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any provisions. Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities. Discontinuation of use of this Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content. The Foundation may deal with you electronically now and in the future in its respective discretion during the entire course of activities pursued with you (e.g., applying for, obtaining, implementing, terminating and enforcing a grant or anything else), including but not limited to having you electronically sign documents and receive electronic notices. The Foundation also reserves the right to deal non-electronically and to require you to do so.
If you have entered into a separate agreement with The Foundation in respect of the use of the Site or any Content, that agreement will supersede these Terms to the extent they are in conflict.
Please contact us with any questions regarding the Site or these Terms using the “Contact Us” section of the Site.