Website TERMS OF USE

Effective Date: October 9, 2024.

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “you” or “user” or with “your”) AND 30 OCTOBER FOUNDATION (referenced herein as “Foundation”) THAT APPLIES EACH TIME YOU USE OR ACCESS THE FOUNDATION’S WEBSITE, MOBILE SITES, MOBILE APPLICATIONS, AND OTHER ONLINE SERVICES WHICH LINK TO THESE TERMS (referenced collectively herein as the “Site”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“TOU”) AS THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THIS TOU, DO NOT USE THIS SITE.

1. PRIVACY POLICY.  Please see the Foundation’s Privacy Policy  for a summary of the Foundation’s personally identifiable information collection and use practices.  You further agree that any such notices, agreements, disclosures or other communications that the Foundation sends you electronically (using the contact information you provide through the Site) will satisfy any legal communication requirements.
2. LIMITED LICENSE.  The Site is made available by the Foundation, and this TOU provides to you a personal, revocable, limited, non-exclusive, nontransferable, and nonsublicensable license to use the Site conditioned on your continued compliance with this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. You may not access or use the Site or any materials through the Site for any commercial or unauthorized purposes.  If you wish to make use of the Site other than as set out herein, you may contact the Foundation using the contact information set forth below. Any use of the Site other than as specifically authorized herein, without the prior written permission of the Foundation, is strictly prohibited and will terminate the license granted herein.
3. LICENSE RESTRICTIONS.  This TOU is only a license and not an assignment or sale.  The Foundation transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else.  Further, the Foundation reserves all rights not expressly granted by this TOU.  Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site. 
4. PROPRIETARY RIGHTS.  The Site is owned by the Foundation and/or its licensors.  All rights reserved.  Any downloadable or printable information or materials available through the Site, unless otherwise indicated, are owned by the Foundation and/or its licensors.  The Foundation name, logo, and all other names, logos, and icons identifying the Foundation and its software, solutions, products, and services are proprietary trademarks of the Foundation, and any use of such marks without the express written permission of the Foundation is strictly prohibited.  Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by the Foundation.
   
   
5. FEEDBACK.  The Foundation welcomes your feedback and suggestions about the Foundation or with respect to how to improve the Site.  By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to the Foundation, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to the Foundation and enable the Foundation to use such Feedback.  In addition, any Feedback received by the Foundation will be deemed to include a perpetual, royalty-free, transferable, sublicensable and non-exclusive right and license from you for the Foundation to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.
6. ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS.  Additional notices, terms, and conditions may apply to products, services, receipt of (or access to) certain materials, participation in a particular program, and/or to specific portions or features of the Site.  Without limitation of the foregoing, you hereby agree that (a) this TOU operates in addition to any terms of use imposed or required by any digital download platform from which you download the Site (“App Provider Terms”); and (b) the terms of this TOU supplement and do not alter or amend any such App Provider Terms.
7. PAYMENT & DONATION PROCESSING. All payments and donations made through the Site are processed through one or more third party processors (“Processors”). Payments and donations made through Processors are governed by the Processors’ respective privacy policies and terms of use. Processor names will appear on your credit or debit card statement.
8. LINKS TO OTHER SITES.  The Foundation may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience.  Such other sites are maintained by third parties over which the Foundation exercises no control.  These links do not imply an endorsement with respect to any third party or any third party web site or the information, products, or services provided by any third party.
9. DISCLAIMER.  THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.  THE FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  THE FOUNDATIONALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED BY, AVAILABLE THROUGH, OR ADVERTISED ON THESE THIRD PARTY WEB SOLUTIONS. 
10. LIMITATION OF LIABILITY.  TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE THE FOUNDATION FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND THE FOUNDATION’S CONTROL.  MOREOVER, IN NO EVENT SHALL THE FOUNDATION BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF THE FOUNDATION FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE SITE AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE SITE WHATSOEVER FOR AN AMOUNT NOT EXCEEDING THE TOTAL AMOUNT PAID BY YOU TO THE FOUNDATION DURING THE PAST SIX MONTHS IN CONNECTION WITH YOUR INDIVIDUAL USE OF THE SITE.
    
    SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, THE FOUNDATION’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. INDEMNIFICATION.  You agree to indemnify, defend, and hold the Foundation (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, arising out of or related in any manner to your breach or alleged breach of this TOU or for any violation or alleged violation of the rights of any other person or entity by your User Contribution(s).
12. ENFORCING SECURITY.  You may not use the Site or any of the Foundation’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using Foundation’s data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a Foundation system or network, circumventing any Foundation security or authentication measures, monitoring Foundationdata or traffic, interfering with any Foundation services, collecting or using from the Site email addresses, screen names, or other identifiers, collecting or using from the Site information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the Site to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against Foundation or its data, systems, or network.  Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law.  The Foundation reserves the right to view, monitor, and record activity on the Site without notice or permission from you.  Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site as well as to disclosures required by or under applicable law or related government agency actions.  The Foundation will also comply with all court orders or subpoenas involving requests for such information.  In addition to the foregoing, Foundation reserves the right to, at any time and without notice, modify, update, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site in order to protect the Site or Foundation.
13. INJUNCTIVE RELIEF.  You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of Foundation proprietary assets, will cause irreparable injury to Foundation, such injury would not be quantifiable in monetary damages, and Foundation would not have an adequate remedy at law.  You therefore agree that Foundation shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU.  Accordingly, you hereby waive any requirement that Foundation post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Foundation to enforce any provision of this TOU.
14. TERMINATION.  The Foundation reserves the right at any time and on reasonable grounds to deny your access to the Site or to any portion thereof and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning Foundation’s proprietary rights, Feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
15. GOVERNING LAW.  This TOU will be construed and enforced in accordance with the laws of the Commonwealth of Virginia as applied to agreements entered into and completely performed in the Commonwealth of Virginia.  Any action to enforce this TOU will be brought in the courts presiding in the Commonwealth of Virginia and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts.  Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. WAIVER & SEVERABILITY.  Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance.  No waiver by Foundation of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.  If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
17. ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and Foundation as a result of this TOU or your utilization of the Site. This TOU represents the entire agreement between you and Foundation with respect to use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Foundation with respect to the Site. Please note that Foundation reserves the right to change the terms and conditions of this TOU by posting a revised TOU. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. In addition, Foundation may add, modify, or delete any aspect, program, or feature of the Site, but Foundation is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following the posting of changes or modifications will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU on a periodic basis.
18. ACCESSIBILITY. We are committed to helping those with disabilities access the Site. We strive to provide an excellent online experience for all our guests – including those with sight, hearing, and other disabilities.  If you have difficulty using or accessing any element of the Site or if you have any feedback regarding accessibility of the Site, please feel free to contact us at VKMfoundation@30october.org.
19. NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. 
20. CONTACT INFORMATION.  If you have questions regarding the Site or these Terms, please contact Foundation by email at VKMfoundation@30october.org.