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Terms of Service 

 

Terms of Service

Welcome to the Bradley Impact Fund website. This Terms and Conditions of Use (the “Terms”) is a binding legal contract between you (“you”) and Bradley Impact Fund, Inc. (“Bradley”), and governs your access to, use of and all visits to (a) the Bradley Impact Fund website, located at www.bradleyimpact.org, and other online areas owned or operated by Bradley, and (b) any services, features, functionalities, and information made available by accessing software or data from within the Bradley Impact Fund website and other online areas owned or operated by Bradley ((a) and (b), collectively, the “Site”).

Please read these Terms carefully and thoroughly. By accessing and using the Site (including by browsing the Site, logging in to the Site, and setting up an account or making a gift through the Site), you agree that you have read and understand these Terms and that you accept and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site and you are instructed to stop using the Site immediately. Notwithstanding anything to the contrary in this notice, your first use of the Site shall irrevocably indicate your agreement to these Terms.

1. PRIVACY POLICY
Information that you provide or that we collect about you in connection with your access to and use of the Site is subject to our Privacy Policy, the terms of which are hereby incorporated into these Terms by reference. We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy. You may access our Privacy Policy at: www.bradleyimpactfund.org.

2. ELIGIBILITY
Use of and membership in the Site is void where prohibited. The Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Site by anyone under eighteen (18) years old is unauthorized, unlicensed and in violation of these Terms. By using the Site, you represent and warrant that you are eighteen (18) years of age or older.

3. UPDATES AND CHANGES TO TERMS
Bradley may update these Terms at any time and from time-to-time and may amend them at any time and from time-to-time to incorporate additional rules, policies, procedures and other instructions concerning access to and use of the Site or additional features, materials, products, opportunities and services that Bradley may make available on or through the Site. All such updates and amendments are effective immediately upon notice thereof, which Bradley may give by any means, including by posting a revised version of these Terms or other notice on the Site or by sending you a copy of the revised Terms by email.

You should view these Terms often to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by these Terms. Bradley expressly reserves the right to make any changes to these Terms, or to the Site and its Content (as that term is defined below), at any time, without prior notice to you.

4. MONITORING
Please be advised that Bradley may monitor your use of and access to the Site to ensure compliance with these Terms and any other applicable rules, policies, deadlines and instructions. By using the Site, you expressly consent to such monitoring.

5. REGISTRATION; ACCOUNTS
To access and use certain features, functions and services in the Site, you must have an account (a “Site Account Profile”). You may register for a Site Account Profile on the Site. You may only register for one Site Account Profile. In consideration of your access to, and use of, the features, functions and services in the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your user identification and password (collectively, your “Login Information”); (c) maintain and promptly update the Registration Data, and any other information you provide to Bradley; (d) promptly advise Bradley whenever there is a change to your contact information or any other information in your Site Account Profile; (e) receive communications from Bradley electronically; and (f) be fully responsible for all use of your account and for any actions that take place using your account and your Login Information.

You represent and agree that all information that you provide to Bradley in connection with your access to and use of the Site is, and shall be, true, accurate and complete to the best of your knowledge, ability and belief. Bradley reserves the right to terminate these Terms, or to refuse, restrict, or discontinue your access to the Site (or any portions, components, modules, or features of the Site) for any reason, or for no reason whatsoever, at any time, without notice or liability.

Failure to comply with these Terms may, among other things, result in Bradley (a) terminating your access to the Site, or one or more features, functionalities, or services of the Site, (b) blocking your IP address and restricting your access to the Site, or otherwise blocking your ability to make gifts through the Site, (c) deleting any of (or all of) your Submissions to the Site, or (d) removing any Content or Submissions.

6. ADDITIONAL TERMS
The Site may permit you to create and/or access a giving account (“Giving Account”) through which you can make gifts to certain charitable organizations. Your creation and use of your Giving Accounts is subject to additional terms and conditions, including the Bradley Impact Fund Gift Agreement, which are incorporated into these Terms by reference. In the event of a conflict between these Terms and the Bradley Impact Fund Gift Agreement, the Bradley Impact Fund Gift Agreement shall control.

7. SECURITY
Bradley takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, Bradley cannot and does not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any Login Information that is created or assigned to you for your use in accessing and using the Site, and you are fully responsible for all access and any activity that occurs through use of your Login Information, including any liability for the use, misuse, or unauthorized use of your Login Information. Bradley reserves the right to maintain and review logs containing inquiry details and other activities performed by you in connection with your use of the Site.

You agree to keep your Login Information and other account details confidential, and you further agree not to share them with anyone else. You shall make every effort to ensure the privacy of data accessible through the Site by viewing and storing data only under secure conditions. For example, you should sign off or shut down your computer before leaving it unattended or when leaving at the end of the work day. Unauthorized individuals attempting to access restricted areas of the Site may be subject to prosecution and/or litigation.

Because disclosure of your Login Information to other persons may compromise the security of confidential or proprietary data available in and provided via the Site, you must immediately notify Bradley if you learn of or suspect any loss, theft, or unauthorized use of your Login Information, or any breach of Site security or of these Terms, of which you become aware. Bradley cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your Login Information.

Your Login Information will be your identity for your access to and all of your activity on the Site. Your use of your Login Information shall have the same force and effect as a handwritten signature. It shall bind you for all purposes and shall be deemed admissible as between the Parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. You agree not to contest the validity or enforceability of electronic transactions confirmed with Login Information.

8. USER CONDUCT
In connection with your access to the Site, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, you agree that by or while accessing or using the Site you will not:

  • violate these Terms;
  • use the Site for any purpose that is unlawful;
  • use your account or access to the Site for any purpose competitive to Bradley;
  • restrict or inhibit any other user from using or enjoying the Site;
  • represent yourself as another or as a fictitious individual;
  • disrupt or interfere with the Site or its operation or availability, or alter or tamper with Content on 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, including any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law;
  • post or transmit any information which is invasive of privacy or publicity rights or that violates or infringes in any way upon the rights of others;
  • post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication, or engage in spamming, flooding, or any denial of service attack;
  • post or transmit any data or information out of the country in which you reside in violation of applicable law;
  • take any action that imposes or may impose, in Bradley’s sole and exclusive discretion, an unreasonable or disproportionately large burden on Bradley’s systems;
  • bypass any measures Bradley may use to present or restrict access to the Site, or otherwise attempt (by any means) to gain access to data or information that you are not entitled to access;
  • create unwanted email (spam) to any other user;
  • post or transmit any data or software that cannot be exported without prior written government authorization, including certain encryption software;
  • copy, modify, create derivatives of, decompile, or reverse engineer the Site or take any action to interfere with Bradley’s proprietary and intellectual property rights in the Site; and
  • post or transmit any information or software which contains a virus, Trojan horse, worm, or other disabling device or harmful component.

The above assurances and commitments by you shall survive termination of these Terms. Your failure to comply with these Terms may result in (a) suspension or termination of your access to the Site (or a portion thereof), and (b) criminal or civil liability. 

9. CONTENT
Proprietary Content. Bradley respects the intellectual property rights of others and expects you to do the same. Bradley has expended substantial time, effort and funds to create the Site and to collect and provide the data, functionality, materials and services that are available on or through the Site. You understand and agree that Bradley owns, or (where required, appropriate, or applicable) has been licensed by third parties the right to use, all right, title and interest in and to the Site and the data, functionality, materials and services made available on or through the Site, and all information, output, text (other than your Submissions), data, databases, graphics, images, sound recordings, audio and visual clips, logos, software and other materials contained therein, and the compilation, collection, design, selection and arrangement thereof (collectively, the “Content”). You acknowledge that the Site and the Content constitutes valuable proprietary information of Bradley that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and database rights, and all such rights are and shall remain the property of Bradley or its licensors and content-providers. Bradley grants you a limited, nonexclusive, personal license to access and make personal use of the Site and the Content solely for your legitimate, personal use, subject to the provisions and restrictions of these Terms (and any other applicable terms, such as the Bradley Impact Fund Gift Agreement). Any other access to or use of the Site or the Content constitutes a violation of these Terms. Except as expressly provided for in these Terms, any disclosure, copying, alteration, modification, reproduction, redistribution, retransmission, redisplay, reverse engineering, improvement, creation of derivative works, or any other use of any portion of the Site or of the Content, or any output generated from the use of the Site, in any other manner or for any other purpose constitutes an infringement of Bradley’s intellectual property and other proprietary rights, and is strictly prohibited.

Use of Submissions. By submitting any information or material to the Site or to Bradley (each, a “Submission”), whether through access to and use of the Site or through any other means, you thereby expressly grant, or warrant that the owner of such material has expressly granted, Bradley a royalty-free, fully-paid, perpetual, irrevocable, nonexclusive right and license to use, make and have made, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or hereafter developed, as available on the Site. Bradley does not screen or edit materials submitted by users of the Site, and you are solely responsible for the accuracy, completeness and truthfulness of any information and materials that you submit or provide to us and for ensuring that you have the necessary rights to submit such information and materials for use by us.

Feedback. Notwithstanding anything to the contrary in Section 9.2 (Use of Submissions) above, if you provide any suggestions, ideas, inventions, innovations, improvement, or enhancement requests, feedback, recommendations, or other information to Bradley regarding the Site or any of the services provided by Bradley, in whatever form, whether or not patentable or copyrightable or made or conceived solely or jointly with others (collectively, “Feedback”), your Feedback shall become the property of Bradley, and you hereby transfer and assign all right, title and interest in the Feedback exclusively to Bradley and any and all related patent, copyrights, trademarks, trade names and other intellectual property rights and applications therefor, in the United States and elsewhere. You agree that the obligations and undertakings stated in this Section shall continue beyond the termination of these Terms.

Links To Third Party Content. The Site may contain links to other third party websites or databases that are controlled by parties other than Bradley. Bradley does not operate, or control in any respect, any information, products, or services on such third party websites. You acknowledge and agree that such links are provided for your convenience only and that Bradley is not responsible for and does not necessarily endorse the information or data provided by any linked third party website or the linked site itself. Your access and use of any linked third party website is solely at your own risk. Bradley is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such websites. Restrictions. No business or professional relationship is created in connection with any provision of the Site or the Content. The Site and the Content is provided exclusively with the understanding that Bradley is not thereby engaged in rendering professional advice or services to you. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within the Site or any of the Content. Except as expressly authorized by Bradley in writing, in no event shall you publish, disclose, reproduce, redistribute, duplicate, copy, sell, resell, or exploit all or any portion of the Site or the Content. You are not permitted to use any Bradley trademarks or service marks. The Site and the Content may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes, without the express prior written permission of Bradley. Linking or citing to the Site is not permitted without the express prior written permission of Bradley. All rights not expressly granted in these Terms are reserved to Bradley. No other rights or licenses whether express or implied, are conveyed or intended by the Terms.

10. INFRINGEMENT NOTICES
As provided in the Digital Millennium Copyright Act (DMCA), Bradley has designated the following individual for notification of potential copyright infringement regarding the Site:

Richard McKenna
Foley & Lardner LLP
777 East Wisconsin Avenue
Milwaukee, WI 53202-5367
Email: rmckenna@foley.com
Phone: (414) 297-5723
Fax: (414) 297-4900

If you believe any Submission or Content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):

  1. A physical or electronic signature of the copyright owner or authorized agent;
  2. Identification of the copyrighted work(s) claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information regarding how Bradley may contact you (e.g., mailing address, telephone number, e-mail address);
  5. A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Repeat Infringer Policy. In accordance with the DMCA and other applicable law, Bradley has adopted a policy of terminating, in appropriate circumstances and at Bradley’s sole discretion, users who are deemed to be repeat infringers. Bradley may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

11. TERMINATION
Bradley may terminate these Terms, terminate or suspend your Site Account Profile, or prohibit you from using or accessing the Site (or any portion, aspect, or feature of the Site) for any violation of these Terms, with or without notice.

12. DISCLAIMER
THE Site, ALL CONTENT AND ALL SERVICES ARE PROVIDED TO YOU IN THEIR THEN-EXISTING CONDITION, “AS IS,” “WHERE IS,” “AS AVAILABLE,” WITH ALL FAULTS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND. BRADLEY AND ITS VENDORS AND LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS AND TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE, AS TO ANY MATTER, INCLUDING PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. BRADLEY DOES NOT REPRESENT OR WARRANT (A) THAT THE Site WILL BE SECURE, UNINTERRUPTED, OR ERROR FREE, OR MEET YOUR EXPECTATIONS OR REQUIREMENTS, (B) THAT ANY DATA PROVIDED BY THE SITE WILL BE ACCURATE OR COMPLETE, OR (C) THAT ANY ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BRADLEY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY OTHER WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF BRADLEY’S OBLIGATIONS HEREUNDER.

13. LIMITATION OF LIABILITY
IN NO EVENT SHALL BRADLEY (OR ANY OTHER PERSONS OR ENTITIES RELATED TO BRADLEY) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, COMPUTER FAILURE OR MALFUNCTION CONNECTED WITH OR ARISING FROM OR OUT OF THE USE OR INABILITY TO USE THE SITE OR THE CONTENT AND/OR LINKS TO THIRD PARTY WEBSITES AND/OR THIRD PARTY CONTENT, OR FOR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF BRADLEY (OR ANY OTHER PERSONS OR ENTITIES RELATED BRADLEY) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. INDEMNIFICATION
You agree to indemnify, defend and hold Bradley and its officers, directors, employees and agents and affiliates, harmless from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), brought by any third party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the Site or Bradley, your access to and use of the Content, the Site and other materials, or other products and services available on or through the Site and Bradley, your violation of these Terms, or your violation of any rights of another. Bradley reserves, and you grant to Bradley, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.

15. AVAILABILITY SUBJECT TO INTERRUPTION, DELAY OR FORCE MAJEURE
Your access to the Site may be interrupted at times for maintenance, system outages, scheduled maintenance and other circumstances beyond Bradley’s reasonable control (e.g., viruses). In addition, the availability of the Site is subject to interruption and delay beyond Bradley’s control. Bradley shall not be liable to you for any such interruption or delay.

Not all of the products, modules, access levels, features, tools, or services described in the Site are available for all users. You may not be eligible or authorized to access all the products, modules, features, tools, or services. Bradley reserves the right to determine who may access any product, program, tool, feature, module, or service. Bradley further reserves the right to remove or make alterations to the Site, or other products and services offered through the Site from time-to-time.

16. MISCELLANEOUS
Governing Law; Jurisdiction. These Terms shall be made, governed, construed and enforced in accordance with the laws of the State of Wisconsin without reference to conflicts of law principles except that the laws of the jurisdiction in which an intellectual property right exists shall govern the nature and scope of such intellectual property and Bradley’s rights to such intellectual property. However, if any version of the Uniform Computer Information Transactions Act (UCITA) is or becomes a part of the law of the State of Wisconsin, said statute shall not govern any aspect of these Terms, and instead the law as it existed prior to the enactment of that statute will govern. Each of you and Bradley agrees that any dispute or proceeding under these Terms shall be subject to the exclusive jurisdiction of the state courts located in the Milwaukee, Wisconsin or the U.S. District Court for the Eastern District of Wisconsin to the extent such federal court has independent subject matter jurisdiction without reference to this provision, and the respective court of appeals, and each of you and Bradley hereby irrevocably consents to the exclusive personal jurisdiction of these courts, provided that notwithstanding the foregoing, Bradley may seek equitable or injunctive relief, including preliminary or provisional injunctive relief (such as a temporary restraining order or preliminary injunction), and specific performance to enforce the provisions of these Terms or to protect the status quo between the Parties in any competent court having jurisdiction of the other Party.

Severability. In the event that one or more of the provisions herein shall be invalid, illegal, or unenforceable in any respect, each such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. Notwithstanding the foregoing, the unenforceability or invalidity of any provision shall not affect any other provision of these Terms, and these Terms shall continue in full force and effect, and be construed and enforced as if such provision had not been included, or had been modified as above provided, as the case may be.

No Waiver. Bradley’s failure or delay to enforce any provision of these Terms or respond to any breach by you or others shall not operate or be construed as a waiver or prevent Bradley from taking any permitted action to prevent further breaches.

Survival. The following provisions shall survive termination or expiration of these Terms: 1 (Privacy Policy), 9 (Content), 12 (Disclaimer), 13 (Limitation of Liability), 14 (Indemnification), and 16 (Miscellaneous), as well as those sections that by their nature are intended to be applicable following the expiration or termination of this Agreement.

Entire Agreement. These Terms constitute the entire understanding of Bradley and you with respect to the subject matter hereof, and supersedes all prior and contemporaneous written and oral agreements with respect to the subject matter.

Assignment. You shall not be entitled to and shall not assign or delegate or otherwise transfer any rights or obligations under these Terms to any other person, in whole or in part, except with the prior express written consent of Bradley which Bradley may withhold in its sole discretion. Any purported assignment, delegation, transfer, or novation in violation of the terms of this Section 16.6 (Assignment) shall be null and void and shall be of no force and effect. Bradley may assign, delegate, or otherwise transfer and an all rights or obligations under these Terms, including to (a) any affiliate or (b) any entity in connection with the sale, combination, or transfer of all or substantially all of the assets related to the Site or of control over Bradley or from any other corporate form of reorganization by or of Bradley. Neither these Terms nor any rights hereunder shall inure to the benefit of any trustee in bankruptcy or receivers of you, whether by operation of law or otherwise. Any permitted successors and assigns of you or Bradley a shall be bound by the provisions and obligations of these Terms applicable to the assignor hereunder. No provision of these Terms shall create any rights or benefits in favor of third parties.

Construction. The section headings in these Terms are for convenience of reference only, will not be deemed to be a part of the Terms and will not be referred to in connection with the construction or interpretation of the Terms. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party will not be applied in the construction or interpretation of the Terms. As used in the Terms, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed in each instance to be followed by the words “without limitation.”

Waiver of Trial by Jury. YOU AND Bradley HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS ANY OF THEM MAY HAVE, NOW OR IN THE FUTURE, TO HAVE ANY CONTROVERSY BETWEEN THEM OR CLAIM AGAINST ANY OF THEM OR ANY OTHER AFFILIATE OF Bradley, ARISING OUT OF OR RELATING TO THESE TERMS OR ANY TRANSACTION OR CONTRACT CONTEMPLATED BY THESE TERMS OR RELATED HERETO, INCLUDING ANY CLAIM BASED ON OR ARISING FROM AN ALLEGED TORT OR STATUTORY VIOLATION, BE HEARD OR DECIDED BY A JURY IN A TRIAL OR OTHER PROCEEDING.