Welcome to the Arc of the United States’ (“The Arc,” “we,” “us”) Terms, Conditions & Disclaimers of Use (“Terms”). These Terms govern your access to and use of the websites and online services that we operate and that link to these Terms (the “Services”). Please read these Terms carefully before using the Services.
Using the Services indicates that you accept and agree to be bound by these Terms. Do not use the Services if you do not accept these Terms. We may change or modify the Services or these Terms at any time. Such changes, revisions, or modifications shall be effective immediately upon being posted in relation to the Services. Any use of the Services by you after we post changes to the Terms constitutes your acceptance of those changes.
- Intellectual Property
- User Submissions
Certain areas of the Services enable you to submit emails, or otherwise provide content, feedback or information to The Arc. You remain fully responsible for the materials that you provide to us, including without limitation information, stories, requests, creative works, pictures, photographs, letters, documents, demos, ideas, suggestions, reviews, concepts, methods, systems, designs, plans, techniques or other materials submitted, posted, uploaded, sent or otherwise transmitted to us (“User Content”). You agree not to provide User Content that:
Infringes on the copyright, trademark, patent or other intellectual property right of any third party;
Is false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually-explicit;
Violates a third party’s right to privacy or publicity;
Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability, or other classification;
Contains epithets or other language or material intended to intimidate or to incite violence; or
Violates any applicable local, state, national, or international law, or advocates illegal activity.
If the Services permit you to post or publish User Content, you may only post User Content that is original and that you have the right to post. By submitting User Content, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable license to publish, reproduce, distribute, display, perform, edit, adapt, modify, translate, create derivative works, make, sell, export, and otherwise use your User Content (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content.
The Arc is not responsible for any User Content and has no duty to monitor the User Content posted on the Services. You use any information contained in User Content at your own risk. The Arc and its designees have the right, in their sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to your User Content or the Services (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason.
- Payments to The Arc
All payments to The Arc–including donations and purchases of merchandise–shall be made by credit card or by mailing a check to our office made payable to The Arc for Civil Rights Under Law. All payments are subject to the approval of the financial institution issuing the check or credit card. Payments are not binding on The Arc until such approval is received. The Arc shall not be liable in any way if any financial institution refuses to accept or honor your check or credit card for any reason.Each time you make a payment you agree that The Arc is authorized to charge your designated account for the applicable amount.Information relating to your financial transactions will not be maintained on The Arc servers. Financial transactions related to your purchases from The Arc are handled by VeriSign Inc./PayPal (http://www.verisign.com/), Gravity (https://gravitypayments.com) and Blackbaud (https://www.blackbaud.com/). Please visit those organizations’ websites to learn more about their terms and conditions and privacy policies.
- Prohibited Conduct
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services;
Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to ARC’s or its users’ computers or systems; or
Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
- Eligibility & Registration
You may be asked to register for certain activities in connection with the Services by creating a user profile. This registration may allow you to access certain content on the Services. When you register, you agree to provide accurate, current and complete information about yourself as requested or directed on the Services and to promptly update this information to maintain its accuracy. The Arc has the right to suspend or terminate any account or other registration and to refuse any and all current or future use of the Services if it suspects that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username that you are given or select in connection with the Services, and you are responsible for all activities that occur under your password or account.
- Notice of Infringement
We respect intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
Your name, address, telephone number, and email address, so that we may contact you if necessary;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Arc designated agent for notice of claims of copyright is: firstname.lastname@example.org
- Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES, ALL OF WHICH ARE PROVIDED “AS IS.” THE SITE IS PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE ARC DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SITE WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
- Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE ARC, its affiliates, or any party involved in creating, producing, or delivering the SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING direct, incidental, consequential, indirect, special, or punitive damages AND LOST PROFITS arising out of your access, use, misuse, or inability to use the services, WEBSITE content, USER CONTENT, or any Sites LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE ARC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. THE ARC makes no representation that the Services are appropriate or available for use outside of the United States. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, THE ARC’S liability in such jurisdictions shall be limited to the extent permitted by law. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES.
You agree to defend, indemnify and hold harmless The Arc and its affiliates, subsidiaries, parent companies, successors, officers, directors, employees, contractors, services providers, and agents from and against any and all demands, claims, damages, liabilities, judgments, losses, costs, expenses and harms, including reasonable attorneys’ fees, arising in connection with your use of the Services (including, without limitation, your User Content), online conduct, any violation of these Terms, or dealings or transactions with other persons resulting from use of the Services.
- Separate Terms and Conditions
In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.
- Integration & Severability
These Terms constitute the entire agreement between The Arc and you, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
- No Waiver
Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
- Location & Governing Law
These Terms are governed by, and must be construed in accordance with, the laws of the United States and the District of Columbia, as applicable, without giving effect to their principles of conflicts of law. By using the Services, you waive any claims that may arise under the laws of other countries or territories.