Last Updated: March 25, 2020
1 . Access to and Use of this Site and the Services
a. Your Representations
b. Limitations on Use
c. User Feedback and Suggestions
d. Updates and Outages
e. Special Provisions Applicable to Software
f. Links to Third-Party Websites
g. Reliance on Information Posted
2. Intellectual Property
3. Disclaimer of Warranties
4. Your Security
5. Limitation of Liability
6. Indemnification
7. Our Compliance with COPPA
8. Governing Law and Venue
9. Severability and Waiver
10. Relationship
11. Force Majeure
12. Changes to the Terms of Use
13. Notice
14. Entire Agreement
15. Contact Us
The Community Foundation of Middle Tennessee (“CFMT,” “we,” “us,” or “our”) oversees this website, www.tornadoresponse.com (“Site”) and related services (collectively, our “Services”). These Terms of Use (“Terms”) are applicable to you (“user(s),” “you,” or “your”) and govern your access to and use of CFMT Services, as well as any information, text, graphics, photos, or other material uploaded, downloaded or appearing on the Services. The Terms contained herein apply to all users of this Site and our Services.
Read these Terms carefully before you begin using this Site. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, ITS SERVICES, AND THE CONTENT AVAILABLE HEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS.
Access to the Services is intended only for users located within the United States. CFMT makes no representation or warranty of any kind that use of this Site outside of the United States is lawful or permissible. Those who access this Site from other jurisdictions are responsible for their compliance with local laws pertaining to the use of this Site. The Services are also not intended for use by minor children. By using the Services, you represent and warrant that you are eighteen (18) years of age or older
Note that these Terms may be updated from time to time, and any user’s continued use of this Site after we have made updates to the terms is considered acceptance of those updates. For clarity, all updates are effective immediately when posted. It is your responsibility to check these Terms periodically for updates.
1. Access to and Use of this Site and the Services
When you apply for funding or when you make a donation through our Site, you may be required to provide your name, telephone number(s), e-mail, and/or street address, credit card number, debit card number, charge card number, or other payment information, as well as and other personally identifiable information (“Personal Information”). By providing such information, you acknowledge and agree that we may, and you specifically authorize us or permitted third parties to, process all transactions related to this Site and its operation, including without limitation, donations and/or registration for support. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site.
a. Your Representations.
You agree, represent, warrant, and guarantee that all Personal Information provided by you, either through our Site or when communicating with a CFMT representative, is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering for our Services or making a donation. We also recommend that you do not store your password through your web browser or other software. We strongly recommend that you do not use the Services or access the Site on any public computer.
b. Limitations on Use.
The Site may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Site and its content. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site:
- in any manner transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
- in any manner transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);
- in any manner transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material;
- copy, reproduce, republish, upload, post, transmit, or distribute the Services, the Site, or any content thereof;
- share or sell information derived from or related to the Services, the Site, or any content thereof;
- modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute, or display, or create derivative works, compilations, or collective works based on the Services, the Site, or any content thereof;
- knowingly or negligently permit other individuals or entities to use or copy the Service or “frame” or “mirror” the Service on any other server or wireless or Internet-based device;
- circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any content;
- use the Services to collect or store Personal Information about other users;
- knowingly include or use any false or inaccurate information in any information form;
- in any way transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site, or interfere with the access of any other user to the Site;
- attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Site;
- attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site;
- transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
- attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Site;
- use the Site in any way that competes with us; or
- encourage, collaborate with, or instruct any other person or entity to do any of the foregoing.
ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICES OR SITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
We reserve the right, in our sole discretion, to audit or otherwise monitor any communication transmitted using the Site. We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment. NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR — USE OF THIS SITE OR TO RETAIN THE CONTENT ON THIS SITE UNLESS OTHERWISE AGREED OR REQUIRED BY LAW.
c. User Feedback and Suggestions.
All feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to CFMT or otherwise disclosed, submitted, or offered concerning the Site in connection with your use of the Site (collectively, “Feedback”) will be CFMT’s property. Such disclosure, submission, or offer of any Feedback will constitute an assignment to CFMT of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Feedback. CFMT will be under no obligation to (i) maintain any Feedback in confidence; (ii) pay any compensation for any Feedback; or (iii) respond to any Feedback.
d. Updates and Outages.
It may be necessary for CFMT to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Services or result in a partial or complete outage of the Service. CFMT provides no assurance that you will receive advance notification of such activities or that the Services will be uninterrupted or error-free. Any degradation or interruption of the Service will not give rise to a refund or credit of any fees paid by you.
e. Special Provisions Applicable to Software.
If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software. You agree that you will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
f. Links to Third-Party Websites.
This Site may contain links to other websites on the Internet, which are not maintained by us. When you leave this Site, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. Other websites are not under our control, and you acknowledge that we shall not be responsible or liable for any of the text, images, videos, or any other content or information from a third-party website. You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website.
g. Reliance on Information Posted.
We reserve the right to modify the Site in our sole discretion without notice. We will not be liable if, for any reason, any part of the Site or the entire Site is unavailable for any period of time. Periodically, we may restrict access to portions of the Site or the entire Site. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for decisions based on information contained within this Site. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place, or decisions you make, on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on these Site materials by you or any other user of the Site, or by anyone who may be informed of any of its contents.
2. Intellectual Property
The Site, including all text, images, designs, graphics, content, source code, object code, data, features, and functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials. For purposes of clarity, CFMT owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within our Site database(s) as part of the Site. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of the Site content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Site without our prior, express, and written permission.
You do not and will not acquire any intellectual property rights in the Site, including but not limited to the underlying Services and the content published herein, by your use of the Site. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Site and to download and print any content provided by us, solely for your personal and non-commercial purposes. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited license expressly granted in the preceding sentence.
3. Disclaimer of Warranties
THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
CFMT, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SITE OR INFORMATION FOUND ON THIS SITE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS-FREE. TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT US TO DISCLAIM WARRANTIES IN THESE WAYS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
4. Your Security
You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site to reconstruct any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any third-party website linked to it.
Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.
5. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE CFMT, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR — USE OF THIS SITE AND THE SERVICES.
You acknowledge that you are responsible for any actions you take while on this Site. You recognize that your use of the Site and any subsequent actions arising from your use of the Site are taken solely at your own risk.
IN NO EVENT WILL CFMT, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY OR UNDER ANY EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR — USE OR INABILITY TO — USE THE SITE AND THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, CLINICAL OUTCOMES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF — USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CA– USED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO CA– USE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.
6. Indemnification
You will indemnify, defend, and hold harmless CFMT, our licensors and affiliates, and our and their respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:
- your access to or use of the Services, including but not limited to the Site and its content;
- your violation of any of the provisions of these Terms;
- any activity related to your accessing the Services, including, without limitation, negligent or wrongful conduct; or
- your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
For purposes of clarity, these indemnification obligations apply to your use of the Site, along with your use of the Site’s content and Services, other than as expressly authorized in this Terms, and your use of any information obtained from the Site or any information you provide to the Site.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
7. Our Compliance with COPPA
THIS SITE IS NOT INTENDED FOR — USERS WHO ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE. You can learn more about our compliance with the Children’s Online Privacy Protection Act (“COPPA”) by reviewing our Privacy Policy here.
8. Governing Law and Venue
These Terms shall be construed, governed, and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to this Terms of Use, shall be in a federal or state court of competent jurisdiction located in Nashville, Davidson County, Tennessee. Each party to these terms waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.
9. Severability and Waiver
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision.
10. Relationship
No joint venture, partnership, employment, or agency relationship exists between you and CFMT as a result of the Terms or use of the Services. The failure of CFMT to enforce any right or provision in the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by CFMT in writing.
11. Force Majeure
No party to these Terms will be liable to the other party for any failure to perform any of its obligations, except payment obligations, under the Terms during any period in which such performance is delayed by circumstances beyond its reasonable control, including, but not limited to, disease, outbreak, pandemic, and/or related government recommendations and/or orders, fire, flood, war, embargo, strike, riot, unavailability of the Internet, or the intervention of any governmental authority.
12. Changes to the Terms of Use
We will make changes to these Terms from time to time. The date that these Terms were last revised is identified at the top of the page. You are responsible for ensuring that you periodically visit our Site and these Terms to check for any changes.
13. Notice
CFMT may give notice by means of a general notice via the Service, electronic mail to your e-mail address on record in CFMT’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in CFMT’s account information. Such notice will be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to CFMT (such notice will be deemed given when received by CFMT) at any time by any of the following: e-mail delivered to givingback@cfmt.org; or by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to 3833 Cleghorn Avenue, Nashville, Tennessee 37215.
14. Entire Agreement
These Terms, together with the Privacy Policy, comprise the entire agreement between you and CFMT and supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and CFMT regarding such subject matter.
BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF — USE, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS.
15. Contact Us
To ask questions or comment about these Terms, you may contact us at:
E-mail Address: givingback@cfmt.org
Mailing Address: Attention: Website Inquiry
The Community Foundation of Middle Tennessee
3833 Cleghorn Avenue, Suite 400
Nashville, TN 37215