WELCOME TO THE CIVIL RIGHTS MEMORIAL SITE

1. This is a Binding Agreement.  Please Read the Entire Terms of Use Carefully Before Using this Website. 

The following are the terms of use (“Terms of Use”) for the professional website owned and operated by Capitol Square Civil Rights Memorial Foundation (“CRMF”).  These Terms of Use constitute a binding legal contract between CRMF (“we,” “us,” or “our”) and you (“you” or “your”) that governs your use of this website, including, without limitation (i) the service provided by CRMF to users to tender a charitable donation on-line on the website (“Services”); (ii) all content in any medium or format which was created by CRMF or commissioned by CRMF and placed on the Website by or at the direction of CRMF, including but not limited to: text, graphics, images, artwork, photographs, drawings, logos, slogans, service marks, interviews, stories, testimonials, articles and other materials on a variety of subjects, including but not limited to a sculpture commissioned by the CRMF on the subject of the Civil Rights Movement in the United States, the process of creating such sculpture, and related subjects, source code and object code for the Website, information owned by CRMF or its licensors (the “Content”); and (iii) each submission by a user of the website (“User”), which may include but is not limited to information, data, and other content and the like (the “Submission” or “Submissions”).  The Services and Content are made available to you through the CRMF professional website by us and/or third parties (this website and the Content and Services are referred to collectively herein as the “Website”). 

BY USING THIS WEBSITE IN ANY MANNER WHATSOEVER, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THIS WEBSITE IN ANY MANNER WHATSOEVER. 

2. Use. 

This is an informational website, and, as such, there are no User IDs or passwords. Users of the Website hereby agree to accept and are subject to these Terms of Use.  This is not a contract of employment. 

3. Interactive Area/Charitable Donations On-line 

You are permitted to access the Website for informational purposes and to make a charitable donation on-line to the CRMF for the purpose of enabling CRMF to raise funds for the commissioned sculpture ("Interactive Area"). If you participate in or use any Interactive Area you are responsible for your own communications and the consequences of posting or submitting your communications. If you choose to post material using such Interactive Area, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the information, creations, data or material you may submit to, post on or using these Interactive Area. We make no representation that your use of the Interactive Area will comply with applicable laws or that they were designed to comply with the applicable laws. You are responsible for ensuring that your use of the Website, particularly the Interactive Area, complies with laws applicable to you. You also expressly agree that you will not submit or post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without our express permission; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to making a charitable donation or accessing the Website for informational purposes.  You further expressly agree that you will not: (a) after receiving warning, continue to post or submit material which we have advised you not to post or submit; (b) create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called "spam" or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the Website, or used for purposes of delivering the Content or the Services (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means; or (g) interfere with another user’s use and enjoyment of the Website.  

We do not and are not responsible for screening or monitoring material submitted or posted by you or any other person or entity in Interactive Area. If notified, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. We reserve the right to edit or delete any material posted on our Website, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.  

We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Area. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN THE INTERACTIVE AREA AND YOUR USE OF SUCH AREA IS AT YOUR OWN RISK.  

You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to the Interactive Area by all means and in any media now known or hereafter developed for any use or purpose.  

4. Availability of Website. 

Our Website contains information about and our Services include offerings of CRMF, as well as related information and services and may provide a link to the homepages of websites of certain associations, local services and related groups. The availability of our Website is on an AS IS basis.  No representation or warranty is provided by CRMF to any User regarding the availability of the Website.  You acknowledge that we may immediately terminate your access to Services and/or the Website without further notice upon your violation of any of the terms and conditions of these Terms of Use, or the Privacy Statement.  

5. Data Disclaimer. 

WE DO NOT ASSUME ANY RESPONSIBILITY FOR, ENDORSE, WARRANT, GUARANTEE OR VERIFY THE ACCURACY OR RELIABILITY OF ANY DATA RECEIVED BY CRMF AND DISCLOSED ON OR SENT VIA THE WEBSITE. Your reliance upon any Data obtained by you through the Website is solely at your own risk.  

6. Compliance with Laws; Other Obligations.  

You are responsible for ensuring that your use of the Website, particularly the Services, complies with all laws directly or indirectly applicable to you, including without limitation, federal or state anti-kickback laws or regulations or federal or state laws.  WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE WEBSITE OR SERVICES IN WAYS THAT DO NOT COMPLY WITH ANY LAW.  

7. Maintenance of Records. 

We are not responsible to store or back-up Data or other information as otherwise required by law for systems of record.  

8.  This Website does not Provide Advice.  

The Content is offered for informational and educational purposes only, and is not intended to be a substitute for professional advice.  

We do not endorse any specific opinions, or other information that may be mentioned or described in this Website. If you rely on any Content obtained by you on or through this Website, you do so solely at your own risk. You are solely responsible for compliance with the laws and regulations applicable to your place or country of residence.  

9. Please review our Privacy Statement.  It is a Part of our Terms of Use.  (Coming soon.) 

Our Privacy Statement can be found under the “Donate” tab on our homepage at http://www.vacivilrightsmemorial.org.  The Privacy Statement is incorporated herein by this reference and made an integral part of these Terms of Use.   

10. This Website is not Intended for Children.  

This Website is not intended to be used by children.  The Website itself is intended to be used by adults.  If you are under 18 years of age, you may use this Website only with the involvement of a parent or guardian.  As set forth in the Privacy Statement, we do not collect personally identifiable information from any person we actually know is a child under the age of 13.  

11. Liability of CRMF and its Licensors.  

When using this Website, you will access information over a medium that is beyond our control and that of our licensors. As a result, we do not assume any liability for, or relating to, the delay, failure, interruption, or corruption of any data other information transmitted in connection with your use of the Website.  

This Website, its Content, the Services and access are provided on an "AS IS” basis. CRMFAND ITS LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES' RIGHTS, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.  Specifically, CRMF and its licensors make no representations or warranties regarding the (i) accuracy, completeness, currentness or timeliness of the Content, (ii) links provided on or through the use of this Website or by CRMF, or (iii) the quality and security of Service, or inability to access the Services, Content or Website, including whether the Service will be free of viruses, unauthorized code or other harmful components. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF CRMF, ITS SUPPLIERS, AND ITS LICENSORS. ACCORDINGLY, CRMF ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE. 

12. Limitation of Damages.  

YOU AGREE THAT CRMF SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING THE CONTENT OR ANY OTHER INFORMATION OBTAINED THROUGH USE OF THIS WEBSITE.  IN NO EVENT WILL CRMF BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, THE CONTENT, THE WEBSITE OR ANY OTHER INFORMATION OBTAINED THROUGH THE WEBSITE, EVEN IF CRMF, ITS LICENSORS, AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, DAMAGE CLAIMS OR AWARDS, PERSONAL INJURY, LOSS OF INCOME, BUSINESS INTERRUPTION, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, AND/OR OR SERVICE INTERRUPTIONS.  CRMF SHALL HAVE NO cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to THE WEBSITE, THE CONTENT, OR THESE TERMS OF USE.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS BASED UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  IN NO EVENT SHALL CRMF BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THIS WEBSITE OR THE CONTENT.  Any claims made by you in connection with your use of this Website, the Content, or Services must be brought within one (1) year of the date on which the event giving rise to such action occurred. All remedies set forth in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.  

13. Ownership and Use of Content.  

All Website design, text, graphics and the selection and arrangement thereof are copyrights of CRMF; © 2007 Capitol Square Civil Rights Memorial Foundation; All Rights Reserved.  

This Website, including but not limited to the Content, is protected by the copyright laws of the United States and foreign countries. Title to the Content is owned by CRMF or its licensors, and all use thereof inures to the benefit of CRMF or its licensors. You may download and print a single copy of the Content solely for personal use and not for any commercial purpose or use, provided that such Content must not be altered in any way and must contain all copyright and proprietary rights notices that accompany such Content. The Content is subject to change or deletion without notice and in CRMF's sole editorial discretion. All rights not expressly granted herein are reserved to CRMF and its licensors. You agree that you will not upload or transmit any Content of any type that infringes or violates the rights of anyone. The CRMF Website and any portion thereof may never be used by anyone to create or re-create a similar or competing service or similar or infringing creative works.  Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT, TRADEMARK, AND OTHER LAWS AND TREATIES.  

All authorized use is further subject to your agreement not to obliterate, change, or remove the proprietary notices that are contained in the Content, such as the copyright notice: "Copyright 2007 Capitol Square Civil Rights Memorial Foundation All Rights Reserved."  

If you violate these or any other Terms of Use, your permission to use or continue using our Website and its Content and Services terminates automatically and you must immediately destroy any copies you have made of all or any portion of the Content.  

14. Service Marks.  

CRMF marks and logos and the Website images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of CRMF and may not be used by others without prior written permission of CRMF.   All use thereof inures to the benefit of CRMF.  All other trademarks, product names and company names or logos cited in this Website are the property of their respective owners.   

15. Advertisements and Links to Other Websites.  

Any link (including a hyperlink, button or referral device of any kind) used on this Website is provided for your use and convenience. The appearance of a link on this Website does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship with us. We do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party websites or third-party advertisements, and do not make any representations regarding their content or accuracy. We do not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. We do not endorse any product that may be advertised on our Website.  

16. Links to Our Website; Advertising.    

Links into our Website must be by prior written approval of CRMF.  No other links into our Website are permitted. 

Unless they have prior written permission from us to do so, third-parties (i) are not permitted to advertise in any way that suggests that we have any relationship or affiliation with a third-party website or that we endorse, sponsor or recommend the information, products or services on such website, (ii) cannot use any of our names, logos, designs, slogans, product trademarks or service marks in any advertising, publicity, promotion, or in any other commercial matter, and (iii) cannot use any of our names, logos, designs, slogans, product trademarks or service marks, or any other words or codes identifying our Website, in any "metatag" or other information used by search engines or other information location tools to identify and select websites.  

17.  Indemnity. 

You agree to indemnify and hold CRMF our officers, directors, employees, members, agents, licensors, shareholders and suppliers harmless from any and against all claims, actions or demands, liabilities and settlements, including without limitation our reasonable legal and accounting fees, resulting from, or alleged to result from: (i) your breach of these Terms of Use or the Privacy Statement; (ii) your violation of any applicable law, regulation, rule or order, including those involving personal information pertaining to your use of the Website; (iii) your unauthorized or unlawful use of the Website. 

18. No Extraterritoriality.  

We are based in Richmond, Virginia, in the United States of America. We make no claims that the Content is appropriate for, or may be accessed or downloaded by, persons residing outside of the United States of America, or that any Submissions can be lawfully sent or received outside of the United States of America. Access to our Website, the Content and creation of certain Submissions may not be legal by certain persons in certain countries. If you access this Website from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.  

19. Jurisdiction and Other Issues.  

You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving CRMF or its affiliates, subsidiaries, licensors, employees, members, contractors, officers, directors, shareholders, telecommunication providers and content providers: (i) you will submit to the jurisdiction of the courts of the City of Richmond, Virginia, including, without limitation, the United States District Court for the Eastern District of Virginia, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.  

You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving CRMF or its affiliates, subsidiaries, licensors, employees, members, contractors, officers, directors, shareholders, telecommunication providers and content providers, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia in all matters, including, without limitation, its validity, construction, interpretation and performance, without regard to provisions regarding conflicts of law.  

If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. 

The headings of the various sections of this Agreement have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of this Agreement.  

20. Complete Agreement.  

Except as expressly provided in a particular "legal notice" on our Website, these Terms of Use, together with our Privacy Statement, constitute the entire agreement between you and us with respect to your use of our Website, Content and Services. Our Privacy Statement is incorporated herein by reference and made an integral part hereof.  

21. Survivability. 

The following provisions of the Terms of Use survive the expiration or termination of the Terms of Use for any reason whatsoever: Liability of CRMF and its Licensors, Indemnity, Jurisdiction and Other Issues, Complete Agreement and Survivability, This Website does not provide Legal Advice, Disclaimers, Data Disclaimer, Compliance with Laws; Other Obligations, Maintenance of Records, Limitation of Damages, Termination, and Miscellaneous. 

22 Termination. 

Your right to use the Website immediately terminates without further notice upon your breach of these Terms of Use.  

23. Miscellaneous. 

We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights under these Terms of Use without our permission shall be void. The waiver by us of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind. If any provision of these Terms of Use shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms of Use shall remain in full force and effect. There are no third party beneficiaries under this Agreement. 

We may revise these Terms of Use or this Website at any time in our sole discretion without notice. An amended form of these Terms of Use will be effective immediately upon its posting on this Website.  You are responsible for reviewing the most current form of these Terms of Use before using this Website to ensure that you agree to any revisions to these Terms of Use.  If at any time you do not agree to the revisions we make to these Terms of Use or this Website, you should immediately stop accessing or using this Website in any manner whatsoever. Your continued use of this Website means that you accept any and all revisions.  You agree that these standards for notice and acceptance of amendments to these Terms of Use and this Website are reasonable. 

Thank you for using our Website. We hope you find it helpful and convenient to use!  Questions or comments regarding this Website should be directed by electronic mail to info@vacivilrightsmemorial.org or via U.S. mail to Capitol Square Civil Rights Memorial Foundation, P.O. Box 9171, Richmond, VA 23227.

1609308