Acceptance Of Terms
These Terms and Conditions of Use (“Terms”)govern your access to and use of the website located atwww.sunfamilyfoundation.org (the “Website”), which is operated by the SunFamily Foundation, a Delaware nonprofit organization (the “Foundation,” “we,”“us,” or “our”). By accessing or using the Website, you (“you” or “User”) agreeto be bound by these Terms. If you do not agree with these Terms, you mustdiscontinue use of the Website immediately.
Changes to Terms
The Foundation reserves the right to modifythese Terms at any time by posting the revised Terms on the Website with anupdated “Last Updated” date. Your continued use of the Website following theposting of any changes constitutes acceptance of those changes. No othermodification, amendment, or supplement to these Terms will be binding on theFoundation unless it is in writing and signed by an authorized representativeof the Foundation. We encourage you to review these Terms periodically.
Privacy Policy
The Foundation’s Privacy Policy describes the collection, use, and disclosure of personal information obtainedthrough the Website and applies to your use of the Website. By accessing orusing the Website, you acknowledge that you have reviewed and understand thePrivacy Policy. The Privacy Policy is incorporated into these Terms byreference.
Eligibility
You are only eligible to use the Website if you are at least 13 years old. If you are under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms onyour behalf, and you may only access and use the Website with permission from your parent or legal guardian.
Use of the Website
5.1. The Website is provided for informational purposes only. The content on the Website, including but notlimited to text, graphics, images, blog posts, news articles, and othermaterials (collectively, “Content”), is intended to provide general information about the Foundation, its programs, and its activities.
5.2. You agree to use the Website only forlawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any third party.
5.3. You agree not to:
(a) Impersonate any person or entity, orfalsify or otherwise misrepresent your identity, credentials, affiliations, orintentions;
(b) Violate any applicable federal, state,local, or international law or regulation;
(c) Violate, infringe, or misappropriateany third party’s intellectual property, privacy, publicity, or other rights;
(d) Abuse, defame, harass, libel,disparage, or threaten any third party;(e) Promote discrimination, bigotry,racism, hatred, harassment, or harm against any individual or group;
(f) Collect or solicit personal informationfrom other Website users, or distribute or post solicitations, promotionalmaterials, spam, junk mail, chain letters, or pyramid schemes;
(g) Use any robot, spider, scraper, orother automated means to access the Website for any purpose, or data mine,scrape, or crawl the Website, without our express written permission;
(h) Take any action that imposes or mayimpose an unreasonable or disproportionately large load on the Foundation’s technical infrastructure;
(i) Introduce any viruses, Trojan horses,worms, time bombs, or other material that is malicious or technologicallyharmful;
(j) Attempt to gain unauthorized access to any portion of the Website, or take any action that bypasses or circumvents, or attempts to bypass or circumvent, any measures the Foundation may use to prevent or restrict access to the Website or certain features thereof;
(k) Alter or tamper with any information ormaterials on the Website;
(l) Use, display, mirror, or frame the Website, or any Content, the Foundation’s name, any Foundation trademark, logo,or other proprietary information, without the Foundation’s express writtenconsent; or
(m) Post or share anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate.
5.2. You agree to use the Website only forlawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any third party.
5.3. You agree not to:
(a) Impersonate any person or entity, orfalsify or otherwise misrepresent your identity, credentials, affiliations, orintentions;
(b) Violate any applicable federal, state,local, or international law or regulation;
(c) Violate, infringe, or misappropriateany third party’s intellectual property, privacy, publicity, or other rights;
(d) Abuse, defame, harass, libel,disparage, or threaten any third party;(e) Promote discrimination, bigotry,racism, hatred, harassment, or harm against any individual or group;
(f) Collect or solicit personal informationfrom other Website users, or distribute or post solicitations, promotionalmaterials, spam, junk mail, chain letters, or pyramid schemes;
(g) Use any robot, spider, scraper, orother automated means to access the Website for any purpose, or data mine,scrape, or crawl the Website, without our express written permission;
(h) Take any action that imposes or mayimpose an unreasonable or disproportionately large load on the Foundation’s technical infrastructure;
(i) Introduce any viruses, Trojan horses,worms, time bombs, or other material that is malicious or technologicallyharmful;
(j) Attempt to gain unauthorized access to any portion of the Website, or take any action that bypasses or circumvents, or attempts to bypass or circumvent, any measures the Foundation may use to prevent or restrict access to the Website or certain features thereof;
(k) Alter or tamper with any information ormaterials on the Website;
(l) Use, display, mirror, or frame the Website, or any Content, the Foundation’s name, any Foundation trademark, logo,or other proprietary information, without the Foundation’s express writtenconsent; or
(m) Post or share anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate.
Intellectual Property
6.1. All Content on the Website, including but not limited to text, images, logos, graphics, photographs, audio, video,software, and the design, selection, and arrangement thereof, is the propertyof the Foundation or its licensors and is protected by United States andinternational copyright, trademark, and other intellectual property laws. TheFoundation reserves all rights not expressly described in these Terms.
6.2. The Sun Family Foundation name, logo,and all related names, logos, product and service names, designs, and slogansare trademarks of the Foundation or its affiliates (the “Foundation Marks”).You do not acquire a license or any ownership rights to any Foundation Marksthrough your access to or use of the Website or Content. You may not use theFoundation Marks without the prior written permission of the Foundation.
6.3. You may view, download, and print Content from the Website solely for your personal, non-commercial use, provided that you do not modify the Content and that you retain all copyright and other proprietary notices contained in the Content. You may not otherwise use, copy,reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, preparederivative works based upon, or otherwise exploit any Content without theFoundation’s prior written consent.
6.4. Unauthorized use of the Content may constitute a breach of copyright, trademark, or other intellectual propertylaws and may subject you to criminal or civil charges and penalties. The Foundation reserves the right to remove any Content that violates these Terms or the Foundation’s intellectual property rights.
6.2. The Sun Family Foundation name, logo,and all related names, logos, product and service names, designs, and slogansare trademarks of the Foundation or its affiliates (the “Foundation Marks”).You do not acquire a license or any ownership rights to any Foundation Marksthrough your access to or use of the Website or Content. You may not use theFoundation Marks without the prior written permission of the Foundation.
6.3. You may view, download, and print Content from the Website solely for your personal, non-commercial use, provided that you do not modify the Content and that you retain all copyright and other proprietary notices contained in the Content. You may not otherwise use, copy,reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, preparederivative works based upon, or otherwise exploit any Content without theFoundation’s prior written consent.
6.4. Unauthorized use of the Content may constitute a breach of copyright, trademark, or other intellectual propertylaws and may subject you to criminal or civil charges and penalties. The Foundation reserves the right to remove any Content that violates these Terms or the Foundation’s intellectual property rights.
Information You Provide
7.1. The Website may allow you to submit personal information through forms, including but not limited to contact forms,volunteer sign-up forms, and grant application forms (collectively, “Submitted Information”). By submitting any Submitted Information, you represent andwarrant that: (a) the information is accurate, complete, and current; and (b)you have the right to provide such information to the Foundation.
7.2. The Foundation’s collection, use, and disclosure of personal information is governed by our Privacy Policy, which isincorporated into these Terms by reference. Please review our Privacy Policy at[Privacy Policy URL] before submitting any personal information through theWebsite.
7.3. While the Foundation uses commercially reasonable measures to protect Submitted Information, no method of transmission over the Internet or method of electronic storage is completely secure. The Foundation cannot guarantee the absolute security of your information.
7.2. The Foundation’s collection, use, and disclosure of personal information is governed by our Privacy Policy, which isincorporated into these Terms by reference. Please review our Privacy Policy at[Privacy Policy URL] before submitting any personal information through theWebsite.
7.3. While the Foundation uses commercially reasonable measures to protect Submitted Information, no method of transmission over the Internet or method of electronic storage is completely secure. The Foundation cannot guarantee the absolute security of your information.
Grant Applications
8.1. The Website may provide information regarding grant programs and may allow Users to submit grant applications online. Submission of a grant application does not create any obligation on thepart of the Foundation to award a grant or to respond to any application.
8.2. The Foundation reserves solediscretion in evaluating and selecting grant recipients. All decisionsregarding grant awards are final and not subject to appeal.
8.3. Any information provided in a grantapplication will be used by the Foundation solely for the purpose of evaluating the application and administering its grant programs, subject to the Foundation’s Privacy Policy.
8.2. The Foundation reserves solediscretion in evaluating and selecting grant recipients. All decisionsregarding grant awards are final and not subject to appeal.
8.3. Any information provided in a grantapplication will be used by the Foundation solely for the purpose of evaluating the application and administering its grant programs, subject to the Foundation’s Privacy Policy.
Blog and News Content
9.1. The Website may feature blog posts, news articles, and other editorial content. Such content is provided forinformational purposes only and does not constitute professional advice of anykind.
9.2. The views and opinions expressed inblog posts and articles are those of the individual authors and do notnecessarily reflect the official position of the Foundation.
9.3. The Foundation may, in its sole discretion, remove, edit, or refuse to post any content on the blog or news sections of the Website.
9.2. The views and opinions expressed inblog posts and articles are those of the individual authors and do notnecessarily reflect the official position of the Foundation.
9.3. The Foundation may, in its sole discretion, remove, edit, or refuse to post any content on the blog or news sections of the Website.
Third-Party Links
The Website may contain links to or partnerships with third-party websites, social media platforms, mobile applications, and other products and services (“Third Parties”). These links are provided for your convenience only. The Foundation does not endorse, monitor, or have any control over Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any Third Party’s terms of use and privacy policy. The Foundation is notresponsible for the content, policies, or activities of Third Parties, and you interact with Third Parties at your own risk.
Disclaimer of Warranties and Limitation of Liability
11. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT ARE PROVIDED ONAN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHEREXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT, AND ACCURACY. THE FOUNDATION DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHERHARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE RESULTING FROM ACCESSING THE WEBSITE, TO THE EXTENT APPLICABLE LAW DOES NOTPROVIDE OTHERWISE.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE FOUNDATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, OR AFFILIATES (COLLECTIVELY, THE “FOUNDATIONPARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OFGOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A)YOUR USE OF, OR INABILITY TO USE, THE WEBSITE; (B) ANY CONTENT OBTAINED FROMTHE WEBSITE; OR (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMITTEDINFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),OR ANY OTHER LEGAL THEORY, EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.YOUR ONLY REMEDY AGAINST THE FOUNDATION INCONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ANY CONTENTIS TO STOP USING THE WEBSITE.IN THE EVENT THAT THE FOREGOING LIMITATIONOF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BEUNENFORCEABLE, THE FOUNDATION’S AGGREGATE LIABILITY ARISING OUT OF OR INCONNECTION WITH THESE TERMS SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS($100.00).CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IFTHESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE WEBSITE AND ALL CONTENT ARE PROVIDED ONAN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHEREXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT, AND ACCURACY. THE FOUNDATION DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHERHARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE RESULTING FROM ACCESSING THE WEBSITE, TO THE EXTENT APPLICABLE LAW DOES NOTPROVIDE OTHERWISE.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE FOUNDATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, OR AFFILIATES (COLLECTIVELY, THE “FOUNDATIONPARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OFGOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A)YOUR USE OF, OR INABILITY TO USE, THE WEBSITE; (B) ANY CONTENT OBTAINED FROMTHE WEBSITE; OR (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMITTEDINFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),OR ANY OTHER LEGAL THEORY, EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.YOUR ONLY REMEDY AGAINST THE FOUNDATION INCONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ANY CONTENTIS TO STOP USING THE WEBSITE.IN THE EVENT THAT THE FOREGOING LIMITATIONOF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BEUNENFORCEABLE, THE FOUNDATION’S AGGREGATE LIABILITY ARISING OUT OF OR INCONNECTION WITH THESE TERMS SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS($100.00).CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IFTHESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification and Release
13.1. Indemnification. To the maximum extent permitted by applicable law, you agree to release, indemnify, defend,and hold harmless the Foundation Parties from and against any and all claims,liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or relating in any way to: (a) your use of theWebsite or any Content; (b) your violation of these Terms; (c) your violationof any law or the rights of any third party; or (d) any Submitted Informationyou provide through the Website.
13.2. Release. You, for yourself and onbehalf of your heirs, estate, insurers, successors, and assigns, hereby fully and forever release and discharge the Foundation Parties from any and allclaims or causes of action you may have for damages relating in any way to youruse of the Website.
13.2. Release. You, for yourself and onbehalf of your heirs, estate, insurers, successors, and assigns, hereby fully and forever release and discharge the Foundation Parties from any and allclaims or causes of action you may have for damages relating in any way to youruse of the Website.
Informal Dispute Resolution
14.1. Dispute Notice. In the event of any dispute, claim, or controversy arising out of or relating to the Website, theseTerms, or your use of the Website (“Dispute”), and before commencing any legal action in court, you and the Foundation agree to first send to the other partya written notice setting forth the name, address, and contact information ofthe party providing the notice, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). Any Dispute Notice to the Foundationshall be sent by certified mail to:Sun Family Foundation Attention: LegalDepartment 15333 Culver Dr Ste 340 #2234 Irvine, CA 92604Any Dispute Notice sent to you will be sentby certified mail to the most recent address the Foundation has on file, or via email if no such address is available.
14.2. Informal Resolution Conference.Within sixty (60) calendar days of either party receiving a Dispute Notice, theparties shall engage in a good-faith informal dispute resolution conference by phone, email, or other mutually agreed channel. If you are represented bycounsel, your counsel may participate, but you must also fully participate in the discussions.
14.3. Tolling. The statute of limitations shall be tolled from the date the Dispute Notice is first sent by certifiedmail to the completion of the informal dispute resolution process required by this Section
14.14.4. Condition Precedent. You and the Foundation agree that failure to provide a Dispute Notice or to participate in the informal dispute resolution conference prior to filing a legal action shall constitute grounds for dismissal of the action by a court.
14.2. Informal Resolution Conference.Within sixty (60) calendar days of either party receiving a Dispute Notice, theparties shall engage in a good-faith informal dispute resolution conference by phone, email, or other mutually agreed channel. If you are represented bycounsel, your counsel may participate, but you must also fully participate in the discussions.
14.3. Tolling. The statute of limitations shall be tolled from the date the Dispute Notice is first sent by certifiedmail to the completion of the informal dispute resolution process required by this Section
14.14.4. Condition Precedent. You and the Foundation agree that failure to provide a Dispute Notice or to participate in the informal dispute resolution conference prior to filing a legal action shall constitute grounds for dismissal of the action by a court.
Governing Law, Jurisdiction, and Claims Period
15.1. These Terms shall be governed by and construed in accordance with the laws of the State of California, withoutregard to its conflict of law provisions.
15.2. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federalcourts located in Orange County, California. The parties hereby waive any argument that any such court does not have personal jurisdiction or that the forum is not appropriate or convenient.
15.3. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forumunless you provide the Foundation with written notice of the event or facts giving rise to the claim within one (1) year of its occurrence.
15.2. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federalcourts located in Orange County, California. The parties hereby waive any argument that any such court does not have personal jurisdiction or that the forum is not appropriate or convenient.
15.3. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forumunless you provide the Foundation with written notice of the event or facts giving rise to the claim within one (1) year of its occurrence.
General Provisions
16. Electronic Communications. By using the Website, you agree to receive certain electronic communications from theFoundation, subject to applicable law. You agree that any notice, agreement, disclosure, or other communication that the Foundation sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
17. Assignment. The Foundation may assignits rights and duties under these Terms to any party at any time without noticeto you. You may not assign or transfer your rights or duties under these Terms,in whole or in part, without the Foundation’s prior written consent.
18. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
19. Waiver. The Foundation’s failure to insist upon or enforce strict performance of these Terms shall not constitute awaiver of any provision or right. Users should always assume these Terms apply.Any waiver of any provision of these Terms will be effective only if in writingand signed by the Foundation.
20. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and theFoundation regarding the use of the Website and supersede all prior and contemporaneous agreements, representations, and understandings.
21. Notice. All notices, demands, and other communications shall be in writing and effective upon receipt, provided that the Foundation may provide notice to you by posting announcements on the Website or sending an email to any email address you have provided. Any email notice to you will be deemed given on the day it is sent. All notices to the Foundation of a legal nature shall be in writing and sent by certified first-class U.S. mail, return receipt requested, to:
Sun Family Foundation Attention: Legal Department 15333 Culver Dr Ste 340 #2234 Irvine, CA 92604
17. Assignment. The Foundation may assignits rights and duties under these Terms to any party at any time without noticeto you. You may not assign or transfer your rights or duties under these Terms,in whole or in part, without the Foundation’s prior written consent.
18. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
19. Waiver. The Foundation’s failure to insist upon or enforce strict performance of these Terms shall not constitute awaiver of any provision or right. Users should always assume these Terms apply.Any waiver of any provision of these Terms will be effective only if in writingand signed by the Foundation.
20. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and theFoundation regarding the use of the Website and supersede all prior and contemporaneous agreements, representations, and understandings.
21. Notice. All notices, demands, and other communications shall be in writing and effective upon receipt, provided that the Foundation may provide notice to you by posting announcements on the Website or sending an email to any email address you have provided. Any email notice to you will be deemed given on the day it is sent. All notices to the Foundation of a legal nature shall be in writing and sent by certified first-class U.S. mail, return receipt requested, to:
Sun Family Foundation Attention: Legal Department 15333 Culver Dr Ste 340 #2234 Irvine, CA 92604