BRIDGE TO TOMORROW
USER AGREEMENT- DONORS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
BridgeToTomorrow.org ("BTT") requires that all visitors ("you") to its site, BridgeToTomorrow.org, (the "Site"), agree to all of the terms and conditions in this User Agreement ("UA"). By accessing and using the Site, you indicate your acknowledgment and acceptance of this UA. As used in this Agreement, "we," "our," and "us" means BTT unless otherwise indicated.
BTT is a 501(c)(3) not-for-profit corporation. Our goal is to help students who want to pursue higher education be able to pay for it. The Site provides you with access to an online collection of information, materials and services related to BTT and its work, including text, pictures, photographs, audio and video, graphics, logos, marks and images (collectively, "Content"), as well as software used in accessing the Site, displaying the Content, and utilizing the functionality offered through the Site ("Software"), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Site and all revisions, modifications, and enhancements to the Site, the Content or the Software will be covered by this UA effective upon the date of each such addition.
Eligibility.
Use of the Site is void where prohibited. By using the Site, you represent and warrant that (1) all information you submit is truthful and accurate; (2) you are 18 years of age or older or have received parental consent and supervision when using the Site; and (3) your use of the Site does not violate any applicable law or regulation. Your use of the Site may be terminated without warning if we believe you are in violation of any of these conditions.
Binding Agreement.
By using any Site, you agree to be bound by this UA, whether you are a visitor, student or a Dream Granter (Dream Granter). The use of the Site (including, without limitation, photographs or images), by you, or anyone else authorized by you, is prohibited except as allowed by this UA. There are specific terms of use applicable to Dream Granters and students, which are described below.
We are committed to protecting the privacy of any personal information you may provide to us when you use the Site. By accepting the terms of this UA, you agree to abide by the terms of our Privacy Policy.
Our Proprietary Materials.
You may use the Site, Content and Software solely as and for the purposes stated on the Site and as described in this UA.
Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Site, in any manner, without your receipt of the prior written authorization of BTT.
The information on the Site, the design and layout of the Site, the Content and Software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Site or in this UA. All Content, Software and materials on and underlying the Site are copyright (c) 2016 BridgeToTomorrow, Inc. or are licensed or otherwise used by BTT with permission. Except where noted otherwise, all rights to these materials are reserved by BTT or their respective owners. BridgeToTomorrow.org and The Bridge to Tomorrow logo are trademarks and service marks of Bridge to Tomorrow, which reserves all rights to its marks and logos. Individuals appearing on the Site do so with permission; names and photographs of individuals may not be copied, downloaded or otherwise used.
All Site Content and functionality, and all Software underlying the Site, may be changed or updated by us from time to time, without notice. Although BTT cannot monitor the conduct of users of the Site, it is a violation of this UA to use the Site or any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Site. Any unauthorized use of the Site, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.
Disclaimers.
We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. BTT retains the right to restrict use of the Site, in any manner it deems appropriate.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BTT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BTT MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Limitation of Liability.
IN NO EVENT SHALL BTT, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE (COLLECTIVELY "BTT AND ITS AFFILIATES") BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITE OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITE, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE BTT AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE.
YOU UNDERSTAND AND AGREE THAT BTT AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT BTT AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITE, EVEN IF THERE IS NEGLIGENCE BY BTT OR AN AUTHORIZED BTT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
BTT neither warrants nor represents that your use of Content, Software or any other materials displayed on the Site will not infringe rights of third parties.
Third Party Website.
The Site may provide links to other website ("Linked Site") as a convenience to you. Such Linked Site are not maintained by BTT, thus BTT is not responsible for the content, products, services or policies or activities of those Linked Site. The inclusion of any link to such Linked Site does not imply endorsement by BTT of the Linked Site.
Third Party Website Seeking to Hyperlink to the Site.
We welcome appropriate hyperlinks to our Site. By publishing a hyperlink to our Site on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Site and BTT. If this is not the case, please do not link to our Site. BTT reserves the right to rescind the right to link to its Site at its sole discretion.
Use of any BTT trademark, service mark or other intellectual property or content provided by BTT for a hyperlink to a Site is permitted and licensed by BTT solely for the purposes described on the Site, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by BTT, you shall immediately remove any hyperlink to the Site, and discontinue use of any trademarks, service marks or other intellectual property or content provided by BTT.
Making Donations through BTT.
BTT is a non-profit marketplace that brings Dream Granters together with Students in order to help students with the funding they need for higher education. Each donation made through BTT goes directly to fund the student dream for which it was given, unless the Dream Granter indicates that a specific portion of the donation may be used for administrative purposes.
Included in the "material cost" (the price of the dream exclusive of a fulfillment donation to BTT operations) are: shipping charges, sales tax, credit card processing fees (regardless of payment method), and the cost of postage and processing for Dream Granter thank-you packages. All Dream Granters are subject to the specific Dream Granter terms described below.
All donations are tax deductible to the fullest extent allowed by law.
Special Provisions Relating to Dream Granters
Thank you for your interest in funding a student dream at BridgeToTomorrow.org. By donating to a dream or creating a new account on the Site ("Dream Granter"), the following additional terms of the UA apply.
Dream Granter Representations
By applying to become a Dream Granter, you promise that:
- You are a U.S. citizen at least 18 years old or if under 18 years old are acting with parental consent and under parental supervision;
- All information you provide to BTT is accurate, and you will update the information to keep it accurate; and
- You have full rights to any ideas, descriptions, materials, and photos you submit to BTT, and that you (and not BTT) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by BTT will not infringe on any rights of any third party.
- Any donation you make is legal in your jurisdiction.
Dream Granter Responsibilities
You will be responsible for the use and maintenance of the confidentiality of your user ID and password (which you will receive upon completing the process of registering as a Dream Granter) for access to Dream Granter-restricted portions of the Site, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Dream Granter or Student at any time or to disclose your password to anyone else. You agree to exit from your account at the end of each session and to immediately notify BTT of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account. All suggestions and comments you provide become the intellectual property of BTT.
In addition to the rights of BTT described elsewhere in this UA, you agree that descriptions of the proposed activity, the thank-you notes, and other materials that BTT may send you regarding each dream you fund are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the participants, you agree that any breach by you of any of these restrictions may cause BTT and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that BTT may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action.
Services Provided by BTT
We review, verify and calculate the cost of each Student dream before we post it on the Site for Dream Granters to view. Our efforts include, but are not limited to, screening the proposed student dream for compliance with the BridgeToTomorrow.org eligibility requirements, , confirming the existence of requested materials, and determining a cost for the dream. Whenever practical, we purchase the necessary materials ourselves and arrange for them to be delivered to the Student's school. For donations of $50 or more, we arrange to the best of our ability for a Student letter/student thank-you notes to be sent to the Dream Granter(s) after completion of the funded activity.
Sometimes the specific components included in a Student dream change after we receive your donation. In the unusual case that this happens, BTT will review the Student's modified dream. If our review determines the modified dream is reasonably similar to the Student's original dream, we will use the funds that you donated to pay for the modified dream. If we determine that the modified dream is not reasonably similar to the original dream, we will notify you and you may choose to fund an alternate Student dream.
We take reasonable steps to protect the privacy of any personal and financial information you may provide to us when you donate through the Site as described in our Privacy Policy.
BTT reserves the right to exclude any Dream Granter from use of the Site, in BTT's sole discretion. All directions and requirements stated on the Site regarding Dream Granters or donations shall apply to any donation offered or made by you.
Disclaimers
When a partially funded dream does not reach complete funding within four months of the date it was posted on BridgeToTomorrow.org, donations are returned to Dream Granters in the form of account credits. A Dream Granter can use account credits to choose a new dream to fund within 30 days of receiving the credits. After 30 days, BridgeToTomorrow.org will apply the account credits to a dream in urgent need, on behalf of the Dream Granter.
If, for any other reason, the dream cannot move forward (i.e., the Student no longer attends the specified school or no longer requires the requested materials, or the Student is no longer in good standing with BTT, etc.), all donations made to the dream will be returned to the Dream Granter as account credits which will then follow the procedure outlined above.
Infrequently, a Student will move from one school to a different school while they have active dreams available for funding on our site. Until the Student alerts us to their move, the school information associated with any dreams posted on the website may not accurately reflect the new school at which they are teaching. In addition, we may deliver the resources requested by that Student at their new school, even if some or all of the dream's donations were received before the Student's school information was updated on our website.
In rare instances, a Student fails to submit feedback for the dream they have had funded at BTT. In this instance, all Dream Granters will be notified by BTT and the Student will be excluded from future use of the Site.
BTT cannot be responsible for the success of any proposed or funded dreams or for the activities (or lack thereof) of the Students participating in any proposed or funded dreams.
Termination
You may terminate this UA by destroying all materials obtained from the Site, cancelling your Dream Granter or Student account, as applicable, and stopping all use of the Site. BTT may terminate this UA immediately at will for any reason, in its sole judgment, without warning or prior notice. Upon termination, you must destroy all materials obtained from the Site and stop all use of the Site.
Miscellaneous
This UA is governed by the laws of the State of Texas, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions. You agree that any action to resolve or enforce any dispute or arbitration award regarding use of the Site or this UA will be brought exclusively in the federal or State courts located in Dallas, Texas. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
Resolution of Disputes
THIS UA CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Any controversy or claim arising out of or relating use of any Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and BTT. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Dallas, Texas, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in Dallas, Texas and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or BTT may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in Dallas, Texas, as may be necessary to protect the rights or property of you or BTT pending the completion of arbitration.
Indemnification
You agree to indemnify and hold BTT and its Affiliates harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your use of any Site in breach or violation of any term of this UA; (2) your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any content you provide to BTT.
Contact BTT
If you have any questions about the Site or this UA, you may contact us via e-mail at [email protected]. We are always glad to hear your questions and comments.
Entire Agreement
This UA, including the terms specifically applicable to Dream Granters and Students, and other policies and notices BTT may post on the Site necessary for access to Dream Granter and Student portions of the Site, constitute the entire agreement between BTT and you in connection with your use of the Site, hyperlinks to the Site and the Content and Software displayed on the Site, and supersedes any prior agreements between BTT and you regarding such matters, including prior versions of this UA. BTT may update this UA from time to time by posting revised versions of this UA on the Site, without notice to you except that the effective date at the top of this UA will change and your subsequent use of the Site is governed by that new UA. The terms of this UA are effective until terminated by BTT, at any time without notice. In the event of termination, the disclaimers,limitations of liabilities and indemnities set forth in this UA will survive.
