LLAF TERMS OF USE

By accessing or using any of the Live Like Ally Foundation, LLC (LLAF) web pages, websites, social media sites and any other digital services or properties operated or used by the LLAF (collectively referred to as the Website) you agree to comply with and be bound by these Terms of Use. Please read these Terms of Use carefully as well as the LLAF’s Privacy Policy.   If you do not agree to the Terms of Use and the Privacy Policy, you must immediately terminate use of the Website.

1. Website License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Website conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the Website and the LLAF content for your noncommercial personal use and for no other purpose. The LLAF reserves the right to bar, restrict or suspend any user’s access to the Website, and/or to terminate this license at any time for any reason. The LLAF reserves any rights not explicitly granted in these Terms of Use.

2. Website License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive LLAF’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sub-license, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Website, any LLAF Content, or any portion thereof.  Further, you may not use the Website for any unauthorized or illegal purpose or activity.

3. Website Acceptance.  These Terms of Use constitute a legally binding agreement between you and the LLAF regarding your use and access to the Website. By using the Website you agree to the Terms of Use.

4. Revisions to Terms of Use.  LLAF reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Website. Your use of the Website signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Website.

5. Privacy Policy. For information about LLAF’s data protection practices and LLAF’s use and protection of your personal information, please read LLAF’s Privacy Policy which is incorporated into and made a part of these Terms of Use.

6. Website User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Website and not interfere with the use and enjoyment of the Website by other users or with LLAF’s operation and management of the Website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Website, including, without limitation, information required to be provided through an LLAF  application form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, LLAF reserves the right to terminate your access and use of the Website or its programs. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Website, or defame or otherwise harm any party through your use of the Website.

7.  In addition Website Users must also not to use the LLAF Website to:

(a) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, proprietary and confidential information);

(c) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(d) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(e) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and

(f) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.

8. Proprietary Rights. The content of the Website includes, without limitation, (i) LLAF’s trademarks, service marks, logos, brands, trade dress and trade names and other distinctive identification (collectively “LLAF Marks”); and (ii) information, data, materials, interfaces, computer code, services, software applications and tools, text, images, photographs, audio and video material, including artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Website (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “LLAF Content”).

9.  LLAF Content is the property of the LLAF, its licensors, partners, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any LLAF Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner. Any use of the LLAF Marks without LLAF’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the LLAF Content, including any such notices appearing on any LLAF Content you are permitted to download, transmit, display, print, or reproduce from the Website.

10. Responsibility for Use of the Internet and Website and Exclusion of Liability. Use of the Internet and the Website is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the LLAF does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Website over the Internet or other communication network.

11.  The LLAF shall not be obligated to correct or update the Website or the LLAF Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Website.

12. Third Party Information. The Website may feature materials, information, and services provided by third parties. Any such information, including but not limited to articles, blog posts, pictures, opinions, advice, statements, services, offers or other information made available by third parties are those of the respective third party and not of LLAF or its affiliates. LLAF makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.

13. Notice For Claims Of Intellectual Property Or Copyright Infringement. The LLAF respects the intellectual property of others, and, particularly as to user generated content in any blog posts, comments, or in other user-contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please let us know immediately and we will take appropriate steps to remedy the situation.

14. Links to Third Party Websites. The Website may provide links to other sites on the Internet for your convenience. These other sites are maintained by third parties over which LLAF exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Website, you do so entirely at your own risk.

15. Links to other sites provided by others.   Links posted by third parties to the Website and/or LLAF Content shall not suggest that LLAF promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, sites, content, or information. LLAF reserves the right to require any linking party to disable or remove any link that violates LLAF’s policies, rights or causes interruption or deterioration of LLAF Content.

16. Sharing of Content. You may download, copy or embed LLAF Content and other downloadable items displayed on the Website for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any LLAF Content for other than personal use is expressly prohibited without prior written permission from, or the copyright holder identified in the copyright notice contained in the LLAF Content. LLAF reserves the right to require any party sharing LLAF content to disable or remove the content should its use violate LLAF’s policies, rights or causes interruption or deterioration of LLAF Content.

17. Warranties Disclaimed. The website and content are provided “as is” and “as available.” neither LLAF, its affiliates, subsidiaries, employees, officers, members, or trustees nor any of its agents, representatives, suppliers, contractors, promotional partners, or licensors (collectively “LLAF parties”) provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (i) the website or LLAF Content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to the website will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material obtained by you through the website will meet your expectations; or (iv) LLAF Content will remain unchanged or accessible on the website. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property.

18. Exclusion of and Limitation of Liability. The LLAF shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use the website and/or any LLAF Content; (ii) from any interruption in the availability of the website and/or LLAF Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services obtained from the website; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the website; (vii) from any delay or failure of the website arising out of causes beyond LLAF’s control; (viii) out of the use of, reference to, or reliance on, the LLAF Content; (ix) out of any third party materials, information, products and services contained on, or accessed through, the website; and (x) out of any other matter relating to the Website or LLAF Content.

In the event you are dissatisfied with, or dispute, these terms of use, the Website and/or the LLAF Content, your sole right and exclusive remedy is to terminate your use of the Website, even if that right or remedy is deemed to fail of its essential purpose. You confirm that LLAF has no other obligation, liability or responsibility to you or any other party.

19. Exclusions permitted by law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in sections 17 and 18 which are lawful in your jurisdiction will apply to you and LLAF’s liability will be limited to the maximum extent permitted by law.

20. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the LLAF Parties from and against all claims arising from or in any way related to your use of the Website and/or LLAF Content, a violation by you of these Terms of Use, or any other actions connected with your use of the Website and/or LLAF Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees. LLAF will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the LLAF Parties other than under this Section.

21. Term and Termination. These Terms of Use will take effect at the time you begin using the Website. The LLAF reserves the right, with or without notice, at any time and for any reason to deny you access to the Website or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the LLAF Website, but all applicable provisions of these Terms of Use will survive such termination.

22. Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in the Akron Ohio area. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Ohio and/or the United States District Court for the Northern District of Ohio shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. The LLAF reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Northern District of Ohio or state court located in Summit County, Ohio.

23. Governing Law. These Terms of Use and all matters regarding your use of the Website shall be governed by, construed in accordance with, and enforced under the laws of the State of Ohio applicable to contracts made and executed and wholly performed in the State of Ohio, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

24. Waiver and Severability. The failure of to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

25. Complete Agreement. These Terms of Use, together with any revision, any Additional Terms or Conditions incorporated by reference, constitutes the entire agreement between you and the LLAF relating to the Website and its use by you, and supersedes any previous written or oral communication regarding use of the Website. The Website are intended to be consistent with and in furtherance of the LLAF’s policies.

26. The LLAF may provide opportunities for user interaction within its website and social media profiles.  Content and links to other websites should not be construed as an endorsement of the organizations, entities, views or content contained therein. The LLAF is not responsible for content or links posted by others.

27. User Generated Content. By contributing content, or submitting reports or media to LLAF, its blog, or related social media, users understand and acknowledge that this information is available to the public and grant the LLAF a nonexclusive, transferable, sub-licensable, royalty-free, worldwide license to display, reproduce, transmit, modify such User Content, and that the LLAF may use the User Content for internal and external purposes. You are solely responsible for the User Content you submit. If you believe any User Content infringes on your proprietary rights, contact the LLAF directly.

28. The LLAF does not approve, endorse, or adopt any User Content, and the LLAF assumes no liability for any User Content submitted by you or others. You agree to indemnify the LLAF against all claims and liabilities resulting from User Content. Users who do not wish to have information they have made available via the website used, published, copied and/or reprinted, should not post on the blog or social media profiles. Please note that other participants may use posted information beyond the control of the LLAF. All user content is read at your own risk.

29.  The LLAF retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. The LLAF also retains the right to ban or block a user from posting on LLAF social media profiles without notice for a pattern of inappropriate postings or as it deems necessary.

30.  You acknowledge, consent and agree that the LLAF may access, preserve and disclose your information and the User Content you have posted by if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in the sole opinion of the LLAF to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for service; or (e) protect the rights, property or personal safety of the LLAF, its staff, or the public.

31.  Grants/Scholarships. LLAF may offer grants and/or scholarships of up to $10,000.00.  The grants/scholarships are intended to be made to established organizations that are aligned with the goals of LLAF and the applicant; no grants are intended to be made directly to the individual applicant. LLAF will review initial request applications submitted by applicants and finalists for an LLAF grant will be contacted and asked to submit additional information, including some documentation of financial need. Grants will be made based solely at LLAF’s absolute discretion. LLAF’s decision is final but individuals not receiving LLAF funding may re-apply and be reconsidered in a later funding cycle.

32.  All application materials, including the initial request materials, must be created and submitted by the Applicant directly; third parties including parents/guardians may not submit requests or applications for Applicants. However, all minors must have their parents/guardians agree to and sign off on the requests and applications.  Application materials will not be returned and become the property of LLAF.

33.  If chosen to submit a full grant/scholarship application, the application must be completed within one month of receipt of the invitation e-mail. Applicants may be asked to demonstrate financial need, including the financial situation of their parents/guardians if the Applicant is under 18 years old.

34.  Initial requests and full applications must be submitted with enough lead time to ensure funding will fit with applicant’s plans.  LLAF cannot guarantee any specific response time, but suggests that the application be made at least 3 to 4 months prior to applicant’s desired date to begin.  LLAF is not responsible for any damages resulting from any delay in responding.

35.  Grant/Scholarship recipients may request a renewal of their initial grant by using the initial request form provided below, just make sure to check the ‘renewing grant’ button. You will need to provide a solid and compelling rationale for the renewal request.

36.  Individuals receiving an LLAF grant will be required to submit monthly status reports, including written reflection, and documentation such as photos, video links, etc. Awardees will be highlighted on the LLAF website which may include the awardee-provided content. This material may be used in blogs, social media or other LLAF promotional channels. LLAF will not use or share images in any other way without consent being granted by the Awardee.

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