Terms of Use
These terms of use are entered into by and between you and International Rescue Committee, Inc. (“IRC” "we," or "us"). The IRC maintains this web site (Welcome.Rescue.org) (“Web site”) in order to provide you with information about our work and to enable you to interact with us online. Access to and use of the IRC's website, linking to the IRC's website as well as downloading IRC materials and content is subject to the below terms and conditions set forth in these Terms of Use, together with any documents expressly incorporated by reference. If you do not accept these Terms of Use in its entirety, you may not access or use the IRC's website, link to the IRC's website, or download any IRC materials or content from the IRC's website.
YOUR USE OF THE IRC'S WEBSITE CONSTITUTES YOUR AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH IN THIS TERMS OF USE AND ANY OTHER TERMS AND CONDITIONS THAT MAY BE OUTLINED ELSEWHERE ON THE IRC'S WEBSITE.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
From time to time, we may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). You may be able to connect with these Third Parties through the Platform, but this does not mean that we endorse, monitor or have any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any Third Party’s sites and terms of use and privacy policy. IRC is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.
CHANGES TO THE TERMS OF USE
Please note that the IRC reserves the right to alter or amend these Terms of Use at any time for any reason and without notice. You acknowledge and agree that you are responsible for keeping yourself apprised of any such changes. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to each time you access this Website so you are aware of any changes, as they are binding on you.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Website or the entire Website.
You are responsible for both:
1. Making all arrangements necessary for you to have access to the Website, and
2. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
INTELLECTUAL PROPERTY
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected].
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
TRADEMARK OWNERSHIP
You acknowledge and agree that the IRC is the sole owner of the IRC's name, logo, and other IRC registered trademarks and service marks ("IRC's Marks") as well as the IRC's materials and content found on the IRC's website. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
LIMITED LICENSE
By linking to the IRC's website or downloading the IRC's material and content, you hereby agreed to be bound by the terms and conditions set forth below:
USE AND PROHIBITED USE
You understand that you may not use the IRC's logo as a link, but you may link to the IRC using one of the IRC approved banners and links provided you act in full compliance with the terms and conditions of these Terms of Use.
Specifically, you acknowledge that you may not use the IRC's logo on any external website or social networking sites such as Facebook or YouTube.
You acknowledge and agree that you may only use IRC approved banners and links and/or IRC materials or content for education purposes.
You acknowledge and agree that your use of any IRC approved banners and links and/or IRC materials or content bearing the IRC's Marks may not be combined with any other graphic elements; nor may they be altered in any manner including size, proportions, font, design, arrangement, colors or elements; nor may they be animated, morphed or otherwise distorted in perspective or appearance.
You acknowledge and agree that you may not exploit the IRC's materials or content and/or IRC approved banners and links.
You agree that you will not use the IRC's materials and content and/or IRC's banners and links for purposes that violate the laws of any state, country or other jurisdiction, including without limitation all laws relating to copyright and trademark.
You acknowledge and agree that you may not misrepresent your relationship with the IRC.
Your use of the IRC's material and content and/or IRC approved banners and links may not indicate or create an impression that the IRC endorses, approves, sponsors or is affiliated with your products, goods, services or website.
Your use of the IRC's material and content and/or IRC approved banners or links may not indicate or create an impression that the IRC will benefit from the sale of any good or service.
Your use of the IRC's material and content and/or IRC approved banners or links may not be used in any manner likely to confuse, mislead, or deceive the public, or be adverse to the best interests of the IRC.
You acknowledge and agree that you are prohibited from using the IRC's material and content and/or IRC approved banners or links in any way that the IRC finds, in its sole discretion, to be objectionable or which includes obscene, violent intolerant, tasteless, denigrating or sexually oriented content or materials. Specifically, the IRC's approved banners and links may not appear on any pages of any Web sites that include content or advertising for alcoholic beverages, tobacco, pornography, religious material, partisan material, political material or firearms.
CHANGES TO THE WEBSITE
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Links to third-party sites
In order to provide certain services and materials, our website may allow you to “click” over to other websites. This Privacy Policy only applies to Welcome.Rescue.org. This Privacy Policy does not apply to any third-party sites. We are not responsible for the privacy practices or content of such other websites, even if our name and logo appear on the screen. We recommend that you review the privacy policies on third-party sites before you use any services or programs they offer.
LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
All information we collect on this Website is subject to our Privacy Policy.
TERMINATION
The IRC may revoke your right to use the IRC's materials and content and/or the IRC's banners and links at any time with or without cause. Upon receipt of notice of termination, you shall immediately cease any all further use of the IRC's materials and content and/or the IRC's approved banners and links. The IRC has the right to seek appropriate legal action to terminate any uses of the IRC's materials and content and/or the IRC's banners and links in the event that the IRC determines that your use does not conform to any terms and conditions of these Terms of Use or as provided elsewhere on the Web site; infringes any intellectual property right or other right of the IRC or a third party, adversely affects the IRC's image, reputation or services or programs, violates any applicable law, regulation or ordinance, and/or is a prohibited activity.
CHOICE OF LAW; JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to conflict of law provisions of your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection herewith shall be brought solely in New York County, State of New York, and you consent to the jurisdiction of such courts.
REMEDIES
Please be aware that violation of the IRC's copyright, trademark, or other intellectual property rights may subject you to civil and criminal penalties.
INDEMNITY
You agree to indemnify and hold harmless the IRC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, for any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of your wrongful and/or improper use of the IRC's website, IRC's materials and content, and/or the IRC's approved banners and links.
DISCLAIMER OF WARRANTY
THE IRC MAKES NO WARRANTIES, REPRESENTATIONS OR STATEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO THE MATERIALS AND CONTENTS ON ITS WEB SITE, INCLUDING ITS MARKS, AND HEREBY DISCLAIMS ALL WARRANTIES THAT MIGHT OTHERWISE BE IMPLIED BY LAW. USE OF THE IRC'S MATERIALS AND CONTENT AND/OR IRC APPROVED BANNERS AND LINKS IS SOLELY AT YOUR OWN RISK.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set out in these Terms of Use 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
DISPUTE RESOLUTION AND BINDING ARBITRATION
YOU AND IRC ARE AGREEING TO GIVE UP ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.
In any dispute, NEITHER YOU NOR IRC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CONSUMERS IN COURT OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
ENTIRE AGREEMENT
The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and IRC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
ASSIGNMENT AND BENEFICIARIES
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.