Terms of Use

Last Modified: July 25, 2023

This document delineates the Terms of Use, outlining the conditions governing your access to and utilization of the website of the Alice C Humphrey Foundation (www.alicechumphrey.org) ("Website") along with any media, software, programs, applications, products, services, and content explicitly embraced or provided by us (collectively referred to as our "Services"). These Terms of Use establish a legally binding agreement between you and the Alice C Humphrey Foundation ("ACH Foundation" or "our" or "we" or "us").

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION AGREEMENT BELOW. YOU AND ACH FOUNDATION AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, INCLUDING WAIVER OF ANY RIGHT TO A TRIAL BY JURY, AND THAT YOU AND ACH FOUNDATION WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION AGREEMENT. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST ACH FOUNDATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 17 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

1. Acceptance

This Website and our Services may encompass diverse information pertaining to ACH Foundation, presented in the form of text, graphics, data, and other materials ("Content"). By accessing, browsing, downloading, or otherwise engaging with our Services, you acknowledge and consent to be legally bound by these Terms of Use, including our Privacy Policy, which is incorporated herein by reference. Should you dissent from these Terms of Use, refrain from accessing, browsing, or using this Website or any of the Services.

Moreover, you commit to adhere to all pertinent local laws, regulations, and guidelines governing online conduct and exportable Content, inclusive of those of the United States and your country of residence. If you are utilizing the Services on behalf of a company or other legal entity, "you" also encompasses said entity, and you assent to these Terms of Use, irrespective of any separate agreements we may have with you.

Prior to initiating the use of our Services, it is imperative that you carefully review these Terms of Use. All Services provided by ACH Foundation are extended to you under the explicit condition that you accept, without alteration, and abide by these Terms of Use.

2. Mission
ACH Foundation is committed to providing accessible educational opportunities and support services to underrepresented students, and scholarships to students attending HBCUs, empowering them to achieve their full potential. Our Services are designed and all uses of our Services are intended to be in furtherance of our Mission.

3. Eligibility to use our services

You must be at least 18 years old; our Services are not designed for individuals under this age.
Your usage of this Website or Services should be strictly personal and non-commercial.
If we have banned you from the Website, you are not permitted to utilize our Services.

By utilizing our Services, you affirm that you fulfill all of these eligibility criteria. Failure to meet these requirements necessitates refraining from accessing or using our Services.

4. Modification
ACH Foundation retains the authority to modify these Terms of Use at its discretion by publishing an updated version on the Website. Any alterations to our Services will be communicated through these Terms of Use and take effect immediately upon publication. It is your responsibility to periodically review these Terms of Use for revisions and updates. Your continued utilization of our Services implies acceptance of these Terms of Use and adherence to the latest version, effective immediately upon publication. Any proposed amendments or modifications to these Terms of Use from your end will only be enforceable upon obtaining prior written consent from ACH Foundation.

5. Ownership
The Services and all Content featured on this Website are either our copyrighted, patented, or trademarked property or the copyrighted, patented, or trademarked property of our licensors. All associated copyrights, trademarks, service marks, trade names, trade dress, patents, and other intellectual property rights are owned by us or our licensors, who may be third-party beneficiaries of these Terms of Use. These rights are safeguarded by the copyright, trademark, patent, and other pertinent laws of the United States and international treaties.

You are prohibited from copying, reproducing, publicly displaying, republishing, downloading, storing, creating derivative works of, publicly performing, or transmitting any material available through our Services, except as outlined below:

You may display, view, use, and play content from our Services on a computer, mobile, or other internet-enabled device as presented to you.
Your web browser may automatically cache files for display enhancement purposes.
You may print or download copies of our Services' content for your personal, non-commercial use, under the following conditions:

(a) The copies retain any copyright, intellectual property, proprietary, or other notices or disclaimers contained in the original materials.

(b) You must give attribution to ACH Foundation and provide a reference to our main site www.alicechumphrey.org.

(d) If combined with other hard copy materials, you must clearly designate which portion of the complete work is ACH Foundation's material.

You may share printed copies of our Services' content with others, provided you inform them of these Terms of Use, and they agree to abide by them.
If our Services provide tools to share content with others or social media sharing, you may use them to communicate or post content, provided it doesn't violate applicable laws or third-party rights and is only sent to recipients you're authorized to contact.
If we provide third-party plugins or social media features with certain content, you may use them as enabled by such features.

Failure to comply with these conditions will immediately revoke this permission and may lead to violations of intellectual property and unfair competition laws.

You are not permitted to modify copies of materials from our Services, except as expressly permitted by these Terms of Use or our Services, or as expressly authorized by ACH Foundation. Additionally, you must not use any illustrations, photographs, videos, code, or audio sequences, or any graphics separately from the accompanying text, nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Services. If you use or access our Services in violation of these Terms of Use, your right to use our Services will cease immediately, and at our discretion, you must either return or destroy any copies of the materials you have made. We retain all rights not expressly granted, and nothing in these Terms of Use constitutes a waiver of any rights under intellectual property or unfair competition laws or any other federal, state, or local law, regulation, ordinance, or treaty. These Terms of Use do not confer, by implication, estoppel, industry custom, or otherwise, any license or right. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY ACH Foundation AND ITS LICENSORS AND OTHER THIRD PARTIES.

6. Intellectual Property; Licenses

You retain ownership of your intellectual property rights in any content you share on our Services. By submitting content to ACH Foundation, including application materials, you grant us a non-exclusive, sublicensable, irrevocable, and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights for the full duration of those rights. This license allows us to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works, publicly perform, publicly communicate, make available, and otherwise exploit such content, in whole or in part, across all media formats and channels now known or hereafter devised, without further notice to you, without attribution (to the extent not contrary to mandatory provisions of applicable law), and without requiring permission or payment from you or any other person or entity.

You acknowledge that the submission of content does not establish any relationship of trust and confidence between you and ACH Foundation, and you have no expectation of compensation. You represent and warrant that your content complies with these Terms of Use, and you own or have the necessary rights and permissions, including all copyrights, music rights, and likeness rights (with respect to any person) contained in the content, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your content as contemplated by these Terms of Use. You agree to indemnify and hold ACH Foundation harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your content resulting from your breach of these Terms of Use.

You also agree to waive and not enforce any moral rights, ancillary rights, or similar rights in or to the content against us or our licensees, distributors, agents, representatives, and other authorized users, and agree to procure the same agreement to waive and not enforce from others who may possess such rights.

7. Website Functionality

Payments for Donations to ACH Foundation

ACH Foundation, a 501(c)(3) organization headquartered in Texas with the EIN number 93-2566783, accepts donations both on our Website and offline. Fees associated with such donations may change without prior notice. By making a donation, you confirm that you are at least eighteen years of age, legally competent, and agree to all other provisions of these Terms of Use. You also affirm that all details you provide for the purpose of making a donation, including ownership and validity of any payment method such as a credit or debit card, are accurate and correct. ACH Foundation reserves the right to validate your payment details before processing your donation.

To make donations online using the payment method displayed on the Website (e.g., VISA, Mastercard, PayPal, etc.), you must be 18 years of age or older. By using the Website's payment method, you confirm that you have the legal authority to agree to the conditions of use for the Website, including instructing ACH Foundation or its authorized vendors to collect payments from a payment card, and to use the Website in accordance with these Terms of Use. Billing to your payment card or account occurs at the time of purchase or donation to the Website or shortly thereafter. You are responsible for all charges incurred by your use and purchases on the Website, and you expressly authorize ACH Foundation to charge the payment card provided by you or listed on your account for any outstanding fees or costs due to ACH Foundation or any donations submitted online via the Website.

Payments for Purchase of Goods or Services

When making purchases of merchandise, goods, or services on the Website, a third-party payment provider may receive and process your credit card information from your credit card issuer. Our obligation to provide the goods or services arises when we receive your purchase of services from the third-party payment provider. You agree that ACH Foundation is not responsible for any banking charges incurred due to payments made on your account. Additionally, all purchases are non-refundable, and we reserve the right to change fees or charges (and add new ones) related to any goods or services at our discretion and at any time.

Account Set Up

While browsing our public pages is free of charge, access to certain features and services requires you to establish and activate an account. You can sign up and set up an account by following the registration directions provided on our Services. ACH Foundation reserves the right to decline to activate an account for any reason. If your account is activated, you will receive a notification email, and you must confirm your email address and acceptance of these Terms of Use by clicking on the confirmation link in the email. Once your account is activated and you have confirmed acceptance of these Terms of Use, you will be allowed to log in, view, post, and use the Services and specific features for which you have been registered. By confirming your account registration and acceptance of these Terms of Use, you acknowledge that you have read, understand, and agree to be bound by these Terms of Use.

Password Protection

You are required to have a password to access our Services online via your account. You are responsible for maintaining the secrecy of your password and preventing unauthorized use. You agree to immediately notify ACH Foundation if you believe another person has obtained or used your account without authorization. You also agree not to reveal your username and password to any other person. You will only be permitted to access those portions of our Services for which you have been granted permission.

Message Boards & Other Public Forums

Participation in message boards, blogs, chatrooms, and other public forums is voluntary. By choosing to post or send messages or participate in public forums, you acknowledge and agree that any information or content provided by you may be viewed by the general public and will not be treated as private or confidential. ACH Foundation reserves the right to edit or remove content submitted by you or others if it violates our Terms of Use or is otherwise deemed inappropriate.

Personal Home Page

Access to website development tools and fundraising web space to create a Personal Home Page may be provided to you. Your use of the Personal Home Page and related services may require your agreement to additional terms. By registering for a Personal Home Page, you agree to these Terms of Use and any additional terms.

Posted or Shared Content

Content posted or shared on our Services may be viewed as non-confidential and non-proprietary. By posting or sharing content, you grant ACH Foundation and licensees the right to use, copy, reproduce, disclose, sell, distribute, publicly display, and exploit such content. You represent that you own or have the right to use the content as stated. You agree not to post content that belongs to others without permission.

Availability of Service

ACH Foundation reserves the right to establish practices and limits concerning the Services and user accounts, including the maximum duration of information retention and disk space allotted. We may modify or discontinue Services at any time without notice. You acknowledge that we may log off inactive accounts and modify or discontinue Services without liability to you.

Shopping Cart Purchases & Online Donations

To make purchases or donations online, you must provide contact and payment information. By providing this information, you represent its accuracy and legality. All sales and donations are subject to our terms and conditions, including billing and tax policies. You are responsible for all charges incurred, and you authorize us to charge your payment card for any outstanding fees or donations submitted online via our Services.

8. Acceptable Use Policy for Services

You are prohibited from using the Services or our Services to undertake any actions that:

(i) Infringe upon any third party’s intellectual property rights (including copyright, patent, trademark, trade secrets) or other proprietary rights, or rights of publicity or privacy;

(ii) Violate any applicable law, statute, ordinance, or regulation (including those regarding export control);

(iii) Are defamatory, libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discriminatory based on race, ethnicity, gender, sex, or disability, pornographic, or obscene;

(iv) Interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on ACH Foundation or its licensors or suppliers’ infrastructure;

(v) Involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful, malicious, or deleterious programming routines;

(vi) Involve the preparation and/or distribution of “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violates the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);

(vii) Encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international laws or regulations;

(viii) Involve unauthorized entry to any machine accessible via the Services or interference with our Services or any servers or networks connected to our Services or disobey any requirements, procedures, policies, or regulations of networks connected to our Services, or attempt to breach the security of or disrupt Internet communications on our Services;

(ix) Impersonate any person or entity, including, without limitation, one of ACH Foundation’s or others’ officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(x) Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted through our Services;

(xi) Collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or our Services;

(xii) Execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between our Services’ servers or any data not intended for you;

(xiii) Attempt to circumvent authentication or security of any content, host, network, or account (“cracking”) on or from our Services;

(xiv) Are contrary to ACH Foundation’s public image, goodwill, reputation, or mission or otherwise not in furtherance of our Mission.

Furthermore, you are prohibited from directly or indirectly:

(i) Modifying, enhancing, altering, or preparing derivative works based on any of ACH Foundation’s, its licensors or suppliers' content, software, or infrastructure;

(ii) Decompiling, decoding, unlocking, attempting to discover the source code of, or otherwise reverse-engineering any of ACH Foundation or its licensors or suppliers' software or infrastructure;

(iii) Sublicensing, selling, renting, leasing, transferring, assigning, or conveying any rights under these Terms of Use to any third party, or otherwise commercially exploiting or profiting from the information or content of our Services (or any part or portion thereof).

Improper use of our Services will result in loss of your account access and may result in civil and criminal liabilities.

9. Use Restrictions

You recognize that the Services may contain content protected by copyright, trademarks, patents, or other proprietary rights, which are valid and safeguarded across all forms, media, and technologies, both current and future.

It is acknowledged that the Content belongs to ACH Foundation and its licensors, and you expressly disclaim any claims of ownership over any Content due to your usage of or entitlement to use the Services. You agree to abide by all copyright and trademark laws and refrain from asserting any rights to the Content. You are prohibited from modifying, transmitting, participating in the sale or transfer of, or creating derivative works based on any Content, either wholly or partially.

Furthermore, you agree not to directly or indirectly alter, enhance, or create derivative works based on ACH Foundation's content, software, or infrastructure, or attempt to tamper with, decompile, decode, unlock, or reverse engineer any of the ACH Foundation's software or infrastructure.

You undertake not to:

(i) Post or transmit to ACH Foundation any defamatory, pornographic, threatening, obscene, or otherwise unlawful materials, or encourage the commission of such offenses.
(ii) Copy the Website or Services without prior permission.
(iii) Introduce viruses or other harmful components, or tamper with, impair, or damage the Website or Services.
(iv) Interfere with any person or entity's use or enjoyment of the Website or Services.
(v) Use the Services in a manner that violates any applicable laws.

By utilizing our Services, you also commit to the following Community Guidelines:

Act with integrity, authenticity, and respect towards others.
Contribute to maintaining a safe, productive, and inclusive community.
Handle our Content with care and adhere to these Terms of Use.
Refrain from attempting to collect or store personal data about other account users or accessing other users' accounts.
Avoid engaging with our Services in violation of these Terms of Use or any applicable laws or regulations, including the CAN-SPAM Act of 2003.
Refrain from spamming or engaging in hate speech, bullying, harassment, misinformation, or any actions that could result in violence, physical harm, or any other harm.

10. Trademarks

Below is a non-exhaustive compilation of ACH Foundation's trademarks. The absence of any product or service name or logo from the following list does not waive ACH Foundation's rights concerning that name or logo: www.alicechumphrey.org, www.alicehumphrey.org, and all related names, logos, product and service names, designs, and slogans are trademarks of ACH Foundation or its licensors. You are prohibited from using these marks without prior written permission from ACH Foundation.

The trademarks, logos, and service marks exhibited on the Website (including those mentioned above) belong to us or third parties (employers or associated organizations). You are not authorized to utilize these trademarks, logos, or service marks without our prior written consent or the consent of the third party that owns them. By featuring these marks on this Website, ACH Foundation does not grant you any intellectual property rights belonging to ACH Foundation or any third party.

11. Indemnification

You agree to indemnify, defend, and hold harmless ACH Foundation and its respective officers, directors, board members, board advisors, employees, partners, agents, successors, and assigns from any loss, liability, claim, or demand, including attorney’s fees, arising from your use of the Website and Services. This indemnification extends to any claims made by third parties or ACH Foundation due to or arising from your violation of any provision of these Terms of Use.

However, ACH Foundation reserves the exclusive right to settle, compromise, and pay any and all claims or losses associated with this indemnification. You will not settle any claims or losses without the prior written consent of an officer of ACH Foundation. This provision does not intend to limit any causes of action against us that you may have but are not waivable under applicable law.

12. Links to Third-Party Websites

ACH Foundation does not make any representations or warranties regarding any website that you may access through the Services or through individuals or companies recognized on our Services due to their donations or sponsorships in support of our Mission. We do not monitor or control such websites. ACH Foundation is not responsible for or liable for any content on such websites or resources that we do not own or control. Your use of all such links to third-party websites is at your own risk. If ACH Foundation provides links to or references any third parties or third-party websites, it is only for convenience and does not imply endorsement, adoption, sponsorship, or affiliation with such a third party or its services.

13. DMCA Notice

ACH Foundation will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). If you (or your agent) believe that any of the content on our Services infringes your copyrights, please provide ACH Foundation’s designated copyright agent written notice (whose contact information provided below) with the following information:

1. A subject line that says: “DMCA Copyright Infringement Notice”.

2. An electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

3. Identification and description of the copyrighted work claimed to have been infringed, or, if you believe that multiple copyrighted works have been infringed on our Services, a representative list of such works.

4. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ACH Foundation to locate the material. Providing the full URL of the page(s) on our Services on which the material appears is the best way to help us locate content quickly.

5. Information reasonably sufficient to permit ACH Foundation to contact you, such as your full name, address, telephone number, and an electronic mail address at which you may be contacted.

6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.

7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide all of the information requested above. No specific form is required to provide ACH Foundation with notifications of possible infringement. However, it will take ACH Foundation longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.

ACH Humphrey will only respond to DMCA notices it receives by email at the address below:

Attention: Designated Copyright Agent

Legal Department

Email: hello@alicechumphrey.org

14. Submissions
In relation to anything you submit to ACH Foundation, whether solicited or not, you acknowledge that any creative ideas, suggestions, or other materials you submit are not provided in confidence or trust. No confidential or fiduciary relationship is intended or established between you and ACH Foundation in any way. You understand that you have no expectation of review, compensation, or consideration of any kind for such submissions.

15. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL ACH FOUNDATION, OUR LICENSORS, OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE WEBSITE OR SERVICES. IT IS YOUR RESPONSIBILITY TO ASSESS THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE WEBSITE OR SERVICES. NOTHING IN THIS SECTION IS INTENDED TO RESTRICT ANY RIGHTS YOU HAVE THAT MAY NOT BE LAWFULLY LIMITED.

IN NO EVENT SHALL ACH FOUNDATION, OUR LICENSORS, OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE CONTENT, SERVICE, OR THESE TERMS OF USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM (A) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, SERVICES, OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICES OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ACH FOUNDATION CONTROLS AND OPERATES THE SERVICES IN THE UNITED STATES OF AMERICA AND MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) OR THAT ITS SERVICES OR CONTENT ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC AREAS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR COMPLIANCE WITH ALL APPLICABLE LAWS WHEN ACCESSING OUR CONTENT OR SERVICES FROM A COUNTRY OTHER THAN THE UNITED STATES OF AMERICA. ACH FOUNDATION DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR TIMELINESS OF ANY INFORMATION PROVIDED ON ITS SERVICES IN LANGUAGES OTHER THAN ENGLISH.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS ACH FOUNDATION’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR CONTENT IS TO CEASE USING THE SERVICES.

ACH FOUNDATION PROVIDES ALL INFORMATION ON THIS WEBSITE AND THE SERVICES, INCLUDING BUT NOT LIMITED TO TEXT, IMAGES, AND LINKS, ON AN “AS IS” BASIS TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; INFORMATIONAL CONTENT OR ACCURACY; NON-INFRINGEMENT; QUIET ENJOYMENT; TITLE; UNINTERRUPTED OR ERROR-FREE OPERATION; CORRECTION OF DEFECTS OR ERRORS IN THE WEBSITE; FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR COMPATIBILITY WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.

IN CERTAIN INSTANCES, ACH FOUNDATION PERMITS THIRD PARTIES TO PROVIDE TESTIMONIALS AND INFORMATION, AND IN CERTAIN SITUATIONS, CREATE PERSONAL HOME PAGES FOR FUNDRAISING PURPOSES IN FURTHERANCE OF OUR MISSION. ACH FOUNDATION MAY FROM TIME TO TIME POST ARTICLES AND OTHER INFORMATION PROVIDED BY THIRD PARTIES THAT MIGHT BE OF INTEREST OR BENEFIT TO THE PUBLIC AND USERS OF OUR SERVICES. YOU ACKNOWLEDGE THAT THE OPINIONS AND RECOMMENDATIONS OF THIRD PARTIES CONTAINED ON OUR SERVICES ARE NOT NECESSARILY THOSE OF ACH FOUNDATION OR ENDORSED BY ACH FOUNDATION, AND ACH FOUNDATION DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO OUR SERVICES.

IF YOU ARE A USER BASED IN NEW JERSEY, THE FOREGOING SECTION 12 IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTION OF THE APPLICABLE SECTION.

16. Governing Law

You and ACH Foundation mutually consent that, except for the Arbitration Agreement as outlined below, these Terms of Use and all claims, disputes, or other legal proceedings between You and ACH Foundation shall be governed by the laws of the State of Texas, without considering any conflict-of-laws principles that might otherwise advocate for the application of another jurisdiction's law. This encompasses but is not confined to any claims or disputes arising from or connected to these Terms of Use or your utilization of these Services.

17. Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

The section regarding Dispute Resolution through Binding Arbitration, referred to herein as the "Arbitration Agreement," stipulates the following:

Agreement to Arbitrate

You and ACH Foundation mutually agree that any disputes or claims arising between you and ACH Foundation, whether arising from or related to these Terms of Use (including any breach thereof), the Website, or the Services, must be resolved through final and binding arbitration, rather than litigation in a court. This Arbitration Agreement is intended to have a broad interpretation and will govern all such disputes.

Waiver of Right to Jury Trial

By agreeing to these Terms of Use, you and ACH Foundation waive the right to a trial by jury or participation in a class action. Disputes will be decided by a neutral arbitrator.

Waiver of Class-Action, Class and Mass-Arbitration

Arbitration will occur on an individual basis only, not as part of any class or mass action. Both parties waive the right to file a class action or seek relief on a class basis.

Opt-out of Mandatory Arbitration:

You have the option to reject the Arbitration Agreement within 30 days of accepting these Terms by emailing ACH Foundation at hello@alicechumphrey.org with your name, email address, and intent to opt-out. Opting out does not affect other provisions of these Terms.

Pre-Arbitration Dispute Resolution

Efforts to resolve disputes amicably can be initiated by contacting ACH Foundation at hello@alicechumphrey.org. If unresolved, a written Notice of Dispute must be sent to the other party before commencing arbitration.

Arbitration Procedures

Arbitration will be conducted in accordance with the American Arbitration Association’s rules. The arbitrator will decide all issues, and the proceedings will be confidential. Hearings will generally take place in Houston, Texas.

Payment of Arbitration Fees

Filing and administration fees will be governed by AAA rules.

Severability of Terms

If any part of this Arbitration Agreement is found to be invalid or unenforceable, it will be replaced with a valid provision. If the waiver of class actions is deemed invalid, the entire Arbitration Agreement becomes void.

Future Changes to Arbitration Agreement

If ACH Foundation makes changes to the Arbitration Agreement, you may reject such changes within 30 days. Rejecting changes means disputes will be resolved according to the original terms of the Agreement.

18. Severability of Terms of Use

If any provisions within these Terms of Use are found to be unenforceable or invalid by a final, valid, and enforceable decision, those provisions will be considered severed and will not impact the validity and enforceability of the remaining parts of these Terms of Use. The unaffected parts will continue to apply.

19. Entire Agreement
These Terms of Use form the complete agreement between you and ACH Foundation regarding the Services, your usage of the Website and Content. They override any previous agreements, whether oral, written, or otherwise, as well as any prior discussions, negotiations, agreements, and understandings between you and ACH Foundation regarding the subject matter concerning the use of the Services, Website, or Content.

20. Exclusive Jurisdiction and Place of Venue
Regarding any disputes or claims exempt from arbitration, as previously outlined, you and ACH Foundation consent to the personal and exclusive jurisdiction of the state and federal courts situated within the City and County of Houston, Texas. However, ACH Foundation reserves the right to seek equitable relief in any court with appropriate jurisdiction. You waive any objections to the jurisdiction of these courts and agree to accept venue in such courts.

21. Non-Waiver of Rights and Provisions of these Terms of Use
ACH Foundation's failure to enforce any right or provision in these Terms of Use does not waive its right to enforce such provisions in the future.

22. Termination

ACH Foundation reserves the right to terminate this Agreement or your access to the Services at any time, at its sole discretion. You acknowledge that any termination of your account and/or access to the Services may occur without prior notice. ACH Foundation may immediately deactivate or delete your account and any associated information, files, or content, and may bar any further access to such information or content by you or others.

Upon termination, ACH Foundation will no longer have any obligation or responsibility to you regarding the terminated Services, and you will likewise have no further obligations or responsibilities to ACH Foundation concerning the terminated Services. However, this provision does not affect any liability, responsibility, or obligation of either party existing or arising before the termination takes effect. Your obligations under these Terms of Use, including indemnification and other provisions intended to survive termination, shall continue even after your access to the Services has ended.

23. Privacy

For more information about our data handling practices, please see our Privacy Policy.

24. Contact

You may contact ACH Foundation through email at hello@alicechumphrey.org with any questions regarding this Arbitration Agreement and Terms of Use.

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