Marguerite Casey Foundation Website “Terms of Use”
“Policies Terms & Conditions”
Effective Date: January 2011

Introduction

This website ( www.caseygrants.org or margueritecaseyfoundation.org), along with the websites, www.equalvoice2008.com, equalvoice2008.net, equalvoice2008.org, equalvoiceforfamilies.com and www.equalvoiceforfamilies.org (collectively, the “Site”), are owned and operated by the Marguerite Casey Foundation (“we,” “our,” “us” or the “Foundation”), a nonprofit corporation existing under the laws of the state of Washington, U.S.A., address below. The Site contains material which is derived in whole or in part from the Foundation and other sources.

Your use of our Site or your provision to us of any content or personal information constitutes your agreement to these terms (the “Terms of Use”), including but not limited to the privacy and information security policy (the "Privacy Policy") all as amended from time to time. Do not use the Site or provide content or personal information if you do not agree to the Terms of Use or if your jurisdiction will not honor them.

The Foundation agrees to provide you access to its Site subject to these Terms of Use. You agree to use our service in accordance with these Terms of Use. Because the web is an evolving medium, we may need to change these Terms of Use from time to time, in which case we will post the revised Terms of Use on the Site. By continuing to use the Foundation’s Site after we post any such changes, you accept the Terms of Use, as modified.

Content and Restrictions on Its Use

The Site contains a variety of information, including data, text, software, music, sound, photographs, graphics, video, messages or other materials that we, you or others upload, post or otherwise provide in connection with the Site ("Content").

The Site and its contents are protected by international copyright, trademark and other intellectual property laws. The intellectual property rights are owned by the Foundation or its licensors (which may include you). No title to copies or to intellectual property rights are transferred to users—all title and rights remain with the Foundation.

You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including code and software, except as authorized in the following sentence:

Much of the Content on the Site is not available for downloading, such as our copyrighted works that we do not distribute or works of others that we are not permitted to distribute. However, we also have a significant amount of Content that we have designated as Content that may be downloaded by you pursuant to these Terms of Use ("Available Content"). You may review, download, copy, distribute and use the available content solely for the purpose of furthering your mission in the ordinary course of your governmental or charitable purpose and attendant operations. You may not sell the available content or otherwise distribute it for a fee. You will not use or disclose it or the site to any third parties except as expressly permitted by these Terms of Use.

License to the Foundation

When you post a message, upload a file, or otherwise provide us with Content for display on the Site, you are granting the Foundation a royalty-free, perpetual, non-exclusive, unrestricted, irrevocable, worldwide license to:

1. use, copy, sublicense, adapt, modify and create derivative works from, and distribute, transmit, broadcast, publicly perform or publicly display any such Content; and

2. sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Content.

The foregoing grants include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark or patent laws under any relevant jurisdiction.

In addition to the rights above, you acknowledge and agree that we may keep Content indefinitely and disclose it for any purpose, including but not limited to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) without undertaking a duty to do so, protect the rights, property, or personal safety of the Foundation, its users and the public.

When you provide Content, you represent and warrant that the Content is (a) wholly your original work, or (b) that you have all necessary right, title, interest and licenses to upload it and make it available to the Foundation and other users for download, distribution and use under these Terms of Use without violation (by you, us, third parties, users or anyone else) of any applicable license, restriction or law.

Privacy

Our Privacy Policy is part of these Terms of Use and is incorporated herein. Do not provide, or allow others to provide, personal information about anyone unless you, on your own behalf and on behalf of anyone whose information you provide have reviewed and agree with the Privacy Policy.

Links to Other Websites

The Foundation may provide links to other websites merely for your convenience. The Foundation does not control these linked websites and makes no representation regarding the quality, nature or reliability of any other websites. The inclusion of any link does not imply The Foundation's endorsement of such linked website. Anyone linking to a The Foundation Site must comply with the Foundation’s Site Linking Requirements (see next section) and all applicable laws.

Site Linking Requirements

Unless we have a written agreement with you, you may not present the link to our Site in any way that suggests the Foundation has any relationship or affiliation with your Site, or endorses, sponsors or recommends the information, products or services on your Site. Link only to the home page of the Foundation's Site, unless you have the Foundation's prior, written permission to link to another page. Also, you may not without the Foundation's prior, written permission: (a) incorporate any content from our Site into your Site (e.g., by in-lining or framing); (b) use any the Foundation name or tagline or other information identifying the Foundation Site in any "metatag" or other information used by search engines or other information location tools to identify and select Sites. The Foundation will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful Site, or any Site that may adversely affect the Foundation's name, reputation, and/or goodwill. The Foundation reserves the right to cancel permission to link at any time and for any reason.

Your Use of the Site and Interactive Areas

Services offered on the Foundation’s Site may include bulletin boards, forums, chat rooms, comments, blogs or similar areas (“Interactive Areas”) that allow feedback to the Foundation and real-time interaction between users. The Foundation does not control the messages, information or files delivered to its unmoderated Interactive Areas. It is a condition of your use of the Interactive Areas and this Site that you do not:

• Restrict or inhibit any other user from using and enjoying the Interactive Areas.

• Pose or transmit any information you know to be false or misleading.

• Post or transmit any information that, in the Foundation’s opinion, is inappropriate for children.

• Collect or store personal data about other users of the Interactive Areas.

• Impersonate another person, whether a third party or a Foundation representative or moderator; or falsely state or otherwise misrepresent your affiliation with a person or entity.

• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

• Post or transmit any information, software or other material that violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

• Post or transmit any information, software or other material that contains a virus or other harmful component.

• Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains chain letters, junk mail, pyramid schemes or other forms of advertising.

You understand that the Foundation has no obligation to monitor the Interactive Areas. However, the Foundation reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in the Foundation’s sole discretion are objectionable or in violation of these Terms of Use. The Foundation reserves the right to terminate your access to the Interactive Areas upon breach of these Terms of Use.

EXCLUSIVE REMEDY; DAMAGE LIMITATION

YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS OF USE (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY) AND FOR ANY AGGREGATE DAMAGES DUE YOU (OR OTHERS RELATED TO YOU) BY THE FOUNDATION OR ANY OF THE THIRD PARTIES FOR ANY REASON RELATING TO ANY PART OF THE SITE, WILL BE AT OUR OPTION: (A) SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE CONTENT OR SERVICE CAUSING YOUR DAMAGE (IF ANY); OR (B) THE AMOUNT OF YOUR DAMAGES THAT ARE NOT EXCLUDED IN THE PRECEDING SECTION AND WHICH YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT WILL BE THE LESSER OF THE AMOUNT YOU ACTUALLY PAID US FOR THE ITEM CAUSING THE DAMAGE (IF ANY) OR THE AMOUNT OF SAID DAMAGES SO INCURRED. The damage exclusions and limitations in these Terms of Use are independent and will apply even if any remedy fails of its essential purpose.

NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES

TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER THE FOUNDATION NOR ANY OF THE THIRD PARTIES, WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OF REPUTATION, FOR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY ASPECT OF THE COMPLETE SITE OR TO ANY BREACH OF THESE TERMS OF USE (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY), EVEN IF WE OR A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.

Termination

These Terms of Use are effective until terminated by the Foundation, at any time without notice. In the event of termination, you are no longer authorized to access the Site, including bulletin boards or other interactive services. The restrictions imposed on you with respect to material downloaded from the bulletin boards, the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

NO WARRANTIES, CONDITIONS OR OTHER DUTIES

THE SITE AND ALL CONTENT, SITE FUNCTIONALITY, ASSISTANCE AND SERVICES PROVIDED BY SITE, THE FOUNDATION OR THIRD PARTIES (COLLECTIVELY, "COMPLETE SITE") ARE SUBJECT TO CHANGE AND PROVIDED BY US OR THIRD PARTIES "AS IS" WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE COMPLETE SITE IS PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS OF USE. ALSO, THERE IS NO WARRANTY BY US OR THIRD PARTIES OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

Infringement

Anyone who believes that their work has been infringed may provide a notice to our Copyright Agent as described below. It is our policy to terminate in appropriate circumstances any right of access for repeated infringement, and we also reserve the right to terminate for even one infringement.

Notice Regarding Copyright Agent

• The Foundation respects the intellectual property rights of others and requests that Site users do the same. Anyone who believes that their work has been infringed under copyright law may provide a notice to the designated Copyright Agent for the Site containing the following:

• An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;

• Identification of the copyrighted work claimed to have been infringed;

• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Foundation to locate the material;

• The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

• A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

• A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright infringement claims and notices should be sent in the following manner to:

Marguerite Casey Foundation
1425 4th St Suite 900
Seattle, WA 98101
Attention: Kathleen Baca

Phone: (206) 691-3134
Fax: (206) 286-2725
TTY: (206) 273-7395

Other Notices to Us

You agree to send us notice by mailing it to the following:

Marguerite Casey Foundation
1425 4th St Suite 900
Seattle, WA 98101
Attention: Legal

Phone: (206) 691-3134
Fax: (206) 286-2725
TTY: (206) 273-7395

Notice to You

You agree that we may give all notices we are required to give you by posting notice on the Site or, if we have your email address, by sending notice by email at our discretion, including (without limitation), disclosures that we are required to give you, legal notices, notice of subpoenas or other legal process (if any), and all other communications. When we communicate by email, we may use any email address you provide when communicating with us or that we otherwise have in our records, so only supply to us an email address at which you are willing to receive all communications, including “legal” or potentially sensitive communications such as information about a job or grant application. You agree to check for notices posted on the Site.

GOVERNING LAW AND EXCLUSIVE JURISDICTION

These Terms of Use and your use of the Site are governed by the laws of the state of Washington, U.S.A., without regard to its choice of law provisions, except where you are required by published governmental law, ordinance, regulation, directive, order, or the like to contract for application of the law of your local jurisdiction. You hereby consent to exclusive jurisdiction of a state or federal court of general jurisdiction sitting in King County, Washington, U.S.A. except to the extent you are prohibited from doing so.

Other

The Site is controlled by us from our offices within the United States of America. If you choose to access the Site from locations outside the U.S. you do so at your own risk and you are responsible for compliance with any local laws. You may not use or export anything (including information) from the Site in violation of U.S. export laws or regulations or these Terms of Use.

These Terms of Use constitute the entire agreement between you and the Foundation with respect to its subject matter and supersede all previous and contemporaneous agreements, proposals and communications, written and oral. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to any principles or conflicts of law. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Trademark and Copyright Notices

Notice regarding trademarks: The trademarks used in the Site are owned by (1) the Foundation or (2) their respective trademark owners, and are either trademarks or registered trademarks of the Foundation. The names of actual companies and products mentioned in the Site may be the trademarks of their respective owners. You may not use any of the above or other trademarks displayed on the Site or in any Content. All rights are reserved.

Notice Regarding copyright ownership: Copyright 2009-2011 Marguerite Casey Foundation and/or its affiliates and suppliers. All rights reserved.