Last Updated: April 24, 2020
The Booz Allen Foundation (“Booz Allen Foundation,” “we,” or “us”) maintains the website boozallenfoundation.org and its subdomains (the “Sites”). These Terms of Use (“Terms of Use”) govern your use of the Sites. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY, AND A DISPUTE RESOLUTION CLAUSE THAT SPECIFIES THAT MOST DISPUTES ARISING OUT OF YOUR USE OF THE SITES WILL BE RESOLVED BY BINDING ARBITRATION, AND NOT IN COURT. BY USING THE SITES, YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TERMS OF USE (WHETHER OR NOT YOU CONFIRM YOUR AGREEMENT, SUCH AS BY CLICKING “I AGREE”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE THE SITES.
RELATED AGREEMENTS AND POLICIES
These Terms of Use incorporate by reference additional terms and conditions which also apply to your use of the Sites and provide supplemental terms and conditions applicable to certain services available on the Sites. These additional terms and conditions include:
Privacy Policy. You agree that we may collect, use, and disclose information we obtain about you in accordance with our Privacy Policy, which may be found here.
Grant Agreements. The Sites may include functionality to enable you to apply for and process grant applications for certain grants that we make to approved grantees. The terms and conditions for the grants and their application process are subject to a separate grant agreement (“Grant Agreement”), which may include terms related to qualifying for the grant, funding conditions, disclosure and reporting requirements, publicity and brand usage requirements, and intellectual property rights.
Additional Terms. Other functionality or portions of the Sites may be subject to additional terms (“Additional Terms”), which will be described in separate agreements posted on the applicable portions of the Sites. For example, use of services offered by third parties that are made available on the Sites may require you to agree to separate terms and conditions from such third-party service provider. The Additional Terms will control over these Terms of Use to the extent there is any conflict with these Terms of Use, but solely with respect to the specific functionality described in the Additional Terms and not to other portions of the Sites.
ACCESS TO AND USE OF THE SITES
The Sites are not directed to individuals under the age of 18. You must be at least 18 years of age in order to create an account or submit an application for a grant.
The Sites are controlled and operated by us from the United States and are not directed to persons outside of the United States.
EMAIL COMMUNICATIONS
If you subscribe to receive email communications from us, we may send you email communications to alert you to news about our activities and provide you with other information. If at any time you would like to stop receiving these email communications, you can follow the opt-out procedures described in such email.
PROHIBITIONS
You agree not to use the Sites or the content available on the Sites: (a) in violation of these Terms of Use or any law; (b) for any use other than your own personal and internal business use; (c) to transmit or display any material that is illegal, abusive, tortious, misleading, fraudulent, deceptive, defamatory, discriminatory, obscene, sexually explicit, libelous, violative or invasive of another’s privacy, hateful, threatening or otherwise objectionable, or that may harass or harm another individual; (d) to transmit any unsolicited or unauthorized advertising or promotional materials; (e) to transmit any material that contains adware, malware, spyware, software viruses, or any other harmful code; (f) to impersonate any person or entity, misrepresent your affiliation with a person or entity, or otherwise provide inaccurate or incomplete information as required by the Sites; (g) in a manner that infringes, misappropriates, or otherwise violates the intellectual property or other rights of a third party; (h) in a manner that exposes us to legal liability or otherwise harms us or any users; (i) to interfere with or disrupt the Sites or any networks used by us; or (j) to disparage or injure the reputation or goodwill of the Booz Allen Foundation, or any of its members, donors, officers, directors, or employees.
MATERIALS ON THE SITES
As between you and us, the Sites and all content and material on the Sites, including but not limited to all text, HTML code, graphics, photos, videos, animations, button images, and the site design, its selection and arrangement of content, and its “look and feel,” are owned or licensed by us and are protected pursuant to U.S. and foreign copyright, trademark, and other laws. No intellectual property or other rights in or to the Sites or its content or materials are transferred to you through your use of the Sites or under these Terms of Use. The Sites and the content and material on the Sites may not be modified, copied, distributed, republished, downloaded, uploaded, or commercially exploited in any manner without our prior written consent. The information provided on the Sites is provided solely for illustrative and/or informational purposes and does not create any business, contractual, or employment relationship. “Booz Allen Foundation,” “Booz Allen Hamilton,” “Booz Allen,” and any and all other service marks or trademarks used on the Sites are the registered and/or unregistered service marks or trademarks of the Booz Allen Foundation or its licensors and the goodwill associated with such service marks and trademarks remains with us or those other entities. The use of these or any other service marks or trademarks that are on the Sites is prohibited without express written permission from us and/or the owner of any such service mark or trademark. You must abide by all rights notices, information, or restrictions contained in or attached to any content or material on the Sites, and must not remove any trademark, copyright, or other notice from the Sites or any content or materials on the Sites.
THIRD PARTY LINKING
Unless expressly permitted, you may not create a link to any portion of the Sites. The Sites may contain links to other websites, including various social media websites. We do not regularly review materials on websites linked to from the Sites and do not necessarily endorse the materials appearing on any websites linked to from the Sites. We assume no responsibility for the content or the policies and practices of such other websites. We encourage you to be aware when you leave the Sites and to read the privacy policies of any other website that you visit.
NO WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
THE SITES, THE CONTENT AND MATERIAL ON THE SITES, AND ANY SERVICES PROVIDED THROUGH THE SITES ARE PROVIDED ’AS IS’ AND ‘AS AVAILABLE’, WITHOUT WARRANTY OF ANY KIND. ALL USE OF THE SITES, THE CONTENT AND MATERIAL ON THE SITES, AND THE SERVICES PROVIDED THROUGH THE SITES IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITES, THE CONTENT AND MATERIAL ON THE SITES, AND THE SERVICES PROVIDED THROUGH THE SITES. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE ON THE SITES IS ACCURATE, RELIABLE, COMPLETE, OR CURRENT, OR THAT YOUR ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR FREE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR MEMBERS, OUR SERVICE PROVIDERS, OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES OF ANY KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SITES, THE CONTENT AND MATERIAL ON THE SITES, OR THE SERVICES PROVIDED THROUGH THE SITES. CERTAIN STATE LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT OUR LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
You will indemnify and hold us harmless from and against any and all claims, losses, and damages, including attorneys’ fees, that arise in connection with your use of the Site or your breach of these Terms of Use (including the Privacy Policy, Grant Agreement, any Additional Terms, and any other terms incorporated in these Terms of Use).
REFUSAL OF SERVICE; MODIFICATION OF SITES
We reserve the right to refuse service, disable or prohibit logins or accounts, remove or edit content, limit access to content, or modify or discontinue any portion of the Sites in our sole discretion. We may terminate, suspend, or modify your access to all or part of the Sites, without notice, if you violate these Terms of Use or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable law or is otherwise harmful to the interests of us, any other user of the Sites, or any third party.
MODIFICATION TO THESE TERMS OF USE
We have the right to change these Terms of Use without prior notification to you. If we make a change to these Terms of Use, we will change the effective date above. We suggest you review these Terms of Use from time to time. If we materially change these Terms of Use, we will provide a notice of such changes via email or by posting a notice on the Sites.
DISPUTES
These Terms of Use shall be governed by the laws of Washington, D.C. without regard to its conflicts of law rules, and the Federal Arbitration Act. If any controversy or claim between you and us arises out of your use of the Sites or these Terms of Use that is not resolved through direct discussions or mediation, the dispute shall be resolved by final and binding confidential arbitration before a single neutral arbitrator administered by the American Arbitration Association in accordance with its consumer arbitration rules or subsequent versions thereof (“AAA Rules,” available at www.adr.org) or, if the claims qualify, in small claims court. In arbitration there is no judge or jury, and court review of an arbitration award may be limited. However, an arbitrator can award on an individual basis the same damages and relief as a court. To begin an arbitration proceeding, the party bringing a claim must send a letter to the other party requesting arbitration that describes the claim. We will send the letter to the address or other contact information you have provided us. You must send the letter to us at: Booz Allen Foundation, 901 15th St. NW, Washington, DC 20005. Attention: Executive Director. The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in Washington D.C. You may choose to have the arbitration conducted by telephone, based on written submissions or in person in the county where you live or at another mutually agreed location. We each agree that the statute of limitations for asserting any claims arising out of use of the Sites or these Terms of Use shall be a period of one year from your last use of the Sites. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Notwithstanding the foregoing, either of us may bring suit in court to enjoin infringement or other misuse of confidential information or intellectual property rights.
MISCELLANEOUS
These Terms of Use, together with any agreements or policies incorporated herein, constitute the entire and exclusive agreement between us with respect to their subject matter, and govern your use of the Sites, superseding any prior agreements or negotiations between us with respect to that subject matter. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, you nevertheless agree that the arbitrator or court should endeavor to give effect to our intentions as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
CONTACT
If you have any questions about these Terms of Use, please contact us at team@boozallenfoundation.org. Because email communications are not always secure, please do not include sensitive information in your emails to us.