TERMS & CONDITIONS

TERMS OF SERVICE

Last Modified: April 1, 2021

wildelementsfoundation.org (the “Website”) is a website associated with the Wild Elements Foundation, a nonprofit public benefit corporation organized under the laws of California ("WE Foundation," "we," "us," or “our”). The purpose of the Website is to support WE Foundation's mission of protecting and advancing women’s rights in education, employment, family economic security, and health – with special attention given to the needs of low-income women and their families. WE Foundation encourages you to visit the Website and to keep the experience enjoyable and interesting for all involved - WE Foundation  requires you to abide by the Website terms of use set forth below.

Acceptance of the Terms of Use

The following terms of use, together with any documents they expressly incorporate by reference (collectively, "Terms"), govern your access to and use of the Website, including any content, functionality, and services offered on or submitted through the Website, whether as a guest or a registered user.

Please read the Terms carefully before you start to use the Website. You understand that your use of the Website, registration on the Website or use of this or any other WE Foundation website, mobile app, online portal, electronic forms, surveys and interactive exhibits managed by WE Foundation (collectively the “Site”), constitutes your agreement to be bound and abide by these Terms and our Privacy Policy, found here, including any Additional Special Privacy Terms contained therein, which are incorporated herein by reference, when you access or use the Site.

If you do not want to agree to these Terms or the Privacy Policy, including any Additional Special Privacy Terms contained therein, you must not access or use the Site.

Some users of the Site are employees or other agents of entities, so references to "you" means both: (1) any entity or individual that is your employer or for whom you act as agent, and (2) the "user" individually unless otherwise stated on the Site or in these Terms.

The Site is not intended for children under 13 years of age.   By using the Site, you represent and warrant that you are at least 13 years of age or older at the time you are accessing or using the Site. If you do not meet the minimum age requirement, you must not access or use the Site.

Changes to the Terms of Use

WE Foundation may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter.

Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.  The date these Terms were last revised is identified at the top of the page. You are responsible for periodically visiting the Website homepage and these Terms to check for any changes.

Accessing the Site and Account Security

WE Foundation reserves the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

To access the Site or some of the resources or features offers (e.g. submit an expression of interest or make a donation), you may have to complete a registration process or create a profile for use in applying for something (e.g., a job or a grant) whereby you may be asked to provide certain personal information to complete registration or other action. Completion of the registration process will usually include creating an account with a user name and password or other identifier which you agree to guard as confidential information.  You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy including but not limited to any Additional Special Privacy Terms or third-party vendor policies referenced or linked therein.   

It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. If you provide (or WE Foundation has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, WE Foundation may suspend or terminate your access to the Site, any application, grant or participation in a program, in addition to exercising all rights and remedies allowed by law.

If you choose, or are provided with, a user name, password, or any other piece of information as part of WE Foundation’s  or its third-party vendor security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. If you are careless with it, others may be able to access your information.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree that you are required to and will ensure that you exit/log out from your account(s) at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information and you may want to quit the internet browser you used to visit the Site in order to help avoid private information disclosure. You agree to accept all risks of unauthorized access to your registration data and any other information you provide to WE Foundation.   

WE Foundation has the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights

The Site and its entire contents, material, features, and functionality (including but not limited to all information, data, software, text, displays, images, music, sound, photographs, video, and audio, and the design, selection, and arrangement thereof) are owned by WE Foundation, 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 permit you to use the Site for your personal, non-commercial use only.

We provide information and resources on the Site in connection with WE Foundation's mission, including articles, press releases, photographs, client stories and case studies, reports, newsletters, video broadcasts, e-newsletters, quarterly updates, Client’s annual reports, and interviews with personnel, corporate and community partners, clients, and volunteers (collectively, Publications”). Unless otherwise expressly stated, all content provided on the Site is intellectual property that belongs to us.

You are permitted to download information from the Site for your own personal informational  use and not for further reproduction, publication, or distribution except as expressly provided in these Terms.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by WE Foundation end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

Notwithstanding anything to the contrary contained in these Terms, you may copy, distribute, adapt, and transmit content from this Site solely for not-for-profit or educational purposes, provided that the use contains the following attribution: “Reproduced with permission of Wild Elements Foundation”.  You may not suggest any other relationship, endorsement or affiliation with us unless you obtain our express written permission.

You may not use or duplicate any WE Foundation logos or trademarks without express written permission from WE Foundation.

To request permission for use of copyrighted material, trademarks, or logos, or if you wish to make any use of content and/or material on this Site other than that is set out in this section, please send an email and address your request to foundation@wildelements.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will stop immediately and you must, at WE Foundation’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by WE Foundation. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

Wild Elements Foundation name(s), Wild Elements Foundation trademark(s), the Wild Elements Foundation logo(s), and all related names, logos, product and service names, designs, and slogans are trademarks of WE Foundation or its affiliates or licensors. You must not copy, imitate or use, in whole or such part, such marks without the prior written permission of WE Foundation or the applicable trademark holder. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate WE Foundation, a WE Foundation employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm WE Foundation or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without WE Foundation’s prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

User Contributions

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "Post") content or materials (collectively, "User Contributions") on or through the Site.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you Post to the Site will be considered non-confidential and non-proprietary. By Posting any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.   By providing any User Contribution and or otherwise transmitting material to us, you grant us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute, adapt, publish, create derivative works based on, perform, and display such User Contribution and/or other material (in whole or in part) and to incorporate it in any works, in any form, media, or technology now known or later developed, without compensation to you or any third party or any obligation to provide attribution to you or any third party.

When you Post a User Contribution that includes any material from another source, you must obtain all necessary permissions from the author, publisher or owner of the material in advance of the Post and include all required copyright notices as well as clear and conspicuous attribution to such third party source.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not WE Foundation, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

WE Foundation does not control or endorse, and is not responsible or liable to you or any third party for the content or accuracy of any User Contributions Posted by you or any other user (including WE Foundation’s employees who maintain profiles or participate in Interactive Services) of the Site. In addition, WE Foundation cannot control use or misuse by others of information you Post in the Interactive Services of the Site.

Accordingly, you acknowledge and agree that under no circumstances will WE Foundation be liable for any loss or damage caused by (a) your reliance on User Contributions you gain access to on or through the Site; or (b) use or misuse by any Site user or third party of any User Contributions that you Post in connection with your use, or otherwise in connection with your use of the Site.

Monitoring and Enforcement; Termination

WE Foundation has the right to:

  • Remove or refuse to Post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us.
  • Disclose your identity or other information about you to any third party who claims that material Posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, WE Foundation has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS WE FOUNDATION AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WE FOUNDATION/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER WE FOUNDATION, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Notwithstanding anything to the contrary contained herein, we cannot and do not undertake to review all material before it is Posted on the Site, and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

WE Foundation has adopted these Content Standards to ensure that information and views can be shared in a productive and enjoyable manner for everyone. These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.

You must report any violation of these Content Standards via e-mail to: foundation@wildelements.com

Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see WE Foundation’s Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of WE Foundation to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any user or other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by We Foundation, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of WE Foundation. You acknowledge and agree that we are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Site

The Site is provided “as is” and “as available”, and we may change all content, functionality and services in our discretion at any time.  We may also do this for particular activities even if you have started to participate. For example, we can change a job or grant description at any time even if you have already applied, and not all jobs or grants may be Posted at all or on the Site – we use various methods for pursuing our mission and they are not limited to the Site. Also, we or third parties might make a mistake and we reserve the right to correct anything, including but not limited to content, services or assistance made available on or through the Site. For example, we may correct, change, withdraw or do anything else with a job or grant description even if you have already taken action based on it. 

You acknowledge and agree that we may update the content and/or material on this Site from time to time and its content and/or material is not necessarily complete or up-to-date. Further, you acknowledge and agree that any of the content and/or material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Site

All information we collect on the Site is subject to our Privacy Policy, including but not limited to any Additional Special Privacy Terms or third-party vendor policies referenced or linked therein By using the Site, you consent to all actions taken by us with respect to your information in compliance with the foregoing policies.

Online Purchases and Other Terms and Conditions

All purchases through the Site or other transactions for the sale of goods, services, or information formed through the Site, or resulting from visits made by you, are governed by WE Foundation’s Terms of Sale, which are hereby incorporated into these Terms.

Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

Linking to the Site and Social Media Features

You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage WE Foundation’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on WE Foundation’s part.

The Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Site.
  • Send emails or other communications with certain content, or links to certain content, on the Site.
  • Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Site other than the Website homepage.
  • Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in WE Foundation’s discretion.

Links from the Site

If the Site contains links to other websites 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 Foundation has no control over the accuracy or availability of the contents of those websites or resources, and accepts 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 Site, you do so entirely at your own risk and subject to the terms and conditions of use for and privacy policies for such websites.  We Foundation does not endorse those organizations or the information provided by other organizations. Any concerns regarding any such service or resource, or any link, should be directed to the particular service or resource directly.

Geographic Restrictions

The owner of wildelementsfoundation.org is based in the State of California in the United States. WE Foundation makes no representation that the Site or any of its content is accessible, appropriate or available for use in locations outside of the United States, and access to the Site from territories where its contents are illegal is hereby prohibited. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with any and all applicable local laws, including but not limited those that would restrict you from visiting and/or making any financial transactions through the Site, such as making a donation.

You may not use or export anything (including information) from the Site in violation of U.S. export laws, regulations or the Terms.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE COMPLETE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY OTHER WEBSITE LINKED TO IT.

YOUR USE OF THE COMPLETE SITE, ITS MATERIAL AND/OR CONTENT (regardless of who generates it), AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE COMPLETE SITE, ITS MATERIAL AND/OR CONTENT (regardless of who generates it), SITE FUNCTIONALITY, ASSISTANCE AND ANY SERVICES OR ITEMS PROVIDED OR OBTAINED THROUGH THE SITE, WE FOUNDATION OR THIRD PARTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT UNDERTAKING ANY DUTY, OF ANY KIND, EITHER EXPRESS 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. 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 AND/OR MATERIAL 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.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED IN THESE TERMS AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, YOU AGREE THAT IN NO EVENT WILL WE FOUNDATION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE COMPLETE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE COMPLETE SITE 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 PRIVACY OR SECURITY, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF REPUTATION, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, FOR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION 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 (INCLUDING, WITHOUT LIMITATION, THE PRIVACY NOTICE), AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCTS LIABILITY, MISREPRESENTATION, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF WE FOUNDATION OR A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, AND EVEN IF FORESEEABLE.

YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY NOTICE) AND FOR ANY AGGREGATE DAMAGES DUE YOU (OR OTHERS RELATED TO YOU) BY WE FOUNDATION OR ANY OF THE THIRD PARTIES FOR ANY REASON RELATING TO ANY PART OF THE COMPLETE 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 FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless WE Foundation, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information and/or material obtained from the Site.  WE Foundation reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE 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 WE Foundation of any term or condition set out in these Terms 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 WE Foundation to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. 

If any provision of these Terms 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 will continue in full force and effect.

Entire Agreement

These Terms, our Privacy Policy, Terms of Sale, Content Standards and Copyright Policy constitute the sole and entire agreement between you and WE Foundation regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Your Comments and Concerns

This Site is operated by Wild Elements Foundation, 1000 Louisiana Street, Suite 7000, Houston, TX 77002

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: foundation@wildelements.com.

Any comments or materials sent to WE Foundation (via any medium including e-mail and regular mail) including feedback data, such as questions, ideas, comments, suggestions, or the like regarding this Site or any other products or programs of WE Foundation (collectively "Feedback"), shall be deemed to be non-confidential and shall become the sole property of WE Foundation. You hereby assign all rights in the Feedback to WE Foundation, and WE Foundation shall have no obligation of any kind with respect to such Feedback. Without limiting the foregoing, WE Foundation shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation, without acknowledgment or compensation to you. Further, you expressly waive any moral rights you may have in such Feedback.

 COPYRIGHT POLICY

Reporting Claims of Copyright Infringement.

We respect the intellectual property rights of others and request that Site users do the same.  We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials displayed on made or from the Site infringes your copyright, you may request removal of those materials (or removal of access to them) from the Site by submitting written notification to WE Foundation’s copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such material works you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material identified on is not authorized by the copyright owner, its agent, or the law.
  • A statement, under penalty of perjury, that the information in the written notice is accurate and that you are authorized to act on behalf of the copyright owner of the exclusive right that is alleged to be infringed.
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.

Please send this notice to WE Foundation’s designated copyright agent to receive DMCA Notices:

Wild Elements Foundation

1000 Louisiana Street, Suite 7000, Houston, TX 77002

Attention: Heidi Nel, Copyright Agent

Email: heidi@wildelements.com

phone:

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to WE Foundation’s copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is WE Foundation policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Donation Refund Policy

WE Foundation grateful for all donations received in support of its work. Due to restrictions imposed by law and the nature of charitable donations, we cannot provide refunds for donations once they have been received. However, if you believe that your donation was made in error, please contact us at foundation@wildelements.com and we will do our best to ensure that all mistaken or unauthorized donations are refunded using the original method of payment.