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Website Terms of Use

This Terms of Use and our Privacy Notice constitute a binding agreement between you and Americares Foundation, Inc., and governs your access and use of any part of the “Americares Platform”, including this and other Americares websites (the “Site” or “Sites”), and any of the Americares Content they contain.
Version Date September 24, 2024

Americares Sites include without limitation the following websites:

  • americares.org
  • my.americares.org
  • americaresindia.org
  • americares.org/elsalvador
  • medicaloutreach.americares.org
  • americaresfreeclinics.org
  • safetynetcenter.org
  • learn.americares.org
  • https://covidisnojoke.org/
  • wehatehurricanes.org
  • youngvax.org
  • healthroadmap.org
  • https://americares.my.site.com/GlobalRosterPortal/s/

By using any Americares Sites, mobile applications, or social media (collectively the “Americares Platform”) or any of the text, graphics, name, trademarks, logo, user interfaces, visual interfaces, information, data, tools, products, audio and video recordings, services, and other content (together, “Americares Content”) contained therein, you hereby accept and agree to comply with the terms and conditions set forth in this Terms of Use.

Throughout this Terms of Use, you will see the terms “Americares,” “we,” “our,” and “us.” These terms refer to Americares Foundation, Inc., a Connecticut non-profit corporation with tax-exempt status pursuant to the Internal Revenue Code Section 501(c)(3), and its affiliate entities. You will also see the terms “I,” “you,” “your,” and “yours.” These terms refer to visitors to, and users of, the Americares Platform or any Americares Content.

Copyright and Permissions

AMERICARES COPYRIGHTS

In general, content on the Americares Platform is protected by the copyright laws of the United States of America.

What you may do without prior permission, though subject to our objection: Without asking our permission, you are welcome to print pages from this Site and to download the files that are specifically offered in downloadable format (usually, PDF, Word, or PowerPoint) for your own noncommercial use. Subject to our objection, you may also link to this Site and the Americares Content without permission (except in circumstances described below); kindly let us know if you have done so by contacting us at social@americares.org.

What you must request prior permission to do: If you want to reproduce, publish, or incorporate any Americares Content into other websites, publications, or other materials that you or others produce for noncommercial purposes, contact social@americares.org for permission. If you want to link to the Site as a part of any website or other content that sells merchandise, sponsors events, or any other activity where funds or profits are purported to be donated to Americares, you must request permission to do so and contact social@americares.org.

For all materials and information used from our Americares Platform, we ask that you credit original sources as given. If no other specific source or authorship information is shown, please credit the appropriate Site.

It is the user’s responsibility to be aware of current copyright law and applications. You agree to hold harmless and to indemnify Americares from any costs or claims for infringement of copyright in relation to Americares Content that you use, including with permission.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

Americares is committed to complying with copyright and related laws, and requires all users of the Americares Platform to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content though the Americares Platform in any manner that constitutes an infringement of third-party intellectual property rights, including without limitation rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.

Americares has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.


Procedure for Reporting Copyright Infringement:

If you believe that material or content residing on or accessible through the Americares Platform infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Americares is capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
  5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.


Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is Americares’ policy:

  1. to remove or disable access to the infringing material;
  2. to notify the content provider, member or user that it has removed or disabled access to the material; and
  3. that repeat offenders will have the infringing material removed from the system and that Americares will terminate such content provider’s, member’s or user’s access to the service.


Procedure to Supply a Counter-Notice to the Designated Agent:

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of the content provider, member or user;
  2. 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 disabled;
  3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Americares is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Americares may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Americares’ discretion.

Please contact the Designated Agent to Receive Notification of Claimed Infringement for Americares at legalconfidential@americares.org or at:

Americares Foundation, Inc.
Attn: Legal Department,
88 Hamilton Avenue,
Stamford, CT 06902

Linking to the Americares Site and Using Americares Content and Americares Marks

Please be aware: by copying and/or downloading Americares Content, you agree to be bound by the terms and conditions set forth in this Terms of Use and any other terms and conditions that may be outlined elsewhere on this Site. Without limiting any other terms or conditions, the permission to use the Americares Platform and Americares Content, including our name and the logo and/or links bearing the name and logo (the “Americares Marks”), is subject to the following:

  1. Use of the Americares Marks may not indicate or create an impression that Americares endorses, approves, sponsors or is affiliated with your products, goods, services, or your website.
  2. Your use of the Americares Marks may not indicate or create an impression that Americares will benefit from the sale of any of your goods or services.
  3. Links bearing the Americares Marks may only be used for the purpose of linking to our Site as designated within the link.
  4. The links bearing the Americares Marks will always be active links.
  5. The Americares Marks may not be combined with any other graphic elements; nor may they be altered in any manner including size, proportions, font, design, arrangement, colors, or elements; nor may they be animated, morphed, or otherwise distorted in perspective or appearance.
  6. The Americares Marks may not appear more prominently than your personal, company, product, or service website name.
  7. You will not transfer, assign, sell, reproduce, distribute, or otherwise exploit the Americares Marks.
  8. The Americares Marks may not appear on any pages of any website that include content or advertising for alcoholic beverages, tobacco, pornography, partisan material, political material, firearms, or other interests that Americares in its sole discretion deems objectionable or contrary to our mission.
  9. Appropriate action by Americares may include, but is not limited to, the revocation of the right to use the Americares Marks, in which event you agree to remove the Americares Marks promptly, but in no event later than two business days of notice of revocation.

It is improper, and may be a violation of law, for you to post or download and distribute any material that you do not own or for which you do not have permission to use. PLEASE BE AWARE: violation of someone’s copyright, trademark or other intellectual property rights may subject you to civil and/or criminal penalties.

Inappropriate Use of the Americares Platform or
Americares Content and Prohibited Activities

It is inappropriate to use the Americares Platform or Americares Content for illegal, inappropriate, or obscene purposes, or in support of such activities. We define these terms as follows:

“Illegal activities” are those that violate laws, regulations and/or private agreements, including without limitation federal or state laws governing charitable activities, copyright laws, trademark laws, license agreements or other intellectual property rights.

“Inappropriate uses” are any uses other than as permitted by this Terms of Use, or as may be permitted elsewhere on the Americares Platform.

“Obscene activities” are those that violate generally accepted social standards for use of this type of material or technology.

PLEASE BE AWARE: AMERICARES MAY SEEK APPROPRIATE ACTION TO TERMINATE ANY USES OF AMERICARES CONTENT INCLUDING, BUT NOT LIMITED TO, THE AMERICARES MARKS IN THE EVENT WE, IN OUR SOLE DISCRETION, DETERMINE THAT YOUR USE DOES NOT CONFORM TO ANY OF THE CONDITIONS OF THIS TERMS OF USE OR AS PROVIDED ELSEWHERE ON THE AMERIARES PLATFORM; INFRINGES ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF AMERICARES OR A THIRD PARTY; ADVERSELY AFFECTS AMERICARES’S IMAGE, REPUTATION AND/OR OUR PRODUCTS, SERVICES, OR PROGRAMS; VIOLATES ANY APPLICABLE LAW, REGULATION OR ORDINANCE; AND/OR IS A PROHIBITED ACTIVITY.

Listed below are some, but not all, prohibited activities that may result in action by Americares:

  1. Posting, transmitting, or facilitating in the promotion of illegal content through the Americares Platform or Americares Content.
  2. Using the Americares Platform or the Americares Content to harass, threaten, embarrass, or do anything else to another visitor or third party that is unwanted.
  3. Transmitting or facilitating distribution of content that is untrue, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, or objectionable.

Authorization to Use Your Information, Image, and Feedback

“Your Information” means any information that you provide, publish, or post to or through the Americares Platform. You consent to us using Your Information for the purposes of facilitating your use of the Americares Platform, for example, to create a user account or profile, where applicable. Our collection and use of personal information in connection with the Americares Platform is as described in our Privacy Notice, which is part of this Terms of Use. You agree to provide and maintain accurate, current and complete information and that we may rely on Your Information as accurate, current and complete.

“Your Information” includes any photograph, image, avatar, video or audio recording, that you capture and/or create within the Americares Platform, for example, in connection with creating your profile or user account, including without limitation of your own physical and/or vocal likeness.

We encourage users to comment on the Americares Platform, provide suggestions and feedback for improving it, vote on suggestions they like, and nominate or promote like-minded organizations and charities. You agree that all such comments, suggestions, submissions, and feedback will be non-confidential and that we own all rights to use and incorporate them into the Americares Platform, without payment or attribution to you.

To enable us to use Your Information for the purposes described in the Privacy Notice and this Terms of Use, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute Your Information to prepare derivative works, or incorporate into other works, Your Information, in any media now known or not currently known. Other than as expressly provided within the Americares Platform, you acknowledge that you have no right of approval, and YOU WAIVE ANY CLAIM (INCLUDING, WITHOUT LIMITATION, CLAIMS BASED ON INVASION OF PRIVACY, DEFAMATION, AND RIGHT OF PUBLICITY) ARISING OUT OF ANY USE, BLURRING, ALTERATION, DISTORTION, ILLUSIONARY EFFECT, OR ANY USE IN COMPOSITE OF YOUR NAME, PICTURE LIKENESS, VOICE, OR BIOGRAPHICAL INFORMATION FOR THE PERMITTED PURPOSES.  We shall have no obligation to use any of the rights you grant, and you represent that it is unnecessary for us to obtain permission from or to pay any third party in connection with the rights granted in this section.

Security Notice

For security purposes and to ensure that the Americares Platform remains available to all users, some elements of the Americares Platform may employ software programs to monitor network traffic and identify unauthorized attempts to upload or change information or otherwise cause damage.

Unauthorized attempts to upload information or change information on the Americares Platform service are strictly prohibited and may be punishable under applicable State and Federal laws.

Disclaimers

LINKS TO OTHER SITES/DISCLAIMER OF ENDORSEMENT

The Americares Platform may include links to websites of other organizations which, we believe, may offer relevant information. Once you link to another site, you are subject to the disclaimers and security and privacy policies of the new site. Americares does not endorse any third party links included in content created and maintained by other public and private organizations that we may include on the Americares Platform.

Reference on the Americares Platform to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the site’s visitors, and does not constitute endorsement, recommendation, or favoring by Americares. The views and opinions of authors expressed on the Americares Platform do not necessarily state or reflect those of the Americares.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AMERICARES OR ITS DONORS/SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, EVEN IF AMERICARES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISCLAIMER OF LIABILITY

With respect to the Americares Content, Americares makes no warranty, expressed or implied or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, and the warranties of merchantability and fitness for a particular purpose, with respect to the Americares Content or other Internet resources that link to it. Additionally, Americares assumes no legal liability for the accuracy, completeness, or usefulness of any information, product, or process disclosed on the Americares Platform; nor does it guarantee that the Americares Platform is free from computer viruses, or represent that use of such information, product, or process would not infringe on privately owned rights.

WARRANTY DISCLAIMER

YOU EXPRESSLY AGREE THAT USE OF THE AMERICARES PLATFORM IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE AMERICARES PLATFORM IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMERICARES AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE AMERICARES PLATFORM, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. AMERICARES DOES NOT WARRANT THAT THE AMERICARES PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE AMERICARES PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE AMERICARES PLATFORM WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT AMERICARES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to any conflict of law provisions. You agree to submit to the personal jurisdiction of the courts of the State of Connecticut. Any cause of action you may have with respect to the Terms or its subject matter must be commenced within one year after the claim or cause of action arises, or such claim or cause of action is barred. This Terms of Use and the Privacy Notice constitute the entire agreement between you and Americares with respect to its contents.

How to Contact Us

Should you have any questions or concerns about these Terms of Use, please call us at 203-658-9500,

or send an e-mail to legalconfidential@americares.org

or write to:
Americares Foundation, Inc.
Attn: Legal Department,
88 Hamilton Avenue,
Stamford, CT 06902

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