TERMS AND CONDITIONS
The following terms and conditions (“Terms”) govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 13 years of age, you are not granted permission to use this Site and must exit immediately.
- Informational Purposes Only. The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, BBBS is not responsible for any errors or omissions in the Site or Site Materials, as defined in Section 3 of these Terms and Conditions.
- Registration. You may also be required to provide BBBS with certain information about yourself including some types of personally identifying information such as your email and your address. You are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password. You may terminate your account at any time by contacting us by email at [email protected].
- Proprietary Rights.As between you and BBBS, BBBS owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and BBBS, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to BBBS or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
- Unauthorized Activities. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise authorized by these Terms or in a separate written agreement with BBBS; (c) attempting to gain unauthorized access to BBBS’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site; or (d) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Materials. You may use the Site and the Site Materials consistently with Section 3 of these Terms. Any other use of the Site or Site Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of BBBS is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to BBBS and that in the event of such unauthorized use, BBBS shall be entitled to an injunction in addition to any other remedies available at law or in equity.
- Materials Submitted to the Site.Certain features of the Site may allow you to contribute comments, feedback, information, content, text, files, graphics, postings, and other materials and information for access, use, viewing and commentary by other users to the Site (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of User Content or other material or information to BBBS, you grant BBBS a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 12 of these Terms.
- Third Party Web Sites and Content.The Site is available for informational purposes only. The Site may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Use of such third party links, the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. BBBS does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites. BBBS does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the Site.
- Disclaimer.BBBS, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Materials, User Content, products, data, services, links, advertisements or other items contained within the Site. BBBS reserves the right to immediately remove any Site Materials or User Content for any reason or for no reason. BBBS cannot and does not review all communications or products made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Materials, the Site or the products or services made available in connection with the Site, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Materials or User Content and that you may not rely on such Site Materials or User Content.
THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. BBBS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
- Limitation of Liability. BBBS AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR BBBS HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BBBS AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE AND THE SERVICES AND PRODUCTS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF BBBS AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site or with any of these Terms, or feel BBBS has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
- Indemnification.You shall indemnify BBBS and its directors, officers, employees, agents, contractors and licensors (“BBBS Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, except to the extent attributable to BBBS, or any breach by you of these Terms and shall indemnify and hold BBBS Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of BBBS. BBBS or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If BBBS or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to BBBS, subject to the right of BBBS to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
- Internet Security.BBBS uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. BBBS will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that BBBS shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to BBBS via the Site or the Internet, including, for example, personal information such as your name or address.
- Complaint Procedures.If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify BBBS by email at [email protected] with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
- Changes to these Terms; Termination.BBBS reserves the right at any time to modify, alter or update these Terms. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. BBBS may suspend or terminate your account and/or your ability to use the Site, or any services on the Site, for failure to comply with these Terms, for providing BBBS with untrue or inaccurate information about yourself, for infringement upon BBBS proprietary rights, or for any other reason whatsoever or for no reason.
- Governing Law and Jurisdiction. These Terms represent the entire agreement between you and BBBS with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the Illinois, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in St. Clair County, Illinois; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available. If any term, provision, covenant or restriction contained in these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable or against public policy, the remainder of the terms, provisions, covenants and restrictions contained herein shall remain in full force and effect.
- Miscellaneous. The Site is controlled and operated from within the United States. Without limiting anything else, BBBS makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of BBBS to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
BBBS reserves the right to change our information practices and the terms of this Policy, and to apply the changed practices to all information we have about you. You should check the page from time to time to ensure you are satisfied with any changes. If you do not agree with or are not comfortable with any actions described in this Policy, your remedy is to discontinue use of this website.
What types of information does BBBS collect about me from my use of this website and how does BBBS use the information?
We collect and use information about you to communicate with you about our services, promotions, programs, and events, and to customize our communications in those areas. We also collect information to improve your website experience, enroll Big Brothers and Big Sisters and Littles, and enable you to make donations to BBBS. Here are the ways we obtain information about you and the types of information we obtain:
- Register for Our Newsletter. When you ask us to send you our newsletter, you provide us with your email address so we can fulfill your request.
- Contact Us Link. If you contact us via our website, we may ask you for information such as your name, address, and email address so we can respond to your questions or comments. Unless you consent, we do not retain this information except to respond to your inquiries.
The “help” portion of the toolbar on most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Remember, though, without cookies, you may not be able to take full advantage of all our website features, such as participating in online games and sweepstakes.
- When you enroll online to become a Big or Little, you give us your name, email address, and phone number. If you are under 13 years old, we ask you to have your parent or guardian enroll you, or you may call your local agency directly.
- Special Offers and Instant Coupons. From time to time, we may offer you discounts and rewards provided by our supporters. When you choose to download any special offers or instant coupons from our websites, we do not collect any personal information about you.
- Participate in Contests and Sweepstakes. When you sign up to participate in one of our contests or sweepstakes, you may provide us with information such as your name or email address. We may use the information to enter you in the contest or sweepstakes and contact you if you win. Also, unless you previously asked us not to send you our newsletter, we will add your email address to our newsletter list. If you do not want to receive information about BBBS, you may choose not to participate in our contests and sweepstakes.
- You also give us contact information and credit card or checking information so we can process your donation. We use this information for that purpose and to customize our communication with you. BBBS will not share or sell a donor’s personal information with anyone else, nor send donor mailings on behalf of non-BBBS organizations.
Does BBBS share the information it obtains about me with third parties?
BBBS does not share personal information about you with any third parties for their own marketing purposes. We do share this information with service providers we have retained to perform services on our behalf who may have their own privacy policies that may apply, but these service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or to comply with legal requirements. We also may disclose information about you to other members of the BBBS family (such as our local agencies, which may have their own privacy policies) or to sponsorship partners solely with respect to tracking and enhancing campaigns in furtherance of our mission and as required by law.
How does BBBS protect personal information?
The security of personal information is a high priority for us. We maintain online and offline safeguards to protect against unauthorized disclosure, use, alteration and destruction of the personal information in our possession. When we work with other companies to process credit card transactions, many of those companies also use encryption and/or other security measures. If you prefer not to make a financial donation online, you may also send a check to: Big Brothers Big Sisters of Southwestern Illinois, 2900 Frank Scott Parkway West, #956, Belleville, IL 62223.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, donations) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Does the BBBS website contain links to other websites?
The BBBS website may contain links to other websites that operate independently of BBBS and are not under our control. We provide links to those sites solely for your convenience and information. We encourage users to be aware when they leave our site and to look at the privacy notices for any websites that collect personally identifiable information. BBBS is not responsible for information that is provided by those sites or for any other use of the sites.
How can I update my contact information?
Please email us to indicate that you would want to change the contact information we have for you. Please email us from the email address we would have on file so we can verify ownership.
Email us at [email protected].
Will I receive email from BBBS?
We will send you email only if you have provided us with your email address and have asked us to communicate with you this way.
What if I prefer not to receive communications from BBBS?
You may always unsubscribe from our emails by clicking on the unsubscribe link at the bottom of the email. Or you may email us to indicate that you would like to unsubscribe from our mailings. Please email us from the email address we would have on file so we can verify ownership.
Email us at [email protected].
If you have any questions about this Policy or BBBS’s privacy practices please contact us at [email protected]. If you feel that we are not abiding by this Policy, you should contact us immediately via telephone at 618-239-3162 or via email to [email protected].