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Thank you for visiting theraycharlesfoundation.org (“The Site”). By using The Site, you are creating a legal and binding agreement between you (“you” and “your”) and The Ray Charles Foundation (“Owner,” “our”, “we,” “us”), who is the owner of The Site, that includes all of the following terms and conditions of your usage of The Site as well as Owner’s privacy policy. All references to The Site include any related sites and services located on Twitter, Facebook, YouTube or other such sites and services as well as any forums, newsgroups or the like whether hosted on The Site or other sites such as Yahoo Groups or the like. Owner shall be free to change these terms of use and privacy policy at any time by posting the same on The Site but without any individual notice to you and if you use The Site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of these terms of use and privacy policy. The Site and your use of The Site is not an offer to make any grant. Any grants shall be evaluated as otherwise set forth on The Site. All parts of this agreement including the Terms of Use and Privacy Policy shall be deemed to be one single agreement even though the agreement has the said or other captions or titles.

You are herein given the non-exclusive and non-transferable right and license to use The Site upon the express terms set forth in these Terms of Use and Privacy Policy.

  1. The Site. The content of The Site can be changed at any time and any additions or changes shall be automatically deemed covered by these terms. If you use The Site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of this agreement. The Site or your access to The Site can be terminated at any time by Owner. No such actions shall be deemed a breach or violation of this agreement on the part of Owner. Owner shall not be obligated to provide individual notice to you of any changes to The Site.
  2. Your Responsibilities.
    1. You agree that you shall not:
    1. interrupt or disrupt or attempt to interrupt or disrupt The Site in any way or prevent or impede any other party’s access to The Site;
    2. modify or change or attempt to modify or change any aspect of The Site;
    3. stalk, harass or otherwise bother any other party; and
    4. collect or store email addresses or other information about other users.
    1. You further agree that your correspondence or business dealings with, or participation in promotions of advertisers or others found on or through The Site are solely between you and such advertisers or others. You agree to abide by all of the terms and conditions related to your correspondence or business dealings with such other parties. You agree that Owner shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or others on The Site. Advertisers and others are not employees, joint venturers, partners or agents of Owner and are not otherwise affiliated with or related to Owner and are all independent contractors in regard to Owner. Advertisers and others have no authority to bind or obligate Owner in any manner whatsoever. Owner does not screen or investigate the Material or the information posted by you and Owner does not screen or investigate any of the advertisers or others in any manner whatsoever.

    1. Violations of this agreement under appropriate circumstances or for certain repeat offenders shall result in the termination of subscribers and account holders and other users of The Site, our network or our service. Under the Digital Millennium Copyright Act of 1998 as may be amended as well as Owner’s other rights and remedies whether or not set forth herein, Owner may remove any materials which, in Owner’s sole discretion, may be illegal, may subject Owner to liability, or which may violate the within terms and conditions or privacy policy or this agreement. Owner may act in accordance with direction from law enforcement officials or pursuant to court orders. Any claims from copyright holders and responses thereto shall be governed by the provisions of the Digital Millennium Copyright Act of 1998 as may be amended.

  1. Owner’s Rights. Owner reserves the right and by entering into this agreement you agree to allow Owner to monitor any and all activities on The Site but Owner shall not have the obligation to do so and Owner shall not, as a regular matter, review, edit, censor or otherwise maintain any supervisory role with regard to any such activities. You further agree that Owner shall have the right, but not the obligation, to include your name, initials, email address or other information about you in any uses of the information you may communicate with Owner about, subject to the Privacy Policy below. You also agree that Owner may preserve information about you and may disclose information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of this agreement; (c) respond to claims that any material violates the rights of other parties; or (d) protect the rights, property, or personal safety of Owner, The Site, the users of The Site and the public. Owner is the sole and exclusive proprietor of all of Owner’s contract rights, copyrights, trademarks and other rights in and to The Site and all materials on The Site including but not limited to all information and forms that may be provided on The Site and you shall have no rights of any sort in and to such rights and you shall not use any of such rights. Even though Owner may elect to include information you provide as part of The Site or otherwise, you and Owner shall not be deemed to be joint authors of The Site and it is not your intention or Owner’s intention to be joint authors, as that term is defined in the United States copyright act. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of The Site. You hereby give and grant to Owner, and Owner’s heirs, successors, assigns and licensees, the non-exclusive right to use, copy, display, post, repost, distribute, make compilations, data bases, derivative and other versions of the information you post including but not limited to incorporating the said information into other works and the within grant shall be a grant to Owner and Owner’s heirs, successors, assigns and licensees both during the term of this agreement and after this agreement terminates for any reason and in perpetuity and may not be revoked by you for any reason. Owner shall have the right to sell, assign and otherwise transfer any or all of its rights in this agreement and The Site to any other party including but not limited to parties owned and controlled by or related to Owner.
  2. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a resident of any other state you waive any similar laws that prevent a full and complete release.

  3. Interpretation of this Agreement. It is the intention of Owner in this agreement and with regard to The Site to make certain that Owner is not deemed to be a publisher, speaker or distributor of any information you post or communicate to Owner about and not responsible in any manner for the conduct of you or any other member or otherwise. As such, this agreement and The Site shall be construed to make Owner not liable in any manner for any information you post or communicate to Owner about and to make Owner’s actions consistent and compliant with all laws, anywhere in the world, whether now in existence or hereafter enacted.
  4. Your Promises. In addition to all your other promises, representations and warranties contained in this agreement, you represent and warrant: that you are over the age of 21; that entering into this agreement by you will not impair or violate any rights of any party and that all of the information you may post or communicate to Owner about complies and will comply with all applicable laws, statutes, regulations of any governmental or other body exercising jurisdiction over this agreement, The Site or otherwise anywhere in the world; that all information you post or communicate to Owner about is completely truthful, honest and not misleading in any way; and that you shall be solely responsible for full compliance under all state and federal laws, statutes, regulations and similar enactments anywhere in the world regulating this agreement, The Site or otherwise. You further represent and warrant that you shall not seek to hold Owner, or any of Owner’s shareholders, officers, directors, agents, members, attorneys or others liable in any manner for anything that may result from your or another person’s use of The Site. These promises, representations and warranties shall survive the termination of this agreement.
  5. Your Indemnities. You shall defend and save and hold harmless Owner, Owner’s affiliated and related corporations and other related business entities, their or Owner’s respective heirs, successors and assigns and their or Owner’s licensees, partners, employees, agents, attorneys, shareholders, officers, directors and members against any and all claims, demands, costs, awards, damages and the like, including attorneys fees, that may arise from a breach or claimed breach of any of your warranties, representations, promises or obligations under this agreement, whether or not a breach of those warranties, representations, promises or obligations is finally sustained and whether or not any litigation or claim is filed, or for any other cause of action or claims by any parties including but not limited to any governmental body whether or not any litigation or claim is filed or sustained. These indemnities shall survive the termination of this agreement.
  6. No Warranties. THE SITE AND ALL OF ITS COMPONENTS INCLUDING BUT NOT LIMITED TO ANY ADVERTISING ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHETHER AS TO USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. OWNER DOES NOT WARRANT THAT ANY OF THE MATERIAL WILL BE SECURE. YOU ARE USING THE SITE AT YOUR OWN RISK. Owner SHALL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY “HACKERS” OR THOSE WHO MIGHT INVADE OR DISRUPT THE SITE OR TAKE INFORMATION INCLUDING MATERIAL FROM THE SITE OR OTHERWISE. OWNER SHALL NOT BE RESPONSIBLE FOR THE CORRECTNESS OR ACCURACY OF ANY MATERIAL POSTED ON OR INFORMATION OBTAINED FROM THE SITE, WHETHER BY OR FROM OWNER OR BY OR FROM ANY PARTY INCLUDING BUT NOT LIMITED TO BY OR FROM ANY ADVERTISER OR ANY OTHER PARTY. Owner DOES NOT ENDORSE OR SUPPORT ANY MATERIAL POSTED BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY ADVERTISER OR ANY OTHER PARTY. Owner SHALL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY ADVERTISER OR ANY OTHER PARTY INCLUDING BUT NOT LIMITED TO ANY PARTY TO WHOM THE SITE HAS PROVIDED ANY LINKS OR ANY PARTY WHICH MAY PROVIDE SERVICES TO THE SITE OR TO YOU. OWNER SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR COSTS OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DAMAGES OR COSTS FOR PERSONAL INJURY OF ANY SORT, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, PATENT INFRINGEMENT, LIBEL, SLANDER, INVASION OF PRIVACY, INTERFERENCE WITH THE RIGHTS OF PUBLICITY, LOSS OF GOODWILL, LOSS OF DATA, LOST PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, BREACH OF CONTRACT, FAILURE TO PAY FOR SERVICES OR WORK, OR FOR FAILURE OF Owner’S OR ANY OTHER WEB HOSTING OR OTHER SERVER OR ANY FAILURE OF Owner OR ANY OTHER PARTY TO PROVIDE INTERNET ACCESS OR ACCESS TO THE SITE FOR ANY PERIOD OF TIME OR FOR ANY CAUSE OUTSIDE OF OWNER’S CONTROL OR FOR ANY AND ALL OTHER DAMAGES OR COSTS INCLUDING PUNITIVE DAMAGES OR LOSSES. Owner WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS IN EXCESS OF THE TOTAL CONTRACT PRICE FOR THE SERVICES RENDERED HEREIN, EVEN IF Owner SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS, OR FOR ANY CLAIM BY ANY OTHER PARTY. THE WITHIN LIMITATION OF WARRANTIES MAY BE LIMITED BY THE LAWS OF CERTAIN STATES OR OTHER JURISDICTIONS AND SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.
  7. Parental Control. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. The names of some of those providers or the information that will enable you to access that information about such providers can be found at http://search.yahoo.com/search?p=parental+controls&fr=FP-tab-web-t&toggle=1&ei=UTF-8 Owner shall not be responsible in any manner as to any aspect of any such parental control protections or otherwise.
  8. Claims. Any claims by you or any party claiming any rights from you must be commenced within one (1) year from when a cause of action accrues.
  9. Miscellaneous. The Site is provided by Owner, who is located at 2107 West Washington Blvd. Los Angeles, California 90018, email <Valerie.Ervin@theraycharlesfoundation.org> and the name of Owner’s agent is Valerie Ervin at that address. If you have any complaints about The Site, you can contact Owner at the above email or other address. If you believe your copyright rights have been violated, you should notify Owner’s Designated Agent. Residents of the state of California can obtain additional information about their rights from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254. This agreement shall be subject to and interpreted under the laws of the state of California applicable to agreements wholly to be performed therein as well as the laws of the United States, where applicable. Captions are for clarity sake only and have no substantive effect. This agreement is the complete understanding between you and Owner except that Owner may change the provisions of this agreement by posting such changes on The Site but without any individual notice to you and if you use The Site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of this agreement. This agreement shall bind and benefit each of your and Owner’s respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in this agreement shall otherwise apply. A waiver of any provision of this agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach. All remedies provided Owner in this agreement are cumulative and the exercise by Owner of any remedy shall be without prejudice to Owner’s exercise of any other rights or remedies available to Owner. Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction only in Los Angeles, California and Owner shall be entitled to injunctive relief. You expressly consent to personal jurisdiction in such state and in such court. In any action under this agreement, the prevailing party shall be entitled to attorneys’ fees and court costs. In the event any portion of this agreement shall be held invalid or unenforceable it shall not affect the validity or enforceability of the rest of this agreement. All of the provisions of this agreement shall survive the termination of this agreement for any reason.
  10. PRIVACY POLICY

    The Ray Charles Foundation has a strong commitment to Internet privacy. You can visit most portions of The Site without telling us who you are and without revealing any personal information.

    The following are the terms of the privacy policy of Owner regarding use of The Site.

    1. Kinds of Information. Owner collects certain information in various ways from The Site and from communications you may have with Owner and uses that information in various ways. Among information that Owner may collect are real names, real addresses including the city, state and zip code in which you reside, email addresses, telephone numbers, social security numbers, financial data, information about your organization, information about your Internet connection or other information (“Personally Identifiable Information” herein). Owner may also collect statistics about members, traffic patterns and related information as well as information gathered from the use of “cookie” or other technologies, whether from advertisements on The Site or otherwise, and all other such information (“Non- Personally Identifiable Information” herein). Owner may use Personally Identifiable Information and Non-Personally Identifiable Information to communicate with you but Owner does not sell or otherwise disclose Personally Identifiable Information outside the organization of Owner except that Owner may use such Personally Identifiable Information in all ways related to the process of Owner in deciding about grants including but not limited to communicating with other parties about you and your organization and include any such Personally Identifiable Information in such communications. Furthermore, Personally Identifiable Information and Non-Personally Identifiable Information may be included in regard to any aspect of the business of Owner including but not limited to sales, mergers, acquisitions, bankruptcies and the like and in such instance, both Personally Identifiable Information and Non-Personally Identifiable Information may be provided to others. You agree that Owner may use all of the foregoing information as indicated herein. If you do not agree with the provisions of this paragraph, you should not provide any information to Owner.
    2. Affiliates, Advertisers and Other Links: Through Owner and The Site you may be introduced to a variety of other party vendors and sites including but not limited to vendors of goods and services, providers of other information and other such parties. Any links to such other vendors and sites are provided solely as a convenience and the above Terms of Use shall govern all such links. The privacy policies and terms and conditions of service of these other parties are not under Owner’s control and may differ from Owner’s privacy policy and terms and conditions of service and you should read the privacy policies and terms and conditions of service of those vendors carefully. The use of any information that you may provide to any other party, or the use of “cookie” technology by any other party, will be governed by the privacy policy and terms and conditions of service of the operator of the other site that you are visiting. In some cases these other parties may share the information that they collect about you with Owner. If you have any doubts about the privacy or security of the information you are providing on another site or about their privacy policy and terms and conditions of service, Owner recommends that you contact that site directly for more information and review their privacy policy and terms and conditions of service. Owner is not now and never will be responsible for the actions of such other parties in any manner whatsoever, including but not limited to any violation of such privacy policies, terms and conditions of service or otherwise.
    3. Your Rights to Opt Out and Change or Delete Your Information: If you do not wish to receive e-mail or other correspondence related to Owner’s or other parties’ marketing, promotions, products or services, you should indicate your said preference. You may change the information you provide by sending Owner email at the address indicated below.
    4. Owner’s Rights To Change. Owner may change this privacy policy or any aspect of it by publicly posting such changes on The Site but without any individual notice to you and if you use The Site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of this privacy policy. Notwithstanding anything else in this privacy policy, Owner may release information when Owner believes that such release is reasonably necessary to (1) comply with law, (2) enforce or apply terms of any of agreement between you and Owner including but not limited to this agreement, or (3) protect the rights, property or safety of Owner, other users, or others.
    5. General Provisions. Please keep in mind that whenever you voluntarily disclose personal information online including but not limited to on The Site or in communication with Owner, that information is publicly available and is not private and can be collected and used by Owner and by other parties and may result in unsolicited messages or other communications with you. Owner does not guarantee the security of any information you post or otherwise communicate to Owner.
    6. Miscellaneous. The Site is provided by Owner, who is located at 2107 West Washington Blvd. Los Angeles, California 90018, email <Valerie.Ervin@theraycharlesfoundation.org> and the name of Owner’s agent is Valerie Ervin at that address.. If you have any complaints about The Site, you can contact Owner at the above email or other address. If you believe your copyright rights have been violated, you should notify Owner’s Designated Agent. Residents of the state of California can obtain additional information about their rights from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254. This agreement shall be subject to and interpreted under the laws of the state of California applicable to agreements wholly to be performed therein as well as the laws of the United States, where applicable. Captions are for clarity sake only and have no substantive effect. This agreement is the complete understanding between you and Owner except that Owner may change the provisions of this agreement by posting such changes on The Site but without any individual notice to you and if you use The Site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of this agreement. This agreement shall bind and benefit each of your and Owner’s respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in this agreement shall otherwise apply. A waiver of any provision of this agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach. All remedies provided Owner in this agreement are cumulative and the exercise by Owner of any remedy shall be without prejudice to Owner’s exercise of any other rights or remedies available to Owner. Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction only in Los Angeles, California and Owner shall be entitled to injunctive relief. You expressly consent to personal jurisdiction in such state and in such court. In any action under this agreement, the prevailing party shall be entitled to attorneys’ fees and court costs. In the event any portion of this agreement shall be held invalid or unenforceable it shall not affect the validity or enforceability of the rest of this agreement. All of the provisions of this agreement shall survive the termination of this agreement for any reason.
    7. Effective Date: The effective date for this privacy policy is April 6, 2009 and was last updated on December 6, 2016.

IF YOU DO NOT AGREE WITH AND ACCEPT ALL OF THE FOREGOING PROVISIONS, DO NOT USE THE SITE.