Last Updated: October 12, 2023
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING GWOTMF’S LIABILITY AND REQUIRING DISPUTES BE RESOLVED ON AN INDIVIDUAL, NON-CLASS BASIS.
1. Use of the Site
Content. The Site may contain (i) materials and other items relating to GWOTMF and its services including: data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Site; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of GWOTMF; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All rights, title, and interest in and to the Site and the Content is the property of GWOTMF, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws, to the fullest extent possible.
Limited License. Subject to your strict compliance with these Terms, GWOTMF grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, and use the Site, and to retain one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Site or any Content; and (ii) may be immediately suspended or terminated for any reason, in GWOTMF’s sole discretion, and without advance notice or liability. Your unauthorized use of the Site or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. In addition, from time to time, the Site may provide downloadable products or services, these downloadable products or services may have separate licensing terms that will be provided at the time of download and will control over these Terms to the extent there is a conflict.
Restrictions. If you access, register an account, or otherwise use the Site, you represent you are at least the age of majority in your jurisdiction. If you are under the age of majority, you represent that if you access the Site, you will do so under the supervision of a legal guardian who agrees to be bound to these Terms on your behalf. The Site is not intended for children under the age of 13 and we do not knowingly collect personal information online from individuals under the age of 13. If we become aware that we have obtained personal information from a child under the age of 13, we will delete such information in accordance with applicable law.
You agree to comply with all national, federal, state, and local laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the Site and Content. You further agree that you will not (i) use the Site or Content for any political or commercial purpose other than supporting GWOTMF; (ii) engage in any activity in connection with the Site or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to GWOTMF; (iii) harvest any information from the Site or Content; (iv) infringe any intellectual property or other right of any third party; (v) reverse engineer or modify the Site or Content; (vi) interfere with the proper operation of the Site or its security features; (vii) use the Site or Content in a manner that suggests an unauthorized association with GWOTMF or any other party, or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms.
Reservation of All Rights. All rights not expressly granted to you are reserved by GWOTMF and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Site or Content for any purpose is prohibited.
Donation Page. The Global War on Terrorism Memorial is solely funded through private contributions. No federal funding is allowed. We invite you to join the movement to honor all who have served and continue to serve in the longest war in our Nation’s history. From time to time, the Site may provide the functionality to donate to GWOTMF. Our donation page is processed through our third-party payment processor, Donorbox. We share your information with Donorbox in order to complete your transaction. If you have made an error while making a donation on our website, please email [email protected]. Refunds are returned using the original method of payment. The Global War on Terrorism Memorial Foundation is a 501(c)(3) non-profit organization as of 15 May 2015, EIN: 47-3700489.
2. Access to the Site
You may now or in the future have the opportunity to create an account by entering your name and email address, selecting a valid username, selecting a valid password, and providing other required registration information. If you create an account on the Site, you are solely responsible and liable for the security and confidentiality of your access and for all activity under your account. You are solely responsible for the accuracy of your registration information and for updating and maintaining it. You will immediately notify us if you suspect any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.
You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Site or to receive any communications from GWOTMF.
The Site may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of GWOTMF, access to the Site may be interrupted or suspended from time to time. GWOTMF shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, Content, availability, and equipment needed for access or use.
GWOTMF may immediately suspend or terminate the availability of the Site, in whole or in part, to any individual user or all users, for any reason, in GWOTMF’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Site, or upon notice from GWOTMF, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site.
3. Content You Submit
You may now or in the future have the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site (collectively, “Submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personal information, or other information or materials and the ideas contained therein (collectively, but excluding any Content included therein, “User Content”). You acknowledge that any User Content that you Submit through the Site will be deemed to be non-confidential and may be disclosed through the Site to other parties on a worldwide basis, including for browsing, downloading, printing, and other uses by such other persons or entities.
You agree that GWOTMF shall have, and hereby grant to GWOTMF, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to, or use, in any form or media, any User Content that you Submit to GWOTMF. GWOTMF does not endorse any User Content, or third-party product or service that may appear in connection with use of the Site. Nothing in these Terms shall obligate GWOTMF to use any User Content you Submit or permit the posting of such User Content on any website or platform.
Please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you Submit are deemed User Content and licensed to us as set forth above. GWOTMF’s receipt of your Unsolicited Ideas and Materials is not an admission by GWOTMF of their novelty, priority, or originality, and it does not impair GWOTMF’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
You agree not to Submit User Content through this Site or to GWOTMF except for User Content that is fully authorized for purposes of the Site and compliant with these Terms. By providing User Content in connection with the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to Submit the User Content. It is your obligation to determine the extent to which User Content you Submit is protected by applicable intellectual property laws. You agree that you will not engage in any activity or conduct on the Site, or Submit any User Content or other material, that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable or damaging to GWOTMF.
You will Submit only User Content that is functionally and technically compatible with this Site. You will not attempt to damage, corrupt, tamper with, or infect the Site, the Content, or any information or telecommunication system of GWOTMF with a virus or other malicious computer program. You will only use the Site for the permitted purposes stated in these Terms and will not engage in abusive activity with respect to the Site or undertake any other activity which may adversely affect the use or enjoyment of the Site by any person. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., network probing tools) is strictly prohibited. If you become involved in any violation of system security, GWOTMF reserves the right to release your details to system administrators of other websites and services and law enforcement authorities in order to assist them in resolving security incidents.
4. Reliance on Site Content and Content Accuracy
GWOTMF assumes no responsibility regarding the accuracy, currency, or usefulness of the Content provided by or presented on the Site. Any reliance you place on such information is strictly at your own risk. GWOTMF disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its Content.
The Site may include Content provided by third parties. 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 GWOTMF, are solely the opinions and the responsibility of the person or entity providing those materials.
GWOTMF will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies, or omissions that may relate to service or product descriptions, pricing, availability, and other matters. GWOTMF reserves the right to correct any errors and to update Site information at any time.
5. Warranty Disclaimer
THE SITE, ITS CONTENT, AND ITS LINKS AND COMMUNICATIONS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. GWOTMF DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, AND FREEDOM FROM MALWARE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6. Limitations on Liability and Remedies
GWOTMF’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH GWOTMF (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE SITE. GWOTMF, ITS AFFILIATES, AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE, RECEIPT OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF GWOTMF HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GWOTMF’S, ITS AFFILIATES’, AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF GWOTMF WILL BE LIMITED TO ANY AMOUNT PAID TO GWOTMF BY YOU IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES THAT UNDERLIE THE CLAIM.
7. Waiver of Injunctive or Other Equitable Relief
YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY GWOTMF.
8. Dispute Resolution / Class Action Waiver
IMPORTANT: THIS SECTION LIMITS CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. PLEASE REVIEW CAREFULLY.
In the unlikely event that a disagreement arises between you and GWOTMF, please first contact us directly by calling us at (202) 339-7310 or by emailing [email protected] so that we may work in good faith to find a mutually agreeable solution.
CLASS AND COLLECTIVE ACTION WAIVER: You and GWOTMF explicitly agree to the fullest extent allowable and enforceable under applicable law, that any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Site, or these Terms (collectively, “Dispute”) must be decided on an individual basis. You agree that the term “Dispute” in these Terms will have the broadest meaning possible. These Terms also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of GWOTMF, or third party if GWOTMF could be liable, directly, or indirectly, for such Dispute. NO DISPUTE SHALL BE LITIGATED ON A CLASS OR REPRESENTATIVE BASIS. You and GWOTMF explicitly agree that no judge may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of GWOTMF. You and GWOTMF explicitly agree that a judge may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in this Agreement, any challenge to the validity of this Class and Collective Action Waiver must be determined by a court of competent jurisdiction. If, for any reason, this Class and Collective Action Waiver is held to be unconscionable or unenforceable, then the entirety of this Dispute Resolution provision (Section 8) shall not apply, and the Dispute must be brought exclusively in a state or federal court in Delaware. Accordingly, you and GWOTMF consent to the exclusive personal jurisdiction and venue of such courts for such matters.
You agree to defend, indemnify, and hold harmless GWOTMF from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your use of the Site; (iii) your User Content; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (vi) any misrepresentation made by you. GWOTMF reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with GWOTMF’s defense of any claim. You will not in any event settle any claim without the prior written consent of GWOTMF.
10. Third-Party Sites and Other Information
The Site may contain, as a convenience to you, content, links, and other information submitted by third parties over whom GWOTMF has no control or responsibility. GWOTMF has no obligation to monitor, control, or restrict the use of the Site, or third-party websites or services accessible via links available as part of the Site. These other websites or services are not under GWOTMF’s control, and you acknowledge that, whether or not such websites or services are affiliated in any way with GWOTMF, GWOTMF is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites or services. The inclusion of such a link does not imply endorsement of any website or service by GWOTMF or any association with its operators.
11. Electronic Communications
We may communicate with you electronically in regard to the Site, including by email, and we may collect information related to communications between you and GWOTMF. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site, your action is intended as an electronic signature which binds you as if you had signed on paper.
12. General Provisions
Severability; Interpretation; Assignment. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. The summaries of provisions and Section headings are provided for convenience only and shall not limit the full Terms. GWOTMF may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of GWOTMF.
Complete Agreement; No Waiver. These Terms reflect our complete agreement regarding the Site and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Site. Except as expressly set forth in these Terms, (i) no failure or delay by GWOTMF in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by GWOTMF.
Investigations; Cooperation with Law Enforcement. GWOTMF reserves the right to investigate and prosecute any suspected or actual violations of these Terms. GWOTMF may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
Governing Law. These Terms, your rights and the rights of GWOTMF within these Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to choice of law principles which would apply the laws of a different jurisdiction. Any action arising out of or relating to these Terms shall be filed only in the state or federal courts located in Delaware and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts.
13. Contact Information
If you have any questions regarding these Terms or the Site, you may contact us by email at [email protected].