Terms of Use

Thank you for visiting the website of Justice for Greenwood Foundation, Inc. (“Justice for Greenwood”, “we,” “our,” or “us”). By accessing this website and any related URLs (each and collectively, as appropriate, the “Platform”), you agree to accept the following terms of use for the use of the Platform (“Terms of Use”), which constitute a legal agreement between you and Justice for Greenwood. If you do not accept these Terms of Use, you may not use the Platform. Justice for Greenwood reserves the right to modify these Terms of Use without notice, and each use of the Platform constitutes your acceptance to be bound by the terms set forth in the Terms of Use as modified at the time of such use.

For information about our privacy practices, please see our Privacy Policy.

Use of Platform and Content

The content displayed on the Platform (“Content”) is the subject of intellectual property protection, including but not limited to trademarks, service marks, trade names, and copyrights owned by Justice for Greenwood or by third parties. Justice for Greenwood grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy, and print pages from the Platform for your personal and noncommercial use only. Unless you receive written permission in advance from Justice for Greenwood and/or the relevant third party owner, you may not exploit any of the Content commercially, forward it as a mass distribution, or post it on another website. Further, you may not link other websites to this Platform or display this Platform as “framed” within another website without Justice for Greenwood’s prior written consent. 

Prohibited Uses of Platform and Content

Justice for Greenwood does not grant any license or right to use this Platform or the Content other than those set forth above, and you shall not make any other use of the Platform or the Content without Justice for Greenwood’s prior written permission. Without limiting the foregoing: You agree not to copy large portions of the Platform (such as by bots, robots, or spiders that “harvest” the Platform), interfere with the functioning of the Platform or restrict, or inhibit any others from using the Platform. If you download any Content from the Platform, you agree that you will not remove or obscure any copyright or other notices or legends contained therein. In using this Platform, you shall not violate any law, regulation, or rule, or the intellectual property or contractual rights of others.  You may not attempt to violate the security of this Platform or use or gain access to the identities, information, or computers of others through this Platform. You may not transmit any virus, worm, or similar disabling code or system interference through this Platform.  You may not decompile, reverse engineer, disassemble, or otherwise deconstruct all or any portion of the Platform. 

Justice for Greenwood has the right (but not the obligation) to monitor and record activity on this Platform, as Justice for Greenwood deems appropriate, for any reason or no reason, and to take all appropriate actions in response to any unauthorized or objectionable conduct, with or without notice to you. Justice for Greenwood may investigate any complaint or reported violation of its policies. Justice for Greenwood may report any activity it suspects may violate any law or regulation to regulators, law enforcement officials, or other persons or entities as it deems appropriate. Justice for Greenwood may issue warnings, suspend, or terminate use of the Platform, deny access to all or part of the Platform, or take any other action it deems appropriate. 

Copyright Infringement Complaints and Notification Procedures

If you believe that any of this Platform’s content violates your or a third party’s copyright, please notify us at [email protected] by providing the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on this Platform;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Linked Platforms

Justice for Greenwood does not review or monitor any websites linked from or to the Platform and is not responsible for the content of any such websites. Accordingly, Justice for Greenwood cannot be held responsible for the information, materials, products, or services obtained on or from such other websites, nor will we be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Platform and the inclusion of these links does not imply an affiliation with or endorsement, sponsorship, representation, or warranty by Justice for Greenwood with respect to any such linked websites or the content, products, or services contained or accessible through such websites or their operators. Justice for Greenwood disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked to or from the site. Your following links from or to such websites is at your sole risk.

Transmission to and from the Platform

Any communication or other material that you send to us through the internet or post on the Platform by electronic mail or otherwise is and will be deemed to be non-confidential as between you and us, and Justice for Greenwood shall have no obligation of any kind with respect to such information. Justice for Greenwood will be free to use, for any purpose, and without compensation due or payable to you, any ideas, concepts, know-how, or techniques provided by you to Justice for Greenwood through the Platform. 

Disclaimers

Justice for Greenwood, including partners, employees, affiliates, and agents (collectively “Related Persons”) make no representations or warranties of any kind, express or implied, as to the accuracy, reliability, completeness, availability or other characteristics of the information or materials presented on the Platform. Such information or materials are provided “as is” and “as available” and, to the fullest extent permissible pursuant to applicable law, Justice for Greenwood specifically disclaims any and all warranties of any kind, express or implied, including but not limited to all warranties of and conditions of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, or completeness. Justice for Greenwood does not warrant that the information on this Platform is accurate, reliable or correct, that this Platform will be available at any particular time or location, or that this Platform is free of viruses or other harmful components. Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the Platform or made via the Platform may not be secure.

Decisions based on information or materials contained on the Platform are the sole responsibility of the user, and as consideration for access to the Platform, you will be responsible for any liability to Justice for Greenwood that arises out of your use of the Platform or your breach of these Terms of Use, and you agree to indemnify and hold harmless Justice for Greenwood and Related Persons from and against any claims whatsoever and of any nature for damages, losses, and causes of action, including but not limited to actions by third parties against you, Justice for Greenwood or any of its Related Persons, arising out of or in connection with any decisions that you make based on such information or materials, your use of the Platform, or your violation of these Terms of Use.

The information contained herein is provided for informational purposes only and is current only as of the dates indicated herein. Information that is not dated or information that is dated but viewed subsequent to its date may not be current. Justice for Greenwood assumes no duty to update or correct any information for any reason, including new information, results or subsequent events.

Limitation of Liability

JUSTICE FOR GREENWOOD’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL JUSTICE FOR GREENWOOD OR ITS RELATED PERSONS BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE), OR DISTRIBUTION OF THE SITE OR ANY INFORMATION OR MATERIALS OBTAINED THROUGH USE OF THE SITE. THIS IS TRUE EVEN IF JUSTICE FOR GREENWOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR IF ANY REMEDY YOU HAVE FAILS IN ITS ESSENTIAL PURPOSE.

Mobile Terms and Conditions

The Justice for Greenwood text message service (the “Text Service”) is operated by Justice for Greenwood. Your use of the Text Service constitutes your agreement to these terms and conditions (“Mobile Terms”). The Justice for Greenwood Terms of Use and Privacy Policy also apply to your use of the Text Service. We may modify or cancel the Text Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Text Service following the effective date of any such changes shall constitute your acceptance of such changes.

Justice for Greenwood does not charge for the Text Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and Data Rates may apply. Text messages may be sent using an automatic telephone dialing system or other technology. Text the single keyword command STOP to cancel at any time. You’ll receive a one-time opt-out confirmation text message. For Text Service support or assistance email us at [email protected]

You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received and Justice for Greenwood will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Text Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you change your mobile phone number, you agree to opt out of the Text Service prior to changing your mobile number.

You agree to indemnify, defend, and hold us and our affiliates harmless from any third party claims, liability, damages or costs arising from your use of the Text Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Text Service; any errors in such information; and/or any action you may or may not take in reliance on the information or Text Service.

Applicable Law, Jurisdiction, and Arbitration

These Terms of Use shall be governed by the law of the State of New York, without regard to its choice of law rules.  Notwithstanding the foregoing, any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures are invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators as provided herein.

YOU AGREE TO RESOLVE BY ARBITRATION ANY CONTROVERSY ARISING BETWEEN YOU AND JUSTICE FOR GREENWOOD AND/OR ANY OF OUR RESPECTIVE CONTROL PERSONS, PREDECESSORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND EMPLOYEES. 

With respect to the resolution of any such controversy, you further acknowledge that:

  • Arbitration is final and binding on the parties.
  • The parties are waiving their right to seek remedies in court, including the right to jury trial.
  • Pre-arbitration discovery is generally more limited than and different from court proceedings.
  • The arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of rulings by the arbitrators is strictly limited.

Any arbitration under this Terms of Use shall be conducted in New York, NY before a panel of three (3) arbitrators pursuant to the Commercial Arbitration Rules of the American Arbitration Association, except to the extent that such rules are modified by this Terms of Use. Arbitration is initiated by a party serving the other party with a written demand for arbitration or a written notice of intention to arbitrate.

No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated a putative class action in court or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: the class certification is denied; or the class is decertified; or the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Terms of Use except to the extent stated herein.

General

Justice for Greenwood may assign the Terms of Use in whole or in part at any time without your consent. You may not assign the Terms of Use or delegate any of your obligations under the Terms of Use, and any purported assignment of the Terms of Use in violation of the Terms of Use is void. The Terms of Use constitute the entire understanding, and supersedes all other understandings, between you and Justice for Greenwood concerning the subject matter hereof.

If you have any questions about this Terms of Use, please contact us at [email protected]

© 2022 Justice for Greenwood Foundation, Inc.

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