Term of Use

Terms of Use  Effective: March 1, 2022  Overview. Welcome to Colten D. Brown Memorial Scholarship Foundation, Inc., a Pennsylvania nonprofit organization dedicated to providing financial assistance to individuals seeking education or career development.  By visiting and using this website, you agree to be bound by these Terms of Use.  Please read them carefully as these Terms of Use contain important information regarding your legal rights, remedies, and obligations when you use this website.    In addition, as this website grows in response to our audience’s needs, we will periodically modify these Terms of Use to incorporate any new features this website introduces.  Therefore, you agree that we may modify these Terms of Use at any time and without notice to you.  Any modifications will be enforceable upon publication on our website.  The top of this page identifies the date these Terms of Use become enforceable.  You agree to periodically review the most current version of these Terms of Use.    SECTION 1 – USER AGE; LOCATION The content of this website is intended for individuals over the age of 18 who are living in, or residents of, the United States of America.  While the nature of the internet makes this website available worldwide, we cannot possibly ensure compliance with the rules of every country. Therefore, if you are accessing this website from another country, you agree that your use of this website is controlled by the laws of the United States of America and you may not receive all of the protections that your country’s laws ordinarily provide you.  SECTION 2 – PRIVACY POLICY We respect the privacy of your personal information.  By accessing and using this website you agree to our Privacy Policy, which we expressly incorporate into these Terms of Use.  Please review our Privacy Policy for more information.    SECTION 2 – LIMITED LICENSE All Content available on this website is protected by the copyright and trademark laws of the United States.  The term “Content” includes logos, graphics, photos, videos, audio content, blog content, e-mail content, user reviews, testimonials, apps, books, and all other publications.    The term “Content” does not include works that are in the public domain.  This means that the opinions, links, quotations, blog posts, photos, etc. are the creative property of Colten D. Brown Memorial Scholarship Foundation, Inc. or the person to whom the creative work is credited, or has been used under license or permission by Colten D. Brown Memorial Scholarship Foundation, Inc.  While we encourage sharing the content of this website, you may share only links or quotes but not entire posts.  In addition, you agree to give proper credit to this website and provide a link back to the original URL.    We grant you a non-exclusive, limited, non-transferable, freely revocable license to use this website for your personal, non-commercial use only.  You may not copy, modify, translate, publish, broadcast, transmit, distribute, use, post, display, republish, download, sell, rent, or license any part of our Content without our prior written permission (except as permitted in the immediately preceding paragraph discussing proper credit and backlinks to our content).     SECTION 3 - PROHIBITED USES OF OUR WEBSITE We put a lot of care, thought, and effort into creating and publishing the Content on this website.  To protect our creative works, intellectual property, and business model and to ensure the enjoyment of this website by all users, you agree that you will not use our website or its Content:   1. to violate any international, federal, state, or local laws; 2. to violate our intellectual property rights or the intellectual property rights of others;  3. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;  4. to submit false or misleading information;  5. to upload or transmit viruses or malicious code that may be to adversely affect the functionality or operation of our website or any third-party website; 6. to interfere with or circumvent the security features of our website or any third-party website. 7. to collect or track the personal information of others; or 8. to spam, phish, pharm, pretext, spider, crawl, or scrape or website  SECTION 4 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION  While we make our best attempt to deliver a quality user experience, we are not responsible if information made available on this website is inaccurate, incomplete, or untimely.  You rely on the Content of this at your own risk. We reserve the right to modify our Content at any time, but we are not obligated to do so.  SECTION 5 – REVIEWS, FEEDBACK, AND OTHER SUBMISSIONS  If you submit any reviews, suggestions, complaints, or other feedback (collectively, “Submissions”), you agree that we may, at any time and without restriction, edit, publish, translate, and otherwise use your Submissions to promote our website.   SECTION 6 – OUR PROTECTION OF OTHERS’ INTELLECTUAL PROPERTY (DMCA NOTICE) To the best of our knowledge, all material published on or through our website is done in full agreement with the original copyright owners (whether that is us or another party).    If your work has been copied in a way that constitutes copyright infringement, please notify our copyright agent in writing.  Your written notice must contain the following information:  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed upon; 3. A description of the location on our Website of the material that you claim is infringing;  4. Your address, telephone number, and e-mail address; 5. 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 6. 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 authorized to act on the copyright owner's behalf.  Submit your Notice of copyright infringement to:  coltbrownscholarship@gmail.com  SECTION 7 -- THIRD-PARTY LINKS  We sometimes provide links to third-party websites or information that we believe may be of interest to you.  We do not control the operation of these third-party links and cannot vouch for the security of these websites or the accuracy of their information.  If you access a third-party link, you do so at your own risk.  You agree that these Terms of Use do not apply to any third-party links.  You agree that we are not liable for any harm or damages related to the purchase or use of products, services, content, or any other transactions made from a third-party website.   Please review carefully the third-party link's policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.   SECTION 8 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY  YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS THAT MAY EXIST.    TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.  WE DO NOT WARRANT THAT ANY OF OUR WEBSITE CONTENT IS ACCURATE, RELIABLE, OR CORRECT.  WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.   SECTION 9 - LIMITATION OF LIABILITY Limitation on Liability.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.  EXAMPLES OF THESE TYPES OF DAMAGES INCLUDE (BUT ARE NOT LIMITED TO):  BODILY INJURY, INJURY TO PROPERTY, LOSS OF PROFITS,  LOST BUSINESS OPPORTUNITIES, INJURY TO REPUTATION.    Limitation on Damages. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING ONE ($1.00) DOLLAR.  Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.  THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.   SECTION 10 - LEGAL ACTIONS We strive to provide an outstanding experience for all of our users.  Unfortunately, sometimes a user may be disappointed in our website and services.  We encourage you to contact us immediately if you are dissatisfied.  Regardless of the reason for your dissatisfaction, you agree that you must bring any cause of action arising related to these Terms of Use, our website, or our services within ninety (90) days after the cause of action accrues. Otherwise, such cause of action is permanently barred, regardless of otherwise applicable state or federal law.  We and You agree that all disputes relating to these Terms of Use will be litigated exclusively in the state or federal courts located in the Commonwealth of Pennsylvania.  SECTION 11 - INDEMNIFICATION  You agree to indemnify our directors, officers, employees, affiliates, agents, licensors, and subcontractors from any claim or demand (including reasonable attorneys' fees) made by any third party due to, or arising out, of your breach of these Terms of Use.    For example, if you steal an image from our website that is protected by the US Copyright Act and the image creator sues us, you will pay us for any expenses we incur in responding to and resolving the matter.  SECTION 12 - SEVERABILITY  If any court or panel of arbitrators deems any one of these Terms of Use to be unenforceable, that determination will not void this entire contract.  Instead, the unenforceable portion shall be deemed to be severed from these Terms of Use and the remaining provisions will continue in effect.   SECTION 13 - TERMINATION  You may terminate these Terms of Use at any time by ceasing to use our Website and requesting we delete your user account (if you created a user account) and unsubscribing to our e-mail communications.  We may terminate these Terms of Use at any time by ceasing to operate our Website.  Any obligations incurred by you or Us before the termination date and which, by their nature should survive the termination of these Terms of Use, will survive the termination of these Terms of Use.  For example, if you breach these Terms of Use, we still have the right to bring legal action even if you claim to have stopped using the website.    SECTION 14 - ENTIRE AGREEMENT  These Terms of Use constitute the entire agreement relating to our Website.  Even though we may fail to exercise or enforce any right or provision of these Terms of Use, our failure shall not constitute a waiver of that right or provision.  For example, if you copy some of our content on your blog without our permission and we do not object, we reserve the right to object and enforce our rights if you do it again.   SECTION 15 - GOVERNING LAW  These Terms of Use and any action related to them will be governed by and construed under the laws of the Commonwealth of Pennsylvania without giving effect to any conflict of law provisions.  This means that Pennsylvania law will apply regardless of the state or country where you are located.    SECTION 16 - CONTACT INFORMATION  If you have any questions, comments, or suggestions, or want to provide a Legal Notice related to these Terms of Use, contact us at: coltbrownscholarship@gmail.com 

Privacy Policy Effective:  March 1, 2022  This website and its services are owned and operated by the Colten D. Brown Memorial Scholarship Foundation, Inc., a Pennsylvania nonprofit corporation (“us”, “we”, “our”, or “Company”).    We are committed to respecting your privacy and safeguarding your personal information.  This privacy policy describes how we collect, use, and share your information.  Please take the time to carefully read this policy before continuing your use of our website and services.  Applicability of this Privacy Policy. This Policy applies to all information collected through our website and any related services, sales, marketing, fundraising, or events (collectively, the “Services”).  You agree to these terms.   By using our Services, you agree to be bound by our Privacy Policy and our Terms of Use.  If you do not agree with our Privacy Policy or our Terms of Service, you must immediately stop using our Services.             What Information Do We Collect? We collect Personal Information.  This information is limited to your name and e-mail address (which are required if you desire to receive our e-mailed communications) and any other personal information you voluntarily share with us, such as your user name, address, telephone number, age, date of birth, testimonials, and any content you upload or share on our Services (such as photos, chats, videos, testimonials, and documents).  We collect Personal Information when you: • Sign up to receive our e-mail communications. • Create a user account or modify your account profile. • Access and use our website and services.  This includes when you upload content, download content, or participate in any of the interactive features of our Services • Request customer support.  We collect Technical Information.  This information is automatically collected by our partners, such as our website host, Google My Business, and Google Analytics, when you use or access our Services.  This information includes the internet address from which you accessed our Services, the date and time of your visit, the country from which you accessed our website, the internet page from which you linked to our Services, your internet browser type, information regarding your use of our Services (such as pages clicked on, length of time spent per page, the words you search for) and whether you are a new or returning user.  We may use cookies or similar tracking technologies to recognize your browser, recognize your device, recognize when you sign in to our Services, and improve our content and navigation.  For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.   How do we use your information? We use your personal information for a variety of legitimate business purposes, including to: • Create and manage a user account on our Services; • Respond to your inquiries and solve any issues you may have; • Deliver targeted communications and request feedback; • Protect against copyright, trademark, patent, and trade secret infringement; • Conduct data analytics, enhance our Services, improve our user experience, and determine the effectiveness of our marketing; • Protect our Services from fraud and data breaches; or • Enforce our legal rights, protect against fraud, and respond to legal requests for information.  We use your technical information to analyze user usage patterns, such as the number of users of our Services, the average time spent on each page, the average number of pages viewed, and user search terms.  This allows us to improve the user experience.  This information also allows us to identify problems with our system's performance.  We use cookies to enhance the user experience on our Services and to personalize your experience.  We want you to receive information that is the most relevant to your interests.  Cookies enable us to determine which content is most useful to our users.  We use Google Analytics and Google My Business to help us understand customer behavior.  You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.  Information we share with others. We do not sell or rent your personal information.  However, we may share your personal information in the following circumstances: • We may disclose your personal or technical information to the government in response to a court order or when otherwise required by law. • We may disclose your personal or technical information to the government or third parties to investigate suspected fraud, threats to the safety of people or places, or other criminal acts. • We may disclose your personal or technical information to the government or third parties to respond to litigation in which we are involved. • We may disclose your personal or technical information with vendors, service providers, consultants, contractors, and agents who perform services for us or on our behalf.   • We may share or transfer your personal or technical information in connection with a merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.   How do we protect your information? We abide by standard industry practices to safeguard the privacy of your personal information.  We employ technical, physical, and administrative safeguards that are reasonable and appropriate for a company of our size and complexity.    We cannot guarantee the complete security of any information transmitted or stored via the internet.  Although we will do our best to protect your Personal Information, the transmission of your Personal Information to and from our Services is at your own risk.  You should take appropriate steps to secure your device and only access our Services from a secured device that you trust.   Links to other sites. We may provide links to other websites that we believe may interest you.  Third parties operate these websites.  We do not and cannot control how these websites.  Therefore, we encourage you to review the privacy policies and terms of use of these websites if you choose to visit them.  Protecting Children’s Privacy Online: Our Services are not intended to be used by individuals under the age of thirteen (13).  We do not knowingly collect information from children under 13 without parental consent.   If you believe we received information from an individual under the age of thirteen (13), please contact us at our email address listed in the Contact Us section below.  We will take all reasonable efforts to remove the information.   For information about the Children’s Online Privacy Protection Act (COPPA) visit the Federal Trade Commission website.   Changes to our Privacy Policy. We may occasionally update this privacy policy.  When we do, we will revise the "Effective Date" at the top of the page.  If we make any material changes, we will inform you via email (if you provided a valid email address to us) or via internal messaging to your user account.    It is your responsibility to periodically review this privacy policy to stay informed about our privacy practice and to be aware of any changes we make to this privacy policy.    Consent. Your continued use of this website and our services acts as your consent to this privacy policy and any changes to it.     Contact Us. If you have any privacy-related concerns, contact us at coltbrownscholarship@gmail.com.  We welcome your questions and comments.