Legal Notice

The American Tree Foundation ( “we,” “us,” or “our”) Terms of Use (“Terms”) apply to users of our website, mobile site, application, and any service provided thereby (collectively, our “Services”) provided by the American Tree Foundation or its parents, subsidiaries, and/or affiliates that link to this Privacy Policy, including without limitation, www.americantreefoundation.org.

Read these Terms carefully before you begin using our Sites.  BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING OUR SITES, ITS SERVICES, AND THE CONTENT AVAILABLE HEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS.

Access to the Services is intended only for users located within the United States. The American Tree Foundation makes no representation or warranty of any kind that use of our Site outside of the United States is lawful or permissible. Those who access our Site from other jurisdictions are responsible for their compliance with local laws pertaining to the use of our Site. The Services are also not intended for use by minor children. By using the Services, you represent and warrant that you are eighteen (18) years of age or older

Note that these Terms may be updated from time to time, and any user’s continued use of our Sites after we have made updates to the terms is considered acceptance of those updates.  For clarity, all updates are effective immediately when posted.  It is your responsibility to check these Terms periodically for updates.

1. Access to and Use of our Site and the Services

When you make a donation through our Site, you may be required to provide your name, telephone number(s), e-mail, and/or street address, credit card number, debit card number, charge card number, or other payment information, as well as and other personally identifiable information (“Personal Information”).  By providing such information, you acknowledge and agree that we may, and you specifically authorize us or permitted third parties to, process all transactions related to our Sites and its operation, including without limitation, donations and/or registration for support.  You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through our Sites.

a. Your Representations.  You agree, represent, warrant, and guarantee that all Personal Information provided by you, either through our Site or when communicating with an American Tree Foundation representative, is true, accurate, complete, up-to-date, and solely yours.  You may not impersonate, imitate, or pretend to be somebody else when registering for our Services or making a donation.  We strongly recommend that you do not use the Services or access our Sites on any public computer.

b. Limitations on Use.  Our Site may be used and accessed for lawful purposes only.  You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of our Site and its content.  In addition, without limitation, you agree that you will not do any of the following while using or accessing our Sites:

• in any manner transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
• in any manner transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);
• in any manner transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material;
• copy, reproduce, republish, upload, post, transmit, or distribute the Services, our Site, or any content thereof;
• share or sell information derived from or related to the Services, our Site, or any content thereof;
• modify, translate, alter, adapt, de-compile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute, or display, or create derivative works, compilations, or collective works based on the Services, our Sites, or any content thereof;
• knowingly or negligently permit other individuals or entities to use or copy the Service or “frame” or “mirror” the Service on any other server or wireless or Internet-based device;
• circumvent, disable, or otherwise interfere with security-related features on our Sites or features that prevent or restrict use or copying of any content;
• use the Services to collect or store Personal Information about other users;
• knowingly include or use any false or inaccurate information in any information form;
• in any way transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of our Site, or interfere with the access of any other user to our Site;
• attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting our Site;
• attack our Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of our Site;
• transmit or upload any material to our Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
• attempt to decipher, de-compile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide our Site;
• use our Site in any way that competes with us; or
• encourage, collaborate with, or instruct any other person or entity to do any of the foregoing.

ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICES OR SITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW.  SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.

We reserve the right, in our sole discretion, to audit or otherwise monitor any communication transmitted using our Site.  We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment.  NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF OUR SITE OR TO RETAIN THE CONTENT ON OUR SITE UNLESS OTHERWISE AGREED OR REQUIRED BY LAW.

c. User Information, Feedback, or Suggestions.  All information, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to the American Tree Foundation or otherwise disclosed  submitted, or offered concerning our Site in connection with your use of our Site will be the American Tree Foundation's property, whether provided through a Site form, an e-mail, a written letter, a phone call, or other.  Such disclosure, submission, or offer of any Feedback will constitute an assignment to American Tree Foundation of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Feedback. The American Tree Foundation will be under no obligation to (i) maintain any Feedback in confidence; (ii) pay any compensation for any Feedback; or (iii) respond to any Feedback.

d. Updates and Outages. It may be necessary for the American Tree Foundation to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Services or result in a partial or complete outage of the Services.  The American Tree Foundation provides no assurance that you will receive advance notification of such activities or that the Services will be uninterrupted or error-free.  Any degradation or interruption of the Services will not give rise to a refund or credit of any fees paid by you.

e.  Links to Third-Party Websites. Our Site may contain links to other websites on the Internet, which are not maintained by us.  When you leave our Site, you do so at your own risk.  By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity.  Other websites are not under our control, and you acknowledge that we shall not be responsible or liable for any of the text, images, videos, or any other content or information from a third-party website.  You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website.

f.  Reliance on Information Posted.  We reserve the right to modify our Site in our sole discretion without notice.  We will not be liable if, for any reason, any part of our Site or the entire Site is unavailable for any period of time.  Periodically, we may restrict access to portions of our Site or the entire Site.  We may make these modifications at any time and for any reason without prior notice.  You assume any and all risk for decisions based on information contained within our Sites.  The information presented on or through our Site is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place, or decisions you make, on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on these Site materials by you or any other user of our Site, or by anyone who may be informed of any of its contents.

2. Intellectual Property

Our Site, including all text, images, designs, graphics, content, source code, object code, data, features, and functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials.  For purposes of clarity, the American Tree Foundation owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within our Site database(s) as part of our Site.  This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  Our Sites content is copyrighted material and is protected by the Copyright Act of 1976.  You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on our Sites without our prior, express, and written permission.

You do not and will not acquire any intellectual property rights in our Site, including but not limited to the underlying Services and the content published herein, by your use of our Site.  Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use our Site and to download and print any content provided by us, solely for your personal and non-commercial purposes.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited license expressly granted in the preceding sentence.

3. Disclaimer of Warranties

OUR SITES AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

THE AMERICAN TREE FOUNDATION, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.  WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP.  WE MAKE NO WARRANTIES OF ANY KIND REGARDING OUR SITE OR INFORMATION FOUND ON OUR SITE.  WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN OUR SITE.  WE DO NOT WARRANT THAT OUR SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS-FREE. TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT US TO DISCLAIM WARRANTIES IN THESE WAYS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

4. Your Security

You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from our Site to reconstruct any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any third-party website linked to it.

Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you.  In such event, the exclusions shall apply to the fullest extent permitted under applicable law.

5.  Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE AMERICAN TREE FOUNDATION, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF OUR SITE AND THE SERVICES.

You acknowledge that you are responsible for any actions you take while on our Site.   You recognize that your use of our Site and any subsequent actions arising from your use of our Site are taken solely at your own risk.

IN NO EVENT WILL THE AMERICAN TREE FOUNDATION, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY OR UNDER ANY EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE OUR SITE AND THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, CLINICAL OUTCOMES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  NO CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH OUR SITE OR THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.

6. Indemnification

You will indemnify, defend, and hold harmless the American Tree Foundation, our licensors and affiliates, and our and their respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:

• your access to or use of the Services, including but not limited to our Site and its content;
• your violation of any of the provisions of these Terms;
• any activity related to your accessing the Services, including, without limitation, negligent or wrongful conduct; or
• your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.

For purposes of clarity, these indemnification obligations apply to your use of our Site, along with your use of our Sites’ content and Services, other than as expressly authorized in this Terms, and your use of any information obtained from our Site or any information you provide to our Site.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

7. Our Compliance with COPPA

OUR SITES IS NOT INTENDED FOR USERS WHO ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE.  

8.  Governing Law and Venue

These Terms shall be construed, governed, and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws).  You agree that venue for all actions, relating in any manner to this Terms of Use, shall be in a federal or state court of competent jurisdiction located in Austin, Travis County, Texas.  Each party to these terms waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.

9.  Severability and Waiver

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity so that the remainder of that provision and all remaining provisions will continue in full force and effect.  No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision

10. Relationship

No joint venture, partnership, employment, or agency relationship exists between you and the American Tree Foundation as a result of the Terms or use of the Services. The failure of the American Tree Foundation to enforce any right or provision in the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by the American Tree Foundation in writing.

11. Force Majeure

No party to these Terms will be liable to the other party for any failure to perform any of its obligations, except payment obligations, under the Terms during any period in which such performance is delayed by circumstances beyond its reasonable control, including, but not limited to, disease, outbreak, pandemic, and/or related government recommendations and/or orders, fire, flood, war, embargo, strike, riot, unavailability of the Internet, or the intervention of any governmental authority.

12. Changes to the Terms of Use

We will make changes to these Terms from time to time.  The date that these Terms were last revised is identified at the top of the page.  You are responsible for ensuring that you periodically visit our Sites and these Terms to check for any changes.

13. Notice

The American Tree Foundation may give notice by means of a general notice via the Service, electronic mail to your e-mail address on record in the American Tree Foundation’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in the American Tree Foundation’s account information. Such notice will be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). 

14.  Entire Agreement

These Terms, together with the Privacy Policy, comprise the entire agreement between you and the American Tree Foundation and supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and the American Tree Foundation regarding such subject matter.

BY USING OUR SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS.