Terms of Use

Last Updated: JUNE !2, 2021


Use of this Website signifies your agreement to these terms of use (“Terms of Use”).


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE


The following Terms of Use apply to the website at www.johnwallfoundation.org and related
platforms (the “Website”) owned and operated The John Wall Family Foundation (“us”, “we”,
“our”, or “Foundation”). By accessing, browsing and/or using the Website, including but not
limited to, the John Wall Family Foundation Scholars Program portal, you acknowledge that you
have read, understood and agree to be bound by these Terms of Use in their entirety, any
modifications to the Terms of Use, which is incorporated by reference into these Terms of Use.
In addition, you agree to comply with all applicable laws, rules and regulations governing your use
of the Website. If you do not agree to these Terms of Use, you are not permitted to access,
browse or use the Website.


Please return to the Website and review these Terms of Use from time to time, as they may be
amended without notice to you. Any changes to these Terms of Use will be effective immediately
upon the posting of the revised Terms of Use at the Website. Please note that your use of certain
content and features of the Website may be subject to additional terms. By using such content
and features, you also agree to be bound by such additional terms.


The Website is only intended to be accessed and used by individuals that are 18 years of age or
older. If you are below the age of 18, then your parent or legal guardian must read and accept the
terms and conditions of these Terms of Use on your behalf. If you become aware of anyone using
the Website who is under the age of 13, please report this to: info@johnwallfoundation.org. We
do not knowingly collect information from anyone under the age of 13. We may, in our sole
discretion, refuse to offer the Website to any person or entity for any reason.


PROPRIETARY RIGHTS; USE OF CONTENT
This Website is owned and operated by the Foundation and, in the case of certain features and
content, its affiliates, licensors and/or third party service providers, and unless otherwise
indicated, all the content appearing at the Website (collectively, “Content”) is the property of the
Foundation and its affiliates, its scholars, licensors and/or third party service providers and
protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual
property laws. All trademarks, service marks, trade names, logos and other indicia of origin
(collectively, “Marks”) appearing on the Website are the property of the Foundation, its affiliates,
licensors, and/or third party service providers. You may not make any use of any Content or Marks
without the prior written consent of Foundation and any applicable third party. No Content from
the Website may be copied, reproduced, republished, translated, uploaded, posted, transmitted,
or distributed in any way, except that you may download one copy of Content on any single
computer for your personal non-commercial use, only, provided you keep intact all copyright and
other proprietary notices. Modification of the Content or use of the Content for any other
purpose may be a violation of copyright, trademark, trade secret rights and others’ proprietary
rights belonging to Foundation and its affiliates, licensors and/or third party service providers.

For purposes of these Terms of Use, the use of any such Content on any other website or
networked computer environment is prohibited.


The Foundation from time to time may request that its scholars, family members, legal guardians
or related educators submit videos, testimonial or other materials to it and such materials may
be made available on this Website and elsewhere, and as indicated below such persons are solely
responsible for such content and the Foundation is not responsible or liable for the accuracy,
reliability or completeness of such third-party content.


YOUR CONDUCT
In using or accessing the Website you agree:


• not to disrupt or interfere with the security of, or otherwise abuse, the Website,
or any services, system resources, accounts, servers or networks connected to or
accessible through the Website or affiliated or linked websites;
• not to use the Website for a purpose that is unlawful, tortious, libelous,
defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on
another’s privacy, or inappropriate with respect to race, gender, sexuality,
ethnicity, or other intrinsic characteristic;
• not to disrupt or interfere with any other user’s enjoyment of the Website;
• not to use, frame or utilize framing techniques to enclose any Marks or other
proprietary information (including the images and information available through
the Website, the content of any text or the layout/design of any page) without
the Foundation’s express written consent;
• not to use meta tags or any other “hidden text” utilizing a Mark, videos or other
materials without the Foundation’s express written consent;
• not to use the Website for any commercial purpose not expressly approved by
the Foundation in writing, including without limitation, unsolicited advertising
junk mail or spam;
• not to monitor, scrape, index or otherwise copy any of the material on the
Website by means of any robot, spider or other automatic device, process or
means, regardless of whether such use my be considered a fair use under United
States copyright law;
• not to disassemble, decompile or reverse engineer or otherwise attempt to
derive the source code of the Website, except as permitted by applicable laws;
• not to “deeplink” to the Website without the Foundation’s express written
consent; and
• not to attempt to obtain unauthorized access to the Website or portions of the
Website that are restricted from general access.

You agree to immediately notify us if you suspect fraudulent or abusive activity, or any activity in
violation of these Terms of Use. If you so notify us, or we otherwise suspect fraudulent or abusive
activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention
or other measures we prescribe.


FORUM, BLOG, EVENTS AND POSTING POLICY

From time to time on certain areas of our Website you may be able to submit photos, events,
videos, testimonials, podcasts, written posts, and certain other materials (“User Content”). By
using these features, you agree that you will not post any such User Content that is unlawful,
tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on
another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other
intrinsic characteristic; that you will not upload, post, reproduce, or distribute any information,
software, or other material protected by copyright or any other intellectual property right (as well
as rights of publicity and privacy) without first obtaining the permission of the owner of such
rights; that you will not collect or store personal data about other users in your User Content; that
will not post any User Content that contains personal information about or the likeness of any
individual, violates the privacy/publicity of any other individual or entity, or anything that you are
under a contractual obligation to keep private or confidential; that you will not post any User
Content that is clearly false or misleading; that you will not impersonate any person or
organization, including without limitation, the personnel of the Foundation, or misrepresent an
affiliation with another person or organization; and you will not post or upload any User Content
that contains viruses, corrupted files, or any other similar software or programs that may
adversely affect the operation of the Website, or any feature of the Website.


By displaying, publishing, or otherwise posting any User Content on or through the Website, you
hereby grant to the Foundation a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free
license to use your User Content (including, without limitation, to modify, publicly perform,
publicly display, reproduce, and distribute such User Content) in any and all media now known or
hereinafter developed without the requirement to make payment to you or to any third party or
the need to seek any third party permission. This license includes the right to host, index, cache,
distribute, and tag any User Content, as well as the right to sublicense User Content to third
parties, including other users, for use on other media or platforms known or hereinafter
developed, such as for use on mobile phones, or in video, music, or software programs. You
continue to retain all ownership rights in your User Content, and you continue to have the right
to use your User Content in any way you choose, subject to these Terms of Use and the license
described herein. You represent and warrant that you own the User Content submitted,
displayed, published or posted by you on the Website and otherwise have the right to grant the
license set forth herein, and the displaying, publishing or posting of any User Content you submit,
and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights,
trademark rights, patents, contract rights or any other intellectual property rights or other rights
of any person or entity. Notwithstanding the foregoing, you further understand and agree that
you have no ownership rights to any account you may have with us, or other access to the Website
or features therein. Foundation may cancel your account and delete all User Content associated
with your account at any time, and without notice, including without limitation if Foundation
deems that you have violated these Terms of Use, the law, or for any other reason.


The Foundation assumes no liability for any information removed from our Website, and reserves
the right to permanently restrict access to the Website or a user account. Foundation does not
endorse, verify, evaluate or guarantee any information provided by users and nothing shall be
considered as an endorsement, verification or guarantee of any User Content. You shall not create
or distribute information, including but not limited to advertisements, press releases or other
marketing materials, or include links to any sites which contain or suggest an endorsement by
Foundation without the prior review and written approval of Foundation.

You agree to indemnify and hold the Foundation, its parents, subsidiaries, officers, employees,
and website contractors and each of their officers, employees and agents harmless from any
claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your
violation of these Terms of Use, including the posting policy, or any violations thereof by your
dependents or which arises from the use of User Content you submitted, posted, or otherwise
provided to the Foundation or this Website.


ACCOUNTS, PASSWORDS, AND SECURITY
Certain areas of the Website require registration or otherwise ask you to provide information to
participate in certain features or access certain content, including but not limited to the Scholars
Program portal. If you elect not to provide such information, you may not be able to access certain
content or participate in certain features of the Website, or any features at all.


If the Website requires you to create an account or otherwise submit information, you must
complete the specified process by providing us with current, complete, and accurate information
as requested by the applicable registration form. It is your responsibility to maintain the currency,
completeness, and accuracy of your registration data, and any loss caused by your failure to do
so is your responsibility. During the registration process, you will be asked to enter valid e-mail
address and choose a password. It is entirely your responsibility to maintain the confidentiality of
your password and account. Additionally, you are entirely responsible for any and all activities
that occur under your account. You agree to notify the Foundation immediately of any
unauthorized use of your account. You further agree not to email, post, or otherwise disseminate
any user ID, password, or other information that provides you access to the Website. The
Foundation is not liable for any loss that you may incur as a result of someone else using your
password or account, either with or without your knowledge, and is not responsible for any delay
in shutting down your account after you have reported a breach of security to us.


LINKS AND THIRD PARTIES
Links on the Website to third party websites that you encounter via the Website are solely
provided as a convenience to you. If you use these links, you will leave the Website. You agree
that the Foundation will not be responsible or liable for any dispute, loss or damage of any kind
incurred as a result of any dealings between you and any such third parties. In addition, you
acknowledge that the Foundation does not endorse, verify, or make any representations
regarding any third party advertisements, products or services. It is your sole responsibility to
research and verify the legitimacy of any entity and content linked to the Website, and you are
solely responsible for your decision to submit personal information to any third party. Any
personal information that you submit through such third party site with be subject to the privacy
policy and terms of use on that site.


DIGITAL MILLENNIUM COPYRIGHT ACT
The Foundation has adopted the following policy towards copyright infringement in accordance
with the Digital Millennium Copyright Act ( “DMCA”). If you believe that your content has been
copied and posted on the Website in a way that constitutes copyright infringement, please
provide our Copyright Agent with 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 the Website
(and such description must be reasonably sufficient to enable us to find the alleged
infringing material);
• your contact information, including address, telephone number and email address;
• a written 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 authorized to act on the
copyright owner’s behalf.


Notice of claims of copyright infringement should be provided to The Foundation’s Copyright
Agent via email to info@johnwallfoundation.org with a subject line that includes “DMCA
Request”, by phone to or via mail to the following address:


Copyright Agent
c/o John Wall Family Foundation
P.O. Box 902, Suitland, MD 20752


The Foundation will terminate the website or Forum use of any repeat infringer.


PRIVACY POLICY
The Foundation recognizes the importance of respecting your privacy. The Foundation’s privacy
policy provides you with information on how we use your personal information. Please review
this policy for more information.


CHANGES TO WEBSITE
The Foundation may add, change, discontinue, remove or suspend any portion of the Website at
any time, without notice.


TERMINATION
The Foundation reserves the right, without notice and at its sole discretion, to suspend or
terminate these Terms of Use and/or your ability to access or use the Website, and to block or
prevent future access to and use of the Website for any reason, including your breach of these
Terms of Use or other conduct by you that the Foundation considers inappropriate. The
Foundation reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Website (or any part thereof) with or without notice. Except as
otherwise expressly stated in the Terms of Use, you agree that the Foundation shall not be liable
to you or to any third party for any modification, suspension or discontinuation of the Website
(or any portion thereof).


DISCLAIMER
THE FOUNDATION MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE WEBSITE

OR CONTENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE
FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE, CONTENT AND ANY LINKED
WEBSITE. THE FOUNDATION DOES NOT WARRANT THE FUNCTIONALITY, INFORMATION OR LINKS
CONTAINED ON THE WEBSITE OR THAT CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE
WEBSITE OR CONTENT ARE FIT FOR ANY PARTICULAR PURPOSE, THAT THE OPERATION OF THE
WEBSITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. THE
FOUNDATION DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR
THE RESULTS OF THE USE OF ANY CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT THE FOUNDATION) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


LIMITATION OF LIABILITY
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE, SHALL THE FOUNDATION AND ITS AFFILIATED ENTITIES OR ANY OF THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE
FOUNDATION PARTIES”) BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED
(INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF
LIABILITY ARISING IN CONNECTION WITH: (A) THE WEBSITE, INCLUDING, WITHOUT LIMITATION,
ANY CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT
LIMITATION, ANY CONTENT; (C) ANY THIRD PARTY WEBSITE OR SERVICE USED IN CONNECTION
WITH OR AVAILABLE THROUGH THE WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION
OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR
RECEIVED IN CONNECTION WITH THE WEBSITE; OR (E) ERRORS, SYSTEM DOWN TIME, NETWORK
OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS, EVEN IF A FOUNDATION
PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES.


NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE FOUNDATION’S
CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF
THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU FOR ACCESS TO THE WEBSITE. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER
THESE TERMS OF USE SHALL BE TO DISCONTINUE ANY USE OF THE WEBSITE.


APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.


YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING THE WEBSITE AND
AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS
THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH
WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY
EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY
SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM/HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”


INDEMNIFICATION
By using the Website, you agree to indemnify, defend and hold harmless the Foundation from
and against any actual or alleged claims, demands, causes of action, judgments, damages, losses,
liabilities, and all costs and expenses of defense (including, without limitation, reasonable
attorneys’ and other legal fees and costs) arising out of or relating to: (1) your violation of these
Terms of Use or any law, rule or regulation; (2) your use of the Website, including, without
limitation, any Content available on the Website and any activity of yours on the Website; (3) loss
of any data or account information; and (4) any material uploaded by you or through your
computer to the Website or otherwise sent by you to the Foundation. You will cooperate as fully
and reasonably as required by the Foundation in the defense of any claim. The Foundation
reserves the right to assume the exclusive defense and control of any matter subject to
indemnification by you, and you will not in any event settle any claim without the prior written
consent of the Foundation.


PERMISSION FOR WEB LINKING
If you link to the Website, you may only link to the home page, and the link must be in plain text,
unless otherwise approved in writing by the Foundation. Any such link must not damage, dilute
or tarnish the goodwill associated with the Foundation and/or any Foundation intellectual
property, nor may the link create the false appearance that your Website or organization is
sponsored, endorsed by, affiliated or associated with Foundation, and you may not “frame” the
Website. You may not link to the Website from any website that is unlawful, abusive, indecent or
obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Foundation’s
sole discretion. The Foundation reserves the right, in its sole discretion, to terminate any link
from any website.


FORCE MAJEURE
The Foundation will not be responsible for any delay, failure in performance or interruption of
service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil
disturbances, wars, strikes or other labor disputes, fires, transportation contingencies,
interruptions in telecommunications or Internet services or network provider services, failure of
equipment and/or software, other catastrophes or any other occurrences which are beyond the
Foundation’s reasonable control.


GOVERNING LAW/MISCELLANEOUS
These Terms of Use shall be exclusively governed by and construed in accordance with the laws
of the State of Maryland within the United States of America without giving effect to any
principles of conflicts of law. Any dispute arising from these Terms of Use or the Website shall be
resolved in the state or federal courts residing in Prince George’s County, Maryland and you
irrevocably agree to the jurisdiction of such courts. The Foundation makes no representation that
Content contained on the Website is appropriate or available for use in jurisdictions outside the
United States, or that the Terms of Use comply with the laws of any other country. Visitors who
use the Website and reside outside the United States do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are applicable. If any
provision of these Terms of Use are deemed unlawful, void or for any reason unenforceable, then

that provision shall be deemed severable from these Terms of Use and shall not affect the validity
and enforceability of any remaining provisions. You agree that any dispute arising out of or
relating to your Terms of Use, including without shall be resolved solely by mandatory,
confidential mediation, with each party paying their respective attorney’s fees.


CONTACT US
If you have any comments or questions regarding these Terms of Use, or wish to report any
violation of these Terms of Use, please contact us at info@johnwallfoundation.org or The John
Wall Family Foundation, P.O. Box 902, Suitland, MD 20752. We will attempt address any issue
raised in a reasonable period of time.