Terms of use

TERMS OF USE – AMERICA250 FOUNDATION

Last Updated: August 2021

1.  Introduction

Welcome to the America250 Foundation (referred to in these Terms as “America250 Foundation”, “the Foundation”, “we”, “us”, or “our”) website (the “Website”), and our Terms of Use (these “Terms”). 

The Website at www.America250.org or its successor website and its subpages and desktop and mobile versions, including all content, materials, products, features, applications, functionality and services made available on the Website or future websites and applications (“the Sites”) is operated by the America250 Foundation, a 501(c)(3) organization, for the sole purpose of supporting the activities of the U.S. Semiquincentennial Commission (“the Commission”). 

The Commission is organized to provide for the observance and commemoration of the 250th anniversary of the founding of the United States and related events through local, State, national, and international activities planned, encouraged, developed, and coordinated by this a national commission representative of appropriate public and private authorities and organizations.

Please read these Terms of Use carefully. Your access to and use of the information contained in the Sites is subject to these Terms of Use. By accessing, browsing, or using the Sites, and any mobile applications or other distribution channels that are now or in the future provided by that link to these Terms, you represent:

(a) that you are (i) at least 18 years of age, (ii) between the ages of 13 and 17 (inclusive) and have the permission of a parent or guardian to use the Sites, or (iii) between the ages of 6 through 12 (inclusive), and have limited access the Sites through the teacher and/or parent account exclusively for in-the-classroom or home school programs, specifically designed for elementary school children;

(b) you have the authority to enter into the Terms of Use personally or on behalf of the person you represent; and

(c) that you consent to your personal data being collected, stored, processed, or transferred in the manner provided for in these terms and as per the Privacy Policy (available at www.America250.org/PrivacyPolicy). 

If you do not agree to be bound by these Terms of Use, you should not access or use the Sites.

2.  Privacy

The America250 Foundation respects the privacy of our Sites’ users. Please refer to the Foundation’s Privacy Policy (available at www.America250.org/PrivacyPolicy) that explains users' rights and responsibilities with respect to information that is disclosed on the Sites and information collected by the Foundation.

3.  User Accounts

- In order to access and use certain areas or features of the Sites, we may invite you to create an account.  To register for an account, you must comply with the provisions of Section 5.  If we invite you to create an account and you do not register, you may not be able to use certain features or functions available on the Sites, such as some fundraising features.

- If you do register, you agree to provide true, accurate and complete information about yourself and the entity you represent. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, the Foundation prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or have provided to the Foundation upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You are responsible for any activity that occurs through your use of the Website and through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights.

- You agree that you are solely responsible for maintaining the confidentiality and security of your Sites login information (such as any username or password). We are not responsible for any unauthorized use of your login information, and you must promptly notify us of any confidentiality breach or unauthorized use of your login information or your Sites account.

- By creating an account, you also consent to receive electronic communications from us (e.g., via email or by posting notices to these Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided.

4.  User Generated ContentThe Sites may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to text, photos, videos, music, sound, graphics, code, items or other materials (collectively, “User Content”). In the event you decide to share your User Content with others through the Sites or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Sites.

- We do not claim any ownership interest in Your Material. However, by uploading, posting or submitting Your Material to the Sites or to our pages or feeds on third party social media platforms, you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display Your Material, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.

By uploading, posting or submitting User Content to us through the Sites or through our pages or feeds on third party social media platforms, you represent and warrant that:

  1. the User Content is non-confidential;
  2. you own and control all of the rights to User Content, and you otherwise have all necessary rights to post User Content;
  3. the User Content does not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party and you have and will maintain all consents, licenses and other authorizations to grant the rights in Your Material under these Terms;
  4. you authorize us to use the User Content for the purposes described in these Terms;
  5. the User Content is accurate and not misleading or harmful in any manner;
  6. the User Content and your use and posting, does not and will not violate these Terms or any applicable law, rule, regulation or third party right;
  7. you permit, but do not require, us to identify you as the provider or author of the User Content;
  8. the Foundation has no liability or responsibility for the storage or deletion or other use of User Content;
  9. the Foundation is not liable for their acts or omissions, and you will have no claim against us for other users’ acts or omissions, including the Foundation’s acts or omissions in respect of User Content; and
  10. The Foundation may, without compensation to you, place or post ads near User Content.

The Foundation may from time to time monitor, review, and in its discretion edit or delete, discussions, postings, and other User Content on the Sites; however, the Foundation is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality, or inaccuracy contained in any information transmitted to any such locations on our Sites. The Foundation will cooperate with law enforcement or a court order requesting or directing the Foundation to disclose the identity of anyone posting any information or material prohibited by these Terms of Use. The Foundation may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of the Foundation, visitors to the Sites, or the public.

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about us, the Sites or Services (collectively, “Feedback”). Feedback is non-confidential and shall become our sole property. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

5.  Acceptable Use

Our goal is to create a positive, useful, and safe user experience. You must use the Sites in a professional manner and not misrepresent your identity, occupation, qualifications, or affiliations with a person or entity, or related information. When using our Website and its features and functions you may not:

  1. violate any applicable federal, state, local, or international law, rule, or regulation;
  2. violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
  3. post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, or intimidating people or entities.
  4. create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, such as spam;
  5. create accounts or access data (including user information) through unauthorized means, such as by using an automated device, caching, script, bot, spider, crawler or scraper;
  6. use the Website in any manner that could disable, alter, overburden, damage, or impair them or engage in any other conduct that restricts or interferes with any other party’s use, which, as determined by us, may harm the Foundation or users of the Sites and expose them to liability, including but not limited to by transmitting any worms, viruses, spyware, malware or any other code of a destructive, malicious, intrusive, or disruptive nature;
  7. stalk, harass, or harm another individual;
  8. impersonate the America250 Foundation, a Foundation employee, another user, or any other person or entity or otherwise perform any other similar fraudulent activity, such as phishing;
  9. use any means to scrape or crawl any web pages contained in the Website;
  10. attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website;
  11. attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Website; or
  12. advocate, encourage, or assist any third party in doing any of the foregoing.

We may suspend and/or terminate at any time users who do not adhere to our Terms of Use. In addition, you acknowledge that we have the right to: (a) refuse, terminate, or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use; (b) force forfeiture of any username for any reason; (c) otherwise remove, edit, block, and/or monitor User Content or accounts containing materials that we determine in our sole discretion violates these Terms of Use.

6.  Intellectual Property Rights

Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the logo of the Commission (licensed to the Foundation for specific use), and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 4, other files and the selection and arrangement thereof (collectively, “Content” or “User Content”) are the proprietary property of America250 Foundation our licensors or users, as applicable, and are protected by U.S. and international copyright laws. 

Copyright protection is not available for any work published by the United States Government.  Therefore, the appearance on these Sites or links to written material and other documents prepared by the Commission, a Federal entity, are in the public domain. (17 U.S.C. §105).  However, copyright holder material that is used with permission, and appeared in Commission Reports on the Sites, is subject to protection under the copyright laws.

With the exception of Commission documents which are in the public domain, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Sites and Content. However, such license is subject to these Terms and does not include any right to:

  1. sell, resell or use commercially the Sites or Content;
  2. distribute, publicly perform or publicly display any Content;
  3. modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof;
  4. use any data mining, robots or similar data gathering or extraction methods;
  5. download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us; and
  6. use the Sites or Content other than for their intended purposes.

Use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights or Content of America250 Foundation, or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.

Notwithstanding anything to the contrary in these Terms, the Sites and Content may include software components provided by us or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

The America250 Foundation is committed to respecting and protecting the legal rights of copyright owners. As such, the Foundation adheres to the following notice and take-down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the information posted on the Sites infringes upon your intellectual property rights, please submit a notification alleging such infringement to info@america250.org.

7.  Third Party Links

The Sites may allow connectivity (e.g., via links or references) through websites, platforms, and applications maintained by third parties such as Facebook and Twitter (“Third Party Sites”) over whom the Foundation has no control, and such Third Party Sites may enable sharing and collaboration among their registered user community. Any content or personal information you provide through those Third Party Sites are subject to terms and conditions and privacy policies of those Third Party Sites. Inclusion of any link to Third Party Sites does not imply an endorsement or recommendation by the Foundation. The Foundation makes no representations or warranties of any kind as to the accuracy, currency, or completeness of any information contained in such Third Party Sites and shall have no liability for any damages or injuries of any kind arising from such content or information. You should refer to those terms and policies to determine your rights for that content.

8.  Donations, Campaigns, and Purchases (and Sales Taxes)

a)  Donations

(i) Tax Deductible Contribution – By completing this transaction, you agree and understand that you are making a donation to the America250 Foundation, Inc., a 501(c)(3) charitable nonprofit organization as determined by the Internal Review Service to be a supporting organization of the U.S. Semiquincentennial Commission.  Your credit card billing statement, your PayPal account, or other method(s) of payment, will show your donation was made to the America250 Foundation, and is tax-deductible pursuant to the applicable provisions of the Internal Revenue Code.

(ii)  Information Required to Make a Contribution – If you use our webpage to make a donation, you will be asked to supply certain information relevant to your contribution, including and without limitation, your credit card number, the expiration date on your credit card, your three-digit security code on the reverse side of your credit card, your billing address; your telephone number; and your email address (“Payment Information”).

(iii)  Contributor Representations – By using your credit card, PayPal account, or other method(s) of payment, you represent and warrant to the America250 Foundation that: (a) you have the legal right to use any credit card(s), PayPal account, or method(s) of payment in connection with your donation; and (b) the information that you provided is true, complete, and correct.

(iv) Security of Payment Information – The America250 Foundation partners with MobileCause in order to receive and process your donations. The America250 Foundation uses industry standard SSL technology to securely transmit any Payment Information submitted through our website to MobileCause.  MobileCause complies with the current data protection standards established by the PCI Security Standards Council. 

The America250 Foundation only receives the name, addresses, and email address of contributors. By making a donation, you agree that the Foundation may retain, use, and process this information in accordance with this Privacy Policy, including for the purpose of sending contributors announcements of activities of the Foundation.

(v) Refusing or Cancelling Donations – The America250 Foundation reserves the right to refuse or cancel your donation if fraud, unauthorized, or an illegal transaction is suspected, or if accepting the donation would conflict with the purpose of the America250 Foundation.

(vi) Refunds. All donations are nonrefundable. If you have submitted an order by mistake or made an error in the amount of your donation, please contact us immediately.

(vii) State Registration Requirements.  Certain states require written disclosures for nonprofit organizations soliciting contributions.  REGISTRATION WITH A STATE AGENCY DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, APPROVAL OR RECOMMENDATION BY THAT STATE.   Individual statemen requirements, include:

Florida – A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE, WITHIN THE STATE, 1-800-435-7352 (800-HELP-FLA), OR VISITING https://csapp.800helpfla.com/CSPublicApp/CheckACharity/CheckACharity.aspx. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. FLORIDA REGISTRATION #CH64343

Georgia – A full and fair description of the America250 Foundation’s programs and our financial statement summary is available upon request by contacting us: info@America250org.

Maryland – For the cost of copies and postage, from the Office of the Secretary of State, State House, Annapolis, MD 21401.

Mississippi – The official registration and financial information of the America250 Foundation may be obtained from the Mississippi Secretary of State’s office by calling 1-888-236-6167. Registration by the Secretary of State does not imply endorsement.

Nevada – Contributions may be tax-deductible pursuant to the provisions of sec. 170(c) of the Internal Revenue Code of 1986, 26 U.S.C. §170(c).

New Jersey – INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING (973)504-6215 AND IS AVAILABLE ON THE INTERNET AT: http://www.state.nj.us/lps/ca/charfrm.htm. REGISTRATION WITH THE ATTORNEY GENERAL DOES NOT IMPLY ENDORSEMENT.

New York – Upon request, from the Attorney General’s Charities Bureau, 28 Liberty Street, New York, NY 10005, 1-212-416-8686 or www.charitiesnys.com.

North Carolina – Financial information about this organization and a copy of its license are available from the State Solicitation Licensing Branch at 1-919-814-5400. This is not an endorsement by the state.

Pennsylvania – The official registration and financial information of the America250 Foundation may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania, 1-800-732-0999. Registration does not imply endorsement.

Virginia – State Division of Consumer Affairs, Department of Agricultural and Consumer Services, PO Box 1163, Richmond, VA 23218.

Washington – Secretary of State at 1-800-332-4483 or https://www.sos.wa.gov/charities/.

West Virginia – West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, WV 25305

Wisconsin – A financial statement of the charitable organization disclosing assets, liabilities, fund balances, revenue and expenses for the preceding fiscal year will be provided to any person upon request.

b)  Campaigns

RESERVED

c)  Sale of Merchandise

i) The BuyAmerica250.org domain – This domain is owned by the America 250 Foundation Inc., but it is managed and operated by the company of C. Forbes, Inc. This third-party currently has been designated to manage the sales of, and to sell, our officially licensed merchandise.

ii) Returns, Sales, and Other Concerns – The sale of all merchandise is solely the responsibility of C. Forbes, Inc. including the collection of appropriate sales tax, and is governed by C. Forbes’ Terms and Conditions, available at https://buyamerica250.org/terms/. Any questions regarding the quality, returns, or sales of merchandise should be directed to C. Forbes, Inc., using the contact information provided in its Terms and Conditions.

iii) Security and Confidentiality of Information Collected – By managing the BuyAmerica250.org domain, C. Forbes, Inc. has implemented all appropriate industry standards and best practice to provide layers of protections against the theft of ID and payment information in accordance with the BuyAmerica250.org Terms and Conditions available at https://buyamerica250.org/terms/ and Privacy Policy available at https://buyamerica250.org/privacy/.

iv) Credit Card Information – C. Forbes, Inc. and its subcontractors comply with applicable data privacy and protection law, as well as the Payment Card Industry Data Security Standard (“PCI DSS”). C. Forbes, Inc.’s payment Processor is PayPal Pro and its Ecommerce hosting provider is WooCommerce. The America 250 Foundation does not receive or access payment card information, including such information collected through the BuyAmerica250.org website.

v) Information Collected by the America 250 Foundation – The America 250 Foundation only receives such contact information as the name, addresses, and email addresses of those who purchase items from BuyAmerica250.org. By making a purchase, you agree that the Foundation may retain, use, and process this information in accordance with our Privacy Policy, https://america250.org/privacy-policy/ including for the purpose of sending purchasers announcements of activities of the Foundation.

RESERVED

9.  Commercial use

RESERVED

10.  Indemnification

You agree to indemnify and hold harmless the Foundation from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of these Terms of Use. You also agree to indemnify and hold harmless the Foundation from and against any and all claims brought by third parties arising out of your use of the Website and the content you make available via the Website by any means, including without limitation through a posting, a link, references to said content, or otherwise.

11.  Disclaimer of Warranties and Limitation of LiabilityOUR SITES AND ALL CONTENTS OF THE SUCH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITES, AND THAT THE AMERICA250 FOUNDATION SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OUR SITES, INCLUDING WITHOUT LIMITATION ANY NORMAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, OR INDIRECT DAMAGES AS A RESULT OF THE USE OF THE INFORMATION PROVIDED THROUGH THE SITES AND SERVICES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IF, FOR ANY REASON, THE AMERICA250 FOUNDATION IS DETERMINED TO HAVE FINANCIAL LIABILITY TO YOU, THE TOTAL LIABILITY SHALL BE LIMITED TO THE AMOUNT THAT YOU HAVE PAID US TO USE THE SITES, IF ANY.

12.  Governing Law

Should any dispute or controversy arise out of or relating to these Terms of Use, the Privacy Policy or the Website provided by the Foundation, it shall be subject to the jurisdiction and venue of State and Federal Courts in the Commonwealth of Pennsylvania, and shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions.

13.  Severability

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

14.  Modification and Termination

The America250 Foundation may revise these Terms of Use from time to time and in our sole discretion. In the event of such changes, the Foundation will post the changes on the Sites and/or notify you via email. All changes are effective immediately when we post them to the Sites, and apply to all access and use of our Sites and services thereafter. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You should revisit this page from time to time so that you are aware of any changes, as they are binding on you. If you do not agree to any changes we make to these terms, please discontinue use of the Sites and services immediately. If changes are material, in our sole discretion, we will use best efforts to provide notice to you prior to such changes taking effect. Any modification by you will be void and shall have no effect.

We may change or discontinue the Sites at any time without prior notice, and we reserve the right to terminate these Terms of Use at our election and for any reason. Upon any such termination or suspension, your right to use the Sites will cease, and we may, without liability, immediately deactivate or delete your username, password and account, and all associated materials, without any obligation to provide any further access to such materials.  You acknowledge and agree that we shall have no liability or legal obligation to you in such event, and that you will not be entitled to a refund of any amounts or donations that you have already paid to us, to the fullest extent permitted by applicable law.

15.  Miscellaneous

These Terms constitute the entire agreement between you and us relating to your access to and use of the Sites and your order, receipt and use of Services.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. We have agreed that the language of these Terms and any purchase of Services or donations through the Sites shall be English.

16.  Contact Us

If you have any questions about these Terms of Use, please contact us by: 

Phone: 202-871-1776

Email: info@america250.org U.S. Mail: P.O. Box 27839, Washington, D.C. 20038