Terms and Conditions
Terms and Conditions of Using Raintrust Foundation Web Site: If you visit this Site or make a contribution to Raintrust Foundation and receive a Raintrust Foundation Certificate of Sponsorship or other premiums you accept these conditions. Please read them carefully. By clicking on the "accept" button below, you are consenting to be bound and becoming a party to this agreement. If you do not agree to all of the terms set forth in this agreement, click the "do not accept" button and the sponsorship process will not continue.


Raintrust Foundation is a publicly supported charitable organization exempt from federal income tax as described in Section 501(c)(3) of the Internal Revenue Code whose mission is to preserve the Amazon Rainforest. Contributions are deductible to the full extent allowed by law. Raintrust Foundation is offering contributors Certificates of Sponsorship of acres being protected in Raintrust's Nature Reserve in the Brazilian rainforest, and is not offering contributors who receive these Certificates of Sponsorship any ownership interest in Raintrust's Brazilian rainforest protected acres. The laws of Brazil preclude non-residents from having an ownership interest in the Brazilian rainforest. Contributors who receive Certificates of Sponsorship will be entitled to a charitable contribution to the full extent allowed by law for their contribution.

Electronic Communications: When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy Policy: The Raintrust Foundation Privacy Policy explains the practices that apply to your information when you use this Site. Your ongoing use of this Site signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the "Privacy Policy" link located on the home page of Raintrust Foundation.

Ownership: You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio and video without the written permission of Raintrust Foundation. Raintrust Foundation neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Raintrust Foundation.

Copyright: All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Raintrust Foundation or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Raintrust Foundation and protected by United States and international copyright laws. All software used on this site is the property of Raintrust Foundation or its software suppliers and protected by United States and international copyright laws.

Trademarks: Raintrust Foundation, and other marks indicated on our site, are trademarks of Raintrust Foundation or its subsidiaries, in the United States and other countries and Raintrust Foundation graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Raintrust Foundation or its subsidiaries. Raintrust Foundation's trademarks and trade dress may not be used in connection with any product or service that is not Raintrust Foundation's, in any manner that is likely to cause confusion among contributors, or in any manner that disparages or discredits Raintrust Foundation. All other trademarks not owned by Raintrust Foundation or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Raintrust Foundation or its subsidiaries. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Raintrust Foundation or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Raintrust Foundation will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

License and site access: Raintrust Foundation grants you a limited license to access and make personal noncommercial use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Raintrust Foundation This license does not include any resale or commercial use of this site or its contents; any collection and use of any premium listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any charitable or commercial purpose without express written consent of Raintrust Foundation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Raintrust Foundation and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Raintrust Foundation's name or trademarks without the express written consent of Raintrust Foundation. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Raintrust Foundation is prohibited. Any unauthorized use terminates the permission or license granted by Raintrust Foundation. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Raintrust Foundation so long as the link does not portray Raintrust Foundation, its affiliates, or their programs or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Raintrust Foundation logo or other proprietary graphic or trademark as part of the link without express written permission.

Accuracy: While Raintrust Foundation uses reasonable efforts to include accurate and up-to-date information on the Site, Raintrust Foundation makes no warranties or representations as to its accuracy. Raintrust Foundation assumes no liability or responsibility for any errors or omissions in the content of the Site.

Disclaimer of Warranties: THIS SITE IS PROVIDED BY RAINTRUST FOUNDATION ON AN "AS IS" AND "AS AVAILABLE" BASIS. RAINTRUST FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, CERTIFICATES OF SPONSORSHIP OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RAINTRUST FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RAINTRUST FOUNDATION DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM RAINTRUST FOUNDATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RAINTRUST FOUNDATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability: YOUR EXCLUSIVE REMEDY REGARDING ANY CERTIFICATES OF SPONSORSHIP AND OR PREMIUMS PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH PREMIUMS FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO OBTAIN A REFUND OF YOUR CONTRIBUTION. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF RAINTRUST FOUNDATION EXCEED THE TOTAL AMOUNT THAT YOU PAID US.

WE, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE OR MAKING A CONTRIBUTION AND RECEIVING A CERTIFICATE OF SPONSORSHIP OR PREMIUMS, INABILITY TO USE, OR RELIANCE UPON RAINTRUST FOUNDATION. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Disputes: Any dispute relating in any way to your visit to the Site or Raintrust Foundation's Certificates of Sponsorship premiums you receive through Raintrust Foundation shall be submitted to confidential arbitration in San Francisco, California, except that, to the extent you have in any manner violated or threatened to violate Raintrust Foundation's intellectual property rights, Raintrust Foundation may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Reviews, Comments, Communications, and other content: Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Raintrust Foundation reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Raintrust Foundation and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Raintrust Foundation and its affiliates and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Raintrust Foundation or its affiliates for all claims resulting from content you supply. Raintrust Foundation has the right but not the obligation to monitor and edit or remove any activity or content. Raintrust Foundation takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints: Raintrust Foundation and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

Risk of loss: All premiums received from Raintrust Foundation are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product descriptions: Raintrust Foundation and its affiliates attempt to be as accurate as possible. However, Raintrust Foundation does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a premium offered by Raintrust Foundation itself is not as described, your sole remedy is to return it in unused condition.

Your Account: If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Raintrust Foundation does accept contributions from children. Raintrust Foundation accepts contributions from adults who can make contributions with a credit card. If you are under 18, you may use Raintrust Foundation's site only with involvement of a parent or guardian. Raintrust Foundation and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Viruses: Raintrust Foundation also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to browsing or using the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Confidentiality: Any communication or material you transmit to the Site by electronic mail, or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. Anything you transmit or post may be used by Raintrust Foundation or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Raintrust Foundation is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Intellectual Property, Privacy and Publicity: Images of people or places displayed on the Site are either the property of, or used with permission by, Raintrust Foundation The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Downloading and Distributing: Raintrust Foundation maintains this site for information, education, soliciting contributions and distribution of Certificates of Sponsorship and premiums. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio and video without the written permission of Raintrust Foundation.

Links: Raintrust Foundation has not reviewed all of the external sites linked to the Site and is not responsible for and assumes no liability for the accuracy, content or availability of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

International use: We make no representation that Content on RAINTRUST FOUNDATION's site is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access the site from a location outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.

Your responsibilities: You may use Raintrust Foundation's Site for lawful purposes only. You may not submit or transmit through Raintrust Foundation any material, or otherwise engage in any conduct that: 1) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; 2) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts; 3) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; 4) impersonates any person, business or entity, including AOL and its employees and agents; 5) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network; 6) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; 7) violates these Terms of Use, guidelines or any policy posted on Raintrusr Foundation's Site, or 8) interferes with the use of Raintrust Foundation's Site by others.

You may not use Raintrust Foundation's Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of Raintrust Foundation's Site. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions of use.

No Spam: You may not use the Site or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use this site to violate the terms of this section. We may terminate your access or use of this site immediately and take any other legal action if you, or anyone using your access to the Site, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.

Proprietary Rights: We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video ("Content") on the Site own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on the Raintrust Foundation's Site are our trademarks.

Indemnification: Upon a request by us, you agree to defend, indemnify, and hold harmless us and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the site. We reserve the right, at our own 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.

Revisions: Raintrust Foundation may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

Copyright Notice: Copyright © 2006 by Raintrust Foundation All rights reserved.

 

©2007 RainTrust Foundation. All Rights Reserved