Last Revised: 10/09/2019
These Terms of Use (“Terms of Use”) govern your use of our website http://www.onegoalgraduation.org/ (the “Site”), and any other related content, features, materials, applications, widgets and/or services (collectively the “Services”) offered by OneGoal (“OneGoal,” “we” or “us”).
By using the Services, you accept all of the provisions of these Terms of Use and represent to us that you are legally competent to enter into and agree to these Terms of Use. If you do not accept these Terms of Use, then you are not authorized to use any of OneGoal’s Services.
For purposes of these Terms of Use, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use, and that you agree to these Terms of Use on the entity’s behalf, and (c) your entity is legally and financially responsible for your use of the Services as well as for the use of the Services by others affiliated with your entity, including any employees, agents or contractors.
Please review the following carefully so that you understand the terms of these Terms of Use. These Terms of Use describe your responsibilities, OneGoal’s liability, and the liability of third parties related to the Services. All users of OneGoal’s Services must accept and comply with the terms and conditions set forth herein. Certain portions of the Service may be subject to additional terms and conditions specified by us from time to time; your use of the Service is subject to those additional terms and conditions. If you have any questions regarding these Terms of Use, please contact us via email at info@onegoalgraduation.org.
1. OneGoal is a nonprofit, college access and success organization that is working to dramatically increase the percentage of students from low-income communities who complete college. We recruit high-performing teachers—those already working in high schools in low-income communities including in Chicago, Houston, Massachusetts, Metro Atlanta, California Bay Area and New York—and provide them with the training and support to become OneGoal Program Directors. These Program Directors implement our three-year college success model with a cohort of students (OneGoal “Fellows”), beginning with in-school daily classes in their junior and senior years of high school, and continuing with remote support through the first day of their sophomore year of college. OneGoal hosts several events and fundraising events to support the communities it serves. OneGoal allows users of its Site to contact OneGoal with questions or comments, subscribe to its newsletter, nominate Program Directors and Fellows, and donate to support its mission.
2. Our privacy practices in operating the Services are described in our Privacy Policy located at http://www.onegoalgraduation.org/privacy-policy/ (“Privacy Policy”). Please review the Privacy Policy to learn about:
Subject to your compliance with these Terms of Use, OneGoal hereby grants to you, a personal, nonexclusive, nontransferable, revocable, limited license (without the right to sublicense) to access and use the Services (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) subject to the limitations set forth below. These Terms of Use are limited to the intellectual property rights of OneGoal and its affiliates and licensors and do not include any rights to other patents or intellectual property. We reserve any and all rights not expressly granted to you pursuant to these Terms of Use. The limited rights granted to you to access and use the Services comprise a limited license and do not constitute the sale of any goods or services.
(a) You agree that: (i) you will not use the Services if you are not fully able and legally competent to agree to these Terms of Use; (ii) you will only use the Services for lawful purposes; (iii) you will not use the Services for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (iv) you will not use the Services to advertise, solicit or transmit commercial advertisements, including “spam” or use the Services in a manner that would constitute political campaigning; (v) you will not use the Services to cause nuisance, annoyance or inconvenience; (vi) you will not impair the proper operation of the network; (vii) you will not try to harm the Services in any way whatsoever; (viii) you will not copy, reproduce, display, republish, download, post, share, digitize, translate, modify, transmit, or distribute the Services or other content in any way, including on fundraising materials, websites, social media pages, blogs, pamphlets, flyers, print materials, advertising t-shirts or any consumer products, without written permission from OneGoal; (ix) you will only use the Services for your own use and will not resell it to a third party; (x) you will not use the Services in any way contrary to OneGoal’s public image, goodwill, reputation or otherwise not in furtherance of stated mission; (x) you will keep secure and confidential any identification we provide you which allows access to the Services; (xi) you will not violate any applicable law or regulation in connection with your access to or use of the Services; and (xi) you will provide us with whatever proof of identity we may reasonably request.
(b) You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by OneGoal. Except as specifically permitted herein or expressly authorized in writing by OneGoal, you agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (ii) use the Services in any service bureau arrangement; (iii) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means; (iv) harvest or scrape any content or data from the Service, or (v) permit or enable any third party to engage in any of the acts described in clauses (i) through (iv).
You further understand and agree that you are not permitted to: (w) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (x) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services); (y) use any means to discover the source code of any portion of the Services; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the Services. Any attempt to do any of the foregoing is a violation of the rights of OneGoal and its licensors. If you breach these restrictions, you may be subject to prosecution and damages. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that OneGoal is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Services.
(a) Certain Services may display, include or make available content, data, forms, information, applications (including payment applications) or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. For example, when you click the “Donate” button on the Site, you may be directed to a donation page operated by our third party service provider that collects and processes donations on our behalf. By using the Services, you acknowledge and agree that OneGoal is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. OneGoal does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
(b) In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to the Services are not available in all languages or in all countries. OneGoal makes no representation that any third party services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
We may modify these Terms of Use at any time. Modifications become effective immediately upon your first access to or use of the Services after the “Last Revised” date at the top of these Terms of Use. If we make changes that are material, we may use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the first page of the Site. However, it is your sole responsibility to review the Terms of Use from time to time to view any such changes. Your continued access or use of the Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms of Use. If you do not agree with the modifications to the Terms of Use, then please do not access or use the Services.
If you breach any of the terms of these Terms of Use, all licenses granted by OneGoal, including permission to use the Services, will terminate automatically. Additionally, OneGoal may suspend or disable the Services (or any part of the foregoing or remove any information or content from any of the foregoing) with or without notice, for any or no reason. If OneGoal suspends or disables the Services for any suspected breach of these Terms by you, you are prohibited from using the Services under a different name. In the event of suspension or disabling of the Services for any reason, OneGoal may, but is not obligated to, delete any of your data or related information. OneGoal shall not be responsible for the deletion of (or failure to delete) your data or related information. All sections which by their nature should survive the termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms of Use by OneGoal or you. Termination will not limit any of OneGoal’s other rights or remedies at law or in equity.
You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by OneGoal hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
The Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms of Use by any authority.
You agree that a breach of these Terms of Use will cause irreparable injury to OneGoal for which monetary damages would not be an adequate remedy and OneGoal shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
Certain portions of the Services may allow us to contact you via telephone calls or text messages. You understand and agree that OneGoal may contact you regarding the Services or related matters via telephone calls or text messages (including through the use of an automatic telephone dialing system or a prerecorded or artificial voice) at any of the telephone numbers provided by you or on your behalf in connection with your use of the Services, and that your consent to such communications is not required for your use of the Services. You understand and agree that you may opt out of receiving telephone calls or text messages from us at any time by contacting info@onegoalgraduation.org and that this method represents the exclusive means for opting out.
These Terms of Use may not be modified except by a writing executed by the duly authorized representatives of OneGoal. No other act, document, usage or custom will be deemed to modify or amend these Terms of Use. These Terms of Use will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Use and the licenses granted hereunder may be assigned by OneGoal but may not be assigned by you without the prior express written consent of OneGoal. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms of Use will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Use due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms of Use but are for convenience only. You and OneGoal agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms of Use. You agree that the laws of Illinois, without reference to conflict of law principals, govern these Terms of Use, your use of the Services and any disputes that arise from your use of the Services, and that any dispute arising out of or related to these Terms of Use or the Services shall be brought in the federal or state courts located in Chicago, Illinois, USA.
Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
You may contact us regarding the Services or these Terms of Use by mail at: 180 N. Wabash Ave., Suite 800, Chicago, IL 60601; by phone at: 773.321.2630; or by email at: info@onegoalgraduation.org. These Terms of Use sets forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.