Last Updated: March 12, 2020

These Terms and Conditions (“Terms”) apply to your participation in Nurture® Seattle (the “Program”) provided by Committee for Children (“CFC” or “we”). By checking the box or by providing CFC with your information to participate in the Program, you agree to these Terms.

If you have any questions about these Terms or the Program, please contact us at hello@nurtureseattle.org. For information about how we collect, use, share and otherwise process information about you, please see the CFC Privacy Policy.

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1. Eligibility; Participation Requirements

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To participate in the Program, you must (a) be at least 18 years of age and (b) have a mobile phone or other device that can send and receive SMS messages. You hereby consent to receive SMS messages as part of your participation in the Program and you understand that additional fees may apply. If at any time you wish to stop receiving SMS messages or terminate your participation in the Program, please let your mentor know or contact CFC at hello@nurtureseattle.org, and we will remove you from the Program.

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2. Third-Party Platform

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A third-party provider is responsible for the web-based software application that allows you to communicate with your mentor (the “Platform”). The Platform is provided by a third party, Change-It Forward, LLC (“CIF”), and we encourage you to review any privacy policies or other terms provided to or otherwise made available to you by CIF. You hereby consent to CFC’s disclosure of your information (including personal data) to CIF in order to participate in the Program. CFC hereby disclaims all liability related to third-party privacy practices.

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3. Prohibited Conduct and Content

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(a)You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while participating in the Program. You will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

• Use the Program other than for its intended purpose;

• Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; or

• Use the Program for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

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(b)You may also send or otherwise share only content that is nonconfidential and that you have all necessary rights to disclose. You may not create, send, store or share any content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

• Impersonates, or misrepresents your affiliation with, any person or entity;

• Contains any unsolicited promotions, political campaigning, advertising or solicitations;

• Contains any private or personal information of a third party without such third party’s consent;

• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or

• In our sole judgment, is objectionable, or may expose CFC or others to any harm or liability of any type.

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1. Enforcement of this Section 3 is solely at CFC’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.  In addition, this Section 3 does not create any private right of action on the part of any third party or any reasonable expectation that the Program will not contain any content that is prohibited by such rules.

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4. Ownership; Limited License

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The Program, including the Platform and the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by CFC or our licensors (including, without limitation, CIF) and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Program, the Platform and content contained therein are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Program for your own personal, noncommercial use. Any use of the Program other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

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5. Trademarks

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Committee for Children, CFC and our logos, our product or service names, and our slogans are trademarks of CFC and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned with respect to the Program are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

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6. Feedback

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You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about CFC or the Program (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in our sole discretion. You understand that we may treat Feedback as nonconfidential.

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7. Third-Party Content

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We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available through the Program (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. CFC does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

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8. Indemnification

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You will indemnify, defend and hold harmless CFC and our officers, directors, agents, partners, independent contractors, suppliers, consultants and employees (individually and collectively, the “CFC Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your use of the Program; (b) your content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct as a participant in the Program. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and CFC or the other CFC Parties.

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9. Disclaimers

Your participation in the Program is at your sole risk. Except as otherwise provided in a writing by us, the Program and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, CFC does not represent or warrant that the Program or any content therein is accurate, complete, reliable, current or error-free. CFC cannot and does not represent or warrant that the Platform or servers are free of viruses or other harmful components.

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10. Limitation of Liability

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• To the fullest extent permitted by applicable law, CFC and the other CFC Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any direct, indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if CFC or the other CFC Parties have been advised of the possibility of such damages.

• The total liability of CFC and the other CFC Parties for any claim arising out of or relating to these Terms or your participation in the Program, regardless of the form of the action, is limited to the greater of (i) $100 or (ii) the amount paid by you to participate in the Program.

• The limitations set forth in this Section 11 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of CFC or the other CFC Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

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11. Release

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To the fullest extent permitted by applicable law, you release CFC and the other CFC Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between participants in the Program and the acts or omissions of third parties.

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12. Governing Law and Venue

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Any dispute arising from these Terms and your participation in the Program will be governed by and construed and enforced in accordance with the laws of the State of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington in all disputes arising out of relating to these Terms or your participation in the Program.

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13. Modifying and Terminating the Program

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We reserve the right to modify the Program or to suspend or stop providing all or portions of the Program at any time. You also have the right to stop participating in the Program at any time. We are not responsible for any loss or harm related to your inability to access or participate in the Program.

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14. Additional Terms and Amendments

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• We may supply different or additional terms in relation to some of our services, and those different or additional terms become part of your agreement with us if you use those services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

• We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email or SMS, providing a notice through our website or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective 30 days after providing notice, and your continued participation in the Program after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop participating in the Program.

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15. Severability

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If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

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16. Miscellaneous

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The failure of CFC to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect.  Use of the word “including” will be interpreted to mean “including without limitation.” 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. You agree that communications and transactions between us may be conducted electronically.