Terms and Conditions
Last Modified: September 11, 2024
Welcome to the Frechette Family Foundation website, located at www.frechetteff.org. These website terms and conditions (these “terms”) are in place to govern your access to and use of our site (which we refer to as the “site,” which also includes all associated web pages, content, and functionality).
The site is owned by the Frechette Family Foundation, which we refer to as the “Foundation”, “us”, “we” or “our”. When we refer to “you” and “your” in these terms, we are referring to you as a visitor to and user of the site.
1. Your Acceptance of These Terms.
YOU SHOULD CAREFULLY READ THESE TERMS. They contain obligations you are expected to comply with, and affect your legal rights. By using the site in any way, you are creating a binding contract between you and us, and you acknowledge that you have read, understood, and agreed to be bound by these terms. If you do not agree to these terms or to any other policy or notice posted on the site, you should not access or otherwise use the site.
We may make changes to the site or these terms at any time. We will post any changes we make to these terms on this page, and any changes will be effective once the new terms are posted. It is your responsibility to check these terms for updates. You can determine when these terms were last updated by referring to the date at the top. You understand and agree that your continued access to or use of the site after any posted update to these terms indicates your acceptance of the changes, even if you did not take the time to read them.
Please note that these terms apply to your use of our public-facing site. They do not govern other interactions you may have with us, including those you may have with us as a grant applicant or recipient.
2. Providing Information Through the Site.
Generally, you can browse and use our site without providing us with any information about you, other than your IP address or general browsing information, which may automatically be available to us when you access and browse the site. However, if you use the site to interact with us, such as by making inquiries through the “Contact” feature of the site, you will need to provide certain information, such as your name, email address, company name, and phone number, and we will receive that information along with any other information you include in your inquiry.
Please see our privacy notice, posted here for more information about how we collect and use information collected through the site.
3. Intellectual Property.
The site is owned by the Foundation, and you agree that, as between you and us, we own or otherwise have all proprietary rights to the site. We also own or otherwise have all proprietary rights in the copyrights, trademarks, service marks, trade names, and other intellectual property associated with the site, which are protected by applicable laws.
The site is provided for your information and viewing purposes only. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any site content without our prior express written consent. You are permitted to view, print, or download any content from the site solely for your own personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You have a limited, non-exclusive, and non-transferable license solely to view, print, and download content from the site solely for this limited permitted use. You may not download, republish, retransmit, reproduce, or use in any other way any image on the site as a stand-alone file (i.e. separate from the article, text, caption, or other graphics used with the image in context on the site).
The trademarks, service marks, trade names, and logos, and all related names, designs and slogans used and displayed on the site are our trademarks. These include “Frechette Family Foundation” and all logos we may use from time to time. You may not use any of the marks used on our site without our prior express written consent. Also, you may not use any metatags, meta elements, “hidden text” or other equivalents using names or marks, or those of our grant partners, without our or their, as applicable, express prior written consent.
4. Grant Portal and Third Party Sites.
Our site includes a link to our online grant portal, which is operated by a third party vendor. When you use that link, you will be directed away from our site. In addition, we may from time to time provide links to web pages, websites, and various resources or locations on the web (collectively referred to as “third party sites”). Links to our grant portal and any third party sites are provided for your convenience.
We do not operate, control, endorse, or guarantee the grant portal or any third party sites, and neither these terms nor any of our other site policies apply to the grant portal or any third party sites. If and when accessing the grant portal or any third party site, you should carefully read the terms and conditions of use, privacy policy and other policies of the grant portal or such third party site, as applicable.
5. Disclaimer.
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:
WE ATTEMPT TO DISPLAY ALL CONTENT, INFORMATION, AND MATERIALS (COLLECTIVELY, “CONTENT”) YOU VIEW ON THE SITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH CONTENT, AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE ON SUCH CONTENT.
THE SITE AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE SERVERS THAT MAKE THE SITE AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE SITE, ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR OTHERWISE.
CERTAIN OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW A PARTICULAR LIMITATION OR EXCLUSION.
6. Limitations on Our Liability.
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE OR ANY CONTENT, INCLUDING ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE AND/OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE BY US OR OUR AUTHORIZED REPRESENTATIVE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW A PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES.
7. Indemnity.
You agree to indemnify and hold us, and our managers, officers, affiliates, volunteers, agents, grant partners, employees, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the site and/or your violation of these terms.
8. Injunctive Relief.
If you breach or threaten breach of these terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision below, will apply the laws of its own jurisdiction in determining whether we will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating, or voiding our rights to relief in either law or equity.
9. Governing Law, Choice of Forum, Jury and Class Action Waiver.
Please read the following section carefully, because it limits the manner in which you can seek relief from us.
The laws of the State of Illinois (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these terms, including their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with the site and/or these terms shall be brought solely in Chicago, Illinois.
YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND, OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO, OR IN CONNECTION WITH THE SITE OR THESE TERMS. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.