Terms & Conditions

Acceptance of the Terms

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

This site is operated by the Foundation (together with any affiliates, “Foundation,” “we,” “our”, or “us”). These Terms & Conditions (“Terms”) are an agreement between you (“user” or “you”) and the Foundation. These Terms apply to your access to, and use of, the website operated by the Foundation and any other websites, mobile sites, and online services that link to these Terms and are operated by the Foundation (collectively, the “Sites”).

Your Eligibility

By using the Sites, you represent and warrant that you are at least 18 years old and that you have the legal right and ability to agree to these Terms and to use the Sites in accordance with these Terms.

Changes to the Terms

We may change or modify any part of the Terms at any time and at our sole discretion. All changes or modifications take effect as soon as we post them on the Sites. You are expected to check this page each time you access the Sites, so you are aware of any changes. If you continue using the Sites following the posting of changes or modifications, that means you accept and agree to such changes or modifications.

Please direct any questions or comments about the Sites or Site Materials to [email protected].

Accessing the Sites

You are responsible for arranging your own access to the Sites. You are also responsible for ensuring that everyone who accesses the Sites through your Internet connection knows about these Terms and follows them. If you are asked to provide any information on the Sites, you represent and warrant that all information you provide is correct, current, and complete.

Termination of Access to Sites

We may, at our sole discretion, for any or no reason, and without notice, withdraw or amend the Sites, or any service or Site Materials, and restrict, suspend, or terminate your access to all or part of the Sites or Site Materials. We are not liable if all or any part of the Sites are unavailable at any time or for any period, for any reason.

Limited License to Access Site Materials; Proprietary Rights

Unless the Sites say otherwise, and except for any material that is considered a work of the United States Government, the Sites and all content and other materials on the Sites, including, without limitation, the Foundation’s logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, and other files, as well as how they are selected and arranged (collectively, the “Site Materials”) are owned by the Foundation or its licensors or other providers of such material and are protected by U.S. and international copyright laws.

We grant you a limited, non-sublicensable, non-exclusive license to access and use the Sites and the Site Materials for your own personal, informational, and non-commercial use only. This license is subject to the Terms, including your compliance with the Terms. Any use of the Sites or the Site Materials that the Terms do not specifically allow, and that the Foundation has not approved in writing in advance, is strictly prohibited and will terminate the license granted in the Terms. Unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and communications regulations and statutes. We may revoke this license at any time, at the Foundation’s sole discretion.

All logos and slogans on the Sites are trademarks of the Foundation, its suppliers or licensors, or other third parties. In addition, the look and feel of the Sites (including all page headers, custom graphics, button icons, and scripts), are the service marks, trademarks, and/or trade dress of the Foundation. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Site Materials belong to their respective owners. A reference to any product, service, process, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not mean that we endorse, sponsor, or recommend such product, service, process, or other information.

Except as stated above, the Terms do not give you any right or license by implication, estoppel, or any other way, under any patent, trademark, copyright, or other proprietary right of the Foundation or any third party.

Third-Party Sites, Products, and Services

The Sites may offer third-party information, advertisements, promotions, and other content (“Third-Party Content”). The Sites may also link to or provide access to third-party websites and other products and services outside our control (collectively, “Third Party Products and Services”).

The Foundation does not control, endorse, adopt, sponsor, or recommend any Third-Party Content or Third-Party Products and Services, makes no representations or warranties of any kind regarding them and is not responsible for their content, quality, nature, reliability, privacy, data security, or other practices or their handling of information you give them. Your business dealings with these third parties, and any terms, conditions, warranties, or representations related to those dealings, are solely between you and such third parties. We encourage you to review their applicable terms and policies.

Electronic Communications and Privacy Policy

You agree that we may communicate with you about the Sites and the Foundation via email, text message, or other electronic means. Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. By using the Sites, you acknowledge that you have read the Privacy Policy. You agree not to provide any other person’s personal information to us unless applicable law gives you the right to do so, you have that person’s permission and you have shared our Privacy Policy with that person.

Prohibited Conduct

You may use the Sites and Site Materials only for lawful purposes and as these Terms allow. You agree not to access or use, or attempt to access or use, the Sites to take any action that could harm us or any other person or entity, or interfere with the operation of the Sites. For example, and without limitation, you may not:

• Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
• Engage in unauthorized spidering, “scraping,” or harvesting of Site Materials or personal information, or use any other unauthorized automated means to compile information;
• Copy, distribute, publicly perform or publicly display any Site Materials, except as expressly permitted on the Sites;
• Modify or otherwise make any derivative use of the Sites or the Site Materials, or any part of them;
• Download (other than page caching) any portion of the Sites, the Site Materials, or any information contained in them, except as expressly permitted on the Sites;
• Use the Site Materials to train, re-train, fine tune, modify, develop, or otherwise improve any artificial intelligence or machine learning tool;
• Copy, imitate, or use any of trademarks, service marks, or trade dress, in whole or in part, without prior written consent from the Foundation or the applicable trademark holder;
• Use any metatags or other “hidden text” that uses “Joe and Jill Biden Presidential Library Foundation” or any other name, trademark, or product or service name of the Foundation without the Foundation’s prior written consent;
• Use a Foundation logo or other Foundation graphic to link to any of the Sites without the Foundation’s prior written consent;
• Use, frame, or utilize framing techniques to enclose any Foundation trademark, logo, or other proprietary information, including images found on the Sites, any text, or the layout or design of any page or form on the Sites without the Foundation’s prior written consent;
• Use the Sites to access, harvest, copy, collect, gather, or assemble information or data regarding other users of the Sites without the applicable user’s prior express consent;
• Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• Use any device, software, or program to interfere or attempt to interfere with the proper working of the Sites or any activity conducted on the Sites or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network, including without limitation via any viruses, corrupted data, or other harmful, disruptive, or destructive files;
• Attempt to modify, copy, make derivative works of, decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Sites;
• Distribute any unauthorized materials or advertise or promote goods, services, or political campaigns without our express written permission (including, without limitation, by sending spam);
• Sublicense any of your rights under these Terms;
• Harass or materially interfere in any manner with another user’s use or enjoyment of the Sites;
• Engage in any other conduct that restricts or inhibits any person or entity from using or enjoying the Sites, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other person or entity to any liability, damages, or detriment of any type; or
• Otherwise use the Sites for any unlawful or unauthorized purpose, or take part in, encourage, or promote any activity that violates these Terms or any additional guidelines, policies, or rules posted on the Sites or otherwise provided to you.

Violating system or network security may result in civil or criminal liability. We may investigate violations of the Terms and work with law enforcement authorities to prosecute users who violate them.

Feedback

You agree that any feedback, questions, comments, suggestions, ideas, or other information or materials about the Sites or the Foundation that you provide to us by email or other submissions to the Foundation (other than User Content, which is governed by the User Content and Interactive Areas section), are non-confidential and will become the sole property of the Foundation. The Foundation will own all rights to them, including all intellectual property rights, and may use and disseminate these materials for any purpose without acknowledging or compensating you. To the extent you have any rights, title, or interest in any of the foregoing, you agree to transfer, and you hereby assign, any and all such rights, title, and interest to the Foundation.

User Content and Interactive Areas

The Sites may include interactive areas or services, such as forums, blogs, chat rooms, message boards, or other areas in which you or other users may create, post, share, or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the Sites (“User Content”). You agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any User Content that would violate these Terms, including, without limitation, any of the following:

1. User Content that is unlawful, libelous, defamatory, false, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of anyone’s privacy or publicity rights, abusive, hateful, inflammatory, fraudulent, deceptive, or misleading;
2. User Content that 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;
3. User Content that may infringe, misappropriate, or otherwise violate any patent, trademark, trade secret, copyright, publicity right, or other intellectual or ownership right of any party;
4. Private or personal information of any third party, without such third party’s consent;
5. User Content that contains or depicts any statements, remarks, or claims that do not reflect your honest views or experiences, that impersonates or misrepresents your affiliation with any person or entity or any other fact; or that contains unsolicited promotions, advertising, or solicitations; or
6. User Content that, in our sole judgment, is objectionable or may expose the Foundation or others to any harm or liability.

The Foundation is not responsible or liable for any User Content or other statements or representations posted, stored, or uploaded by you or any other third party, including any mistakes, defamation (including slander and libel), omissions, falsehoods, obscenity, pornography, or profanity you may encounter, or for any loss or damage of that content. The Foundation decides, at its sole discretion, whether to enforce the User Content and conduct rules set forth in these Terms. These rules do not give any third party any private right of action and do not create any reasonable expectation that the Sites will be free of any content that is prohibited by such rules.

Although the Foundation is not required to do so, it may, at its sole discretion, remove, screen, or edit any User Content posted or stored on the Sites at any time, for any or no reason, and without notice. You alone are responsible, at your own cost, for creating backup copies of and replacing any User Content you post or store on the Sites. Any use of the Sites in violation of these Terms may result in, among other things, the suspension or termination of your access to use the Sites as described in the Termination of Access to Sites section.

Except where the Terms provide otherwise, you retain ownership of all User Content you post on the Sites. However, unless we indicate otherwise, when you post User Content to the Sites, you grant the Foundation and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, assignable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content, and to use the name you submit in connection with such User Content, throughout the world in any manner or media now known or later developed. This includes, for example, use in advertising, fundraising, and other communications supporting the Foundation or the candidates, issues, organizations, or causes the Foundation supports, without any payment or credit to you. You hereby waive any moral rights, privacy rights, or publicity rights you may have in your User Content.

You represent and warrant that (a) you own and control all rights to the User Content that you post or you otherwise have the right to post on the Sites; (b) the User Content is accurate and not misleading; and (c) using and posting the User Content you supply does not violate these Terms and will not violate anyone’s rights or cause injury to any person or entity. We may disclose your identity or other information about you to any third party who claims that material you posted violates their rights, including their intellectual property, privacy, or publicity rights.

Repeat Infringer Policy

Consistent with applicable law, the Foundation has a policy of terminating, in appropriate circumstances as determined by the Foundation at its sole discretion, subscribers or account holders who are deemed to be repeat infringers (i.e., people who repeatedly violate others’ copyrights or other intellectual property rights). The Foundation may also, at its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe, misappropriate, or otherwise violate anyone else’s intellectual property rights even if they have not done so repeatedly.

Copyright Complaints

If you believe that anything on the Sites infringes upon any copyright you own or control, please let us know at [email protected].

Indemnification

You agree to defend, indemnify, and hold harmless the Foundation, its independent contractors, service providers, consultants and joint committee members, and their respective subsidiaries, affiliates, directors, officers, employees, volunteers, assigns, and agents, from and against any and all losses, claims, actual or threatened lawsuits, demands, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) that arise out of, are associated with, or relate to (a) your use of the Sites; or (b) any alleged violation by you of these Terms or the rights of any third party, including, without limitation, your conduct and any User Content you post, store, or otherwise transmit on or through the Sites; or (c) any act or omission relating to the Sites or the User Content.

Disclaimers

YOUR USE OF THE SITES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW AND UNLESS THE FOUNDATION EXPRESSLY AGREES OTHERWISE IN WRITING, THE SITES, THE SITE MATERIALS, AND THE SERVICES PROVIDED ON OR IN CONNECTION WITH THEM (THE “SERVICES”) ARE PROVIDED “AS IS,” AND THE FOUNDATION DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES AGAINST OTHER VIOLATIONS OF RIGHTS AND AS TO THE ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS, OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITES.

THE FOUNDATION DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS, ANY THIRD-PARTY SITES, THIRD PARTY CONTENT, OR THIRD PARTY PRODUCTS AND SERVICES LINKED TO OR FROM THE SITES, OR THE SERVICES ARE ADEQUATE, ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE.

THE FOUNDATION IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SITES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITES, INCLUDING ERRORS AND OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY, AS WELL AS FOR ANY THIRD PARTY PRODUCTS AND SERVICES, AND FOR ANY THIRD PARTY CONTENT.

ALTHOUGH THE FOUNDATION ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITES AND SERVICES SAFE, THE FOUNDATION CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS, OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD THEREFORE USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. THE FOUNDATION IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES, PROGRAM, OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT, ACTIVITY, OR PROGRAM ORGANIZERS OR OTHER USERS OF THE SITES OR FOR ANY THIRD PARTY PRODUCTS AND SERVICES OR FOR ANY THIRD PARTY CONTENT.

Limitation of Liability

THE FOUNDATION, AND ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNS, AND VOLUNTEERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, OR OTHERWISE, THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITES, THE SERVICES, THE CONTENT, OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER LEGAL THEORY.

THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM: (A) YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THE FOUNDATION; (B) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, OR DELAYS IN OPERATION OR TRANSMISSION; OR (C) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE FOUNDATION’S RECORDS, PROGRAMS, OR SERVICES. THIS APPLIES EVEN IF THE FOUNDATION WAS GIVEN NOTICE THAT SUCH DAMAGES OR LOSS WAS POSSIBLE.

SOME STATE LAWS DO NOT ALLOW LIMITS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF ANY PROVISION LIMITING THE FOUNDATION’S LIABILITY IS HELD INVALID OR UNENFORCEABLE UNDER APPLICABLE LAW, THE FOUNDATION’S LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL BE LIMITED TO FORESEEABLE, DIRECT, AND ACTUAL MONETARY DAMAGES AND WILL NOT EXCEED THE MAXIMUM AGGREGATE LIABILITY OF THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT THAT YOU PAID TO ACCESS THE SITES.

Applicable Law and Venue

These Terms and your use of the Sites are governed by and interpreted under the laws of the State of Delaware that apply to agreements made and fully performed within the State of Delaware, without regard to its conflict of law provisions. You agree that any lawsuit, action, or proceeding at law or in equity arising out of or relating to these Terms may be filed only in the state and federal courts located in the State of Delaware, and you hereby irrevocably and unconditionally consent to the exclusive jurisdiction of such courts.

Miscellaneous

These Terms are the entire agreement between you and us and replace any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. If a court with proper jurisdiction finds any provision of these Terms to be unlawful, void, or unenforceable for any reason, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The unenforceable provision will be replaced by an enforceable provision that comes as close as possible to the intent of the unenforceable provision. The Terms, and your access to and use of the Sites and Site Materials, do not create any joint venture, partnership, employment, or agency relationship between you and us.

Any waiver by us of a term or condition of these Terms applies only to the specific instance for which it is given, and our failure to enforce any provision of these Terms or to respond to a violation by any party in any instance does not waive our right to subsequently enforce that provision, the Terms, or respond to any violations. Nothing contained in these Terms limits our right to comply with governmental, court, or law enforcement requests or requirements relating to your use of the Sites or to information provided to or collected by us with respect to such use, including by disclosing the identity of, or other information about, anyone posting materials through the Sites.