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Terms of Use

Date of Last Revision: November 6, 2023

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE www.firstfiveaction.org OR MOBILE SITE (COLLECTIVELY, THE “SITE”), YOU AGREE TO BE BOUND BY THE TERMS HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE.

The Site is operated by First Five Action Fund (“FFAF,” “we,” “our” or us”). These Terms apply solely to your access to, and use of the Site. These Terms do not alter in any way the terms or conditions of any other agreement you may have with FFAF for products, services or otherwise.

We reserve the right to change or modify any of the terms and conditions contained in the Terms or any supplemental terms, policy or guidelines of the Site, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of these Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

  1. Privacy Policy. Please refer to our Privacy Policy [A1] for information on how we collect, use and disclose personal information from our users, which is incorporated into these Terms by reference.
  2. Mobile Communications.  You consent to our communicating with you about the Site and FFAF by SMS, text message, email or other electronic means. Your carrier’s normal, messaging, data, and other rates and fees will apply to these communications.
    • If you subscribe to any text programs that FFAF makes available, the following terms apply:
      • (a) By subscribing to FFAF updates or alerts, you consent to receive recurring updates or alerts including by automatic text message. Text STOP to stop. For Help, text HELP or contact us at contact@ffaf.org. Message and data rates may apply. Please see our Privacy Policy[A2]  for information about opting out of such messages.
      • (b) Neither FFAF nor the participating carriers guarantee that messages will be delivered. FFAF may discontinue the program at any time without notice.
      • (c)  You represent and warrant that you are supplying your own phone number, and not someone else’s, and that you agree to provide us with notice if you are no longer the primary user of that number.
      • (d) You acknowledge and agree that you may opt-out of receiving further mobile messages via any opt-out keywords that are universally recognized, including, but not limited to, STOP, UNSUBSCRIBE, CANCEL, END, or QUIT.  You acknowledge that any opt-out method not expressly provided in this opt-out provision is unreasonable.
      • (e) You may not receive mobile messages if you are under thirteen (13) years of age and if you are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to register to receive mobile messages.
  3. Copyright and Limited License. Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, FFAF’s logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of FFAF or its licensors or users and are protected by U.S. and international copyright laws.
    • You are granted a limited, non-sublicensable license to access and use the Site and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Site Materials or any portion thereof, including the Site; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Site Materials (including images, text, page layout or form) of FFAF; (c) you shall not use any metatags or other “hidden text” using FFAF’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Site Materials in order to build a similar or competitive website or service; (g) except as expressly stated herein, no part of Site Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site Materials. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of FFAF, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
    • As a part of the Site Materials, you may have access to materials that are hosted by another party. You agree that it is impossible for FFAF to monitor such materials and that you access these materials at your own risk.
    • Repeat Infringer Policy  
      • In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, FFAF adopted a policy of terminating, in appropriate circumstances and at FFAF’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. FFAFmay also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
    • Copyright Complaints
      • If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
      • Name of Agent Designated to Receive Notification of Claimed Infringement: Copyright Agent
        • Full Address of Designated Agent to Which Notification Should be Sent:
          • 50 F Street NW
          • Washington, DC 20001
          • Telephone Number of Designated Agent: (202) 730-0943
          • E-Mail Address of Designated Agent: info@FFAF.org
      • Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
  4. Trademarks. FFAF’s stylized name and all related graphics, logos, slogans, service marks and trade names used on or in connection with the Site are the trademarks of FFAF and may not be used without permission in connection with your or any third-party products or services. You may not use any metatags or any other “hidden text” utilizing “FFAF” or any other name, trademark or product or service name of FFAF without our prior written permission. Other trademarks, service marks and trade names that may appear on or in the Site Materials are the property of their respective owners. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of FFAF and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
  5. User Conduct. As a condition of your use of the Site, you agree not to use the Site Materials for any purpose that is prohibited by these Terms or by applicable law. You shall not (and shall not permit any third-party) either (a) take any action that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) impersonates any person or entity, including any employee or representative of FFAF; (v) interferes with or attempts to interfere with the proper functioning of the Site Materials or uses the Site Materials in any way not expressly permitted by these Terms; or (vi) attempts to engage in or engage in, any potentially harmful acts that are directed against the Site Materials, including but not limited to violating or attempting to violate any security features of the Site, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Site Materials, introducing viruses, worms, or similar harmful code into the Site Materials, or interfering or attempting to interfere with use of the Site Materials by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Site Materials.
  6. Hyperlinks. You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray FFAF or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a FFAF logo or other proprietary graphic of FFAF to link to this Sites without the express written permission of FFAF. Further, you may not use, frame or utilize framing techniques to enclose any FFAF trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without FFAF’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of FFAF or any third party.
    • FFAF makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of FFAF and FFAF is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. FFAF provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by FFAF of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
  7. Third-Party Services. Our Site may contain links to third-party websites (“Third-Party Sites”). FFAF makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of Third-Party Sites accessible by hyperlink from the Site, or Third-Party Sites that link to the Site. Such sites are not under the control of FFAF and FFAF is not responsible for the contents of any Third-Party Site or any link contained in a linked site, or any review, changes or updates to such sites. FFAF provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by FFAF of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site to which you navigate from the Site.
  8. Third Party Content. We may make third party information and other content available on or through the Site (the “Third Party Content”) as a service to those interested in this information and we may provide information regarding or access to third party products or services available on or through the Site (“Third Party Products and Services”). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. FFAF does not control, endorse or adopt any Third Party Content or Third Party Products and Services, and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that FFAF is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content at their own risk.
  9. Third Party Products and Services. FFAF may provide information about or links to third-party organizations, products, or services on the Site. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. FFAF is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-FFAF advertisers or third party information on the Site.
  10. Feedback. You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, content, materials, or other information or materials regarding the Site or FFAF that are provided by you in the form of email or other submissions to FFAF are non-confidential and shall become the sole property of FFAF. FFAF shall own exclusive rights, including all intellectual property rights, to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose without acknowledgment or compensation to you. You may not share any Feedback that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your Feedback, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity.
  11. Indemnification. You agree to defend, indemnify and hold harmless FFAF, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “FFAF Party” and collectively, the “FFAF Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your use of, or inability to use, any of the Site Materials; (b) your violation of the Terms; or (c) your violation of any applicable laws, rules or regulations. FFAF reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FFAF in asserting any available defenses. This provision does not require you to indemnify any of the FFAF Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any services provided hereunder. You agree that the provisions in this section will survive any termination of your access to the Site Materials. 
  12. Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SITE MATERIALS IS AT YOUR SOLE RISK, AND THE SITE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FFAF DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. FFAF DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
    • FFAF IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE FFAF ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND SERVICES SAFE, FFAF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
    • FFAF IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE SITE OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OR OTHER USERS OF THE SITE.
  13. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL FFAF PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT FFAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE MATERIALS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SITE MATERIALS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SITE MATERIALS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SITE MATERIALS; OR (5) ANY OTHER MATTER RELATED TO THE SITE MATERIALS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A FFAF PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A FFAF PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A FFAF PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. 
    • UNDER NO CIRCUMSTANCES WILL FFAF PARTIES BE LIABLE TO YOU FOR MORE THAN $100. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A FFAF PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A FFAF PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A FFAF PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
    • THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FFAF AND YOU.
  14. International Users.The Site can be accessed from countries around the world and may contain references to services and that are not available in your country. These references do not imply that FFAF intends to announce such services in your country. FFAF makes no representations that the Site Materials are appropriate or available for use in other locations. Those who access or use the Site from other countries do so at their own volition and are responsible for compliance with local law.
  15. Applicable Law and Venue. These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the District of Columbia applicable to agreements made and to be entirely performed within the District of Columbia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in the District of Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
  16. Termination. Notwithstanding any of these Terms, FFAF reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.
  17. Release. You hereby release the FFAF Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site Materials, including but not limited to, any interactions with Third-Party Sites of any kind arising in connection with or as a result of the Terms or your use of the Site Materials. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a FFAF Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any services provided hereunder.
  18. Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without FFAF’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
  19. Force Majeure. FFAF shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 
  20. Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
  21. Questions & Contact Information. Questions or comments about the Site may be directed to FFAF at the following email address: jsarra@ffaf.org.
  22. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

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