Terms Of Use

This is a legal agreement between you and the mikeroweWORKS Foundation, Inc. (“MRWF” or “We” or “Us” or “Our”).  The website located at www.mikeroweworks.org (the “Website”) is owned and operated by MRWF.  Before accessing or using any part of the Website, you should read carefully the following terms and conditions contained in this terms of use agreement (the “TOU”).  Your access to and use of the Website are subject to these TOU, as well as to all applicable laws and regulations, and along with any other terms and conditions as may be set forth by MRWF.

This website provides users with access to a variety of information, resources, and content. MRWF is willing to allow the use of this Website only on the condition that you accept and agree to all of the terms and conditions contained in these TOU.  If you do not agree with these TOU, you are not granted permission to access or otherwise use the Website.  Your access to and use of this Website constitutes your acceptance of and agreement to abide by these TOU.  These TOU may be modified or updated by MRWF from time to time without advance notice by posting here, and you will be bound by any such modified or updated TOU if you continue to use the Website after such changes are posted.  The date these TOU were last updated is stated at the end of this document.

DESCRIPTION OF THE SERVICES AVAILABLE

MRWF is a 501(c)(3) public charity that debunks myths and misperceptions about the trades and helps close the skills gap.  To that end, our Website provides the general public with information related the work we do, as well as a variety of resources, information, and content, including potential employment opportunities (collectively, the “Content”).

REGISTRATION; PERSONAL INFORMATION

You can visit the Website and access some of the resources, features, and functionality without being required to provide us with any personal information. However, certain resources and requests will require that you provide us with some personally identifying information about yourself, as more specifically detailed in our privacy policy, located here. If you opt to make a monthly, recurring donation, you will also have the option of storing credit card information in order to easily facilitate such future donations, as further described below.

AGE REQUIREMENTS

The Website is intended solely for users who are 13 years of age or older, and any registration by, use of, or access to the Website by anyone under 13 is unauthorized.  If you are under 13, you are only allowed to access this Website with your parent or guardian permission and supervision.  If you are 13 or older but under the age of 18, you should review these TOU with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them, and you should only use the Website with their permission and under their supervision.  Additionally, you have to be 18 years of age or older if you want to conduct any type of financial transaction on the Website, and further provided that we reserve the right to limit certain other activities related to the work that we do – such as volunteering – to those who are at least 18 years of age.

LIMITED LICENSE AND SITE ACCESS; ALL RIGHTS RESERVED

MRWF hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MRWF or as otherwise explicitly permitted. This license does not include any resale or commercial use of this Website or the Content; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of MRWF. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MRWF without MRWF's express written consent. You may not use any meta-tags or any other "hidden text" utilizing any of MRWF's name(s) or service marks without the express written consent of their owners.  We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted.  Any unauthorized use terminates the permission or license granted by MRWF.

INTELLECTUAL PROPERTY RIGHTS

Copyright.  Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of MRWF or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of MRWF and is protected by U.S. and international copyright laws. You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of MRWF or any applicable third party suppliers. The use of Content, including images, by you or anyone else authorized by you, is prohibited unless specifically permitted by MRWF. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. MRWF does not warrant or represent that your use of Content, Products and Services or any other materials displayed on this Website will not infringe rights of third parties.  If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at foundation@mikeroweworks.com with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.

Trademark and Service Marks.  Certain trademarks are the service marks and trademarks of MRWF or one of its affiliates and partners. MRWF’s  name, logo, the domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of MRWF or our affiliates and partners. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of MRWF.

 

PAYMENTS AND PAYMENTS PROCESSING; RULES FOR ALL PAYMENTS

The Website provides the ability to make an online donation. Please note that MRWF has engaged the services of Stripe, Inc. - a third-party payment service provider - to process all donation/payment transactions.  Stripe manages the routing of applicable customer information through the credit card and electronic check processing networks, as applicable.  MRWF is not affiliated with Stripe, and we are not responsible in any way for the actions or performance (or lack thereof) of Stripe.  Accordingly, MRWF expressly disclaims responsibility and liability for all services provided by Stripe, including those related to donation/payment transactions, and you hereby agree that MRWF shall not be responsible for any loss or damage of any sort incurred as a result of any such services.

You hereby acknowledge and agree that, for all donations, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) all donations are final and non-refundable. If you have any questions regarding any payment transaction, please contact by email at foundation@mikeroweworks.com.

TESTIMONIALS; VIDEOS

We may post videos and testimonials on our Website, or links to these videos and testimonials on other websites. The content, views and opinions expressed by such videos and testimonials belong solely to their respective authors and do not necessarily reflect the views of MRWF, its management or employees.

PROHIBITED USE

You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party's use and enjoyment of the Website.  Nor shall you use or attempt to use this Website to: (i) access systems, data or information not intended by MRWF to be made accessible to a user, (ii) attempt to obtain any materials or information through any means not intentionally made available by MRWF. In addition, in connection with your use of the Website, you agree you will not: a) violate any applicable local, state, national or international law; b) delete or revise any material posted by any other person or entity; c) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, in accordance with the limited license and site access outlined above; d) probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems; e) use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any Content or information on this Website. MRWF reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. MRWF may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, MRWF reserves the right at all times to disclose any information as MRWF deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MRWF's sole discretion.

LINKS TO THIRD-PARTY WEBSITES; SOCIAL MEDIA PLATFORMS

This Website contains links to other sites and resources.  Please note that the inclusion of any links is not an endorsement of these websites.  We have no affiliation with these organizations, and will be held responsible for the information, content or accuracy of anything on these websites, including any advertisements, products for sale, or services. MRWF shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such information, content, or services available on or through any such website.  We are not responsible for the privacy practices of any of these websites; any such websites are likely to set forth specific TOU and privacy policies that you should review.

SERVICE PROVIDED IN UNITED STATES; COMPLIANCE WITH LAWS

This Website is hosted in the United States.  If you are a non-U.S. user of the Website, by visiting the Website, you agree to comply with all applicable federal and state U.S. laws. Without limiting the generality of the foregoing, if you are a user, you agree to obtain and comply with all conditions of any registrations, permits, licenses, consents or permissions that you are required to hold in order to utilize the Website and any related services, and you shall immediately notify us if any such registration, permit, license, consent or permission is terminated or revoked.

This Website is not intended for access or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject MRWF to any registration requirement within such jurisdiction or country. You hereby acknowledge and agree that you are choosing to access the Websites and all related services, information, resources, services or Content on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local, and any other applicable laws, statutes, ordinances, and regulations regarding your use of the thereof.

GENERAL DISCLAIMER

The Content contained on this Website – including any employment opportunities and job listings - has been prepared by MRWF as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. MRWF has used reasonable efforts in collecting, preparing and providing such information, resources, and Content, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information, resources and Content contained in or linked to this Website or any other Website maintained by MRWF, including, but not limited to any employment opportunities or job listings;  we make no promises or assurances of any kind that such employment opportunities or job listings will be available and/or offered to you.

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION, RESOURCES, AND CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND MRWF EXPRESSLY disclaims all warranties and conditions with respect to the WEBSITE AND ALL ELEMENTS THEREOF, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party rights, SATISFACTORY QUALITY, quiet enjoyment, and accuracy. MRWF MAKES NO WARRANTY THAT THE WEBSITE, INFORMATION, RESOURCES, SERVICES, AND CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED, NOR DO WE MAKE ANY PROMISES THAT THE SERVICES THAT WE OFFER WILL BE AVAIABLE TO YOU.

LIMITATION OF LIABILITY

In addition to the above warranty disclaimers, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL MRWF WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF GOODWILL OR REPUTATION, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE (OR INABILITY TO USE THE WEBSITE), INFORMATION, RESOURCES AND CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MRWF OR LINKED FROM THIS WEBSITE, EVEN IF MRWF HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE MRWF AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

SEVERABILITY/WAIVER

If any provision(s) of these TOU is deemed unlawful, void, or for any reason unenforceable, then such provision(s) shall be deemed severable from these TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver or failure to enforce of any of the terms of these TOU shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

GOVERNING LAW AND JURISDICTION

These TOU and your access to and use of this Website are governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these TOU or Website shall be filed only in the state and federal courts located in the Los Angeles, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding.

YOU AND MRWF AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR MRWF WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR MRWF ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND MRWF FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, MRWF, AND ALL PARTIES TO ANY SUCH PROCEEDING.

FORCE MAJEURE

MRWF shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond our reasonable control, or the reasonable control of our contractors, agents or suppliers, including, but not limited, to utility or transmission failures, power failure, strikes, or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural, or other disasters.

NOTICES

Any notices to you from MRWF regarding the Website or these TOU will be posted on this Website or made by e-mail or regular mail.

WEBSITE PRIVACY POLICY

Our Website Privacy Policy describes the details of MRWF's information practices and procedures for personal information we collect on this Website.  We strongly urge you to read our Website Privacy Policy.

Date These TOU were Last Updated: November 1, 2018.