This Donation Exchange Website (“Website”) is owned and operated by Collision Repair Education Foundation (“CREF”), an organization under IRS Code 501(c)(3). CREF provides this Website, including all information, tools, and services incorporated into it, conditioned upon acceptance of all terms, conditions, policies, and notices in this Terms of Use (“TOU”). I. Overview of the Website and the TOU This Website is designed to facilitate donations by manufacturers and sellers (“Donors”) of items useful in the collision repair industry to schools that educate students in collision repair (“Schools”). By accessing and using the Website, each User agrees to be bound by all provisions of this TOU, including any additional terms and conditions in it and/or available by hyperlink in this TOU. The terms of this TOU are the exclusive agreement between CREF, Donors, Schools, and each individual User regarding any items whatever residing on the Website or any interactions facilitated by the Website. Any contrary or additional terms or conditions proposed or provided by a Donor, School, or User are rejected and do not bind CREF in any way, unless expressly and separately agreed to in a writing signed by CREF. CREF may modify the terms of this TOU unilaterally at any time in its sole discretion. Any use of the Website constitutes acceptance of the then-current TOU. It is the responsibility of the Donor, School, and User to review the TOU periodically for any updates. Any material on this Website may be out of date at any given time, and CREF is under no obligation to update such material. CREF reserves the right to withdraw or amend the Website, and any service, item, or material provided on the Website, in its sole discretion, at any time and without notice. CREF will not be liable if for any reason all or any part of the Website is unavailable for any time or for any period. CREF reserves the right to restrict access to some parts of the Website or the entire Website. This Website is intended and may be solely used by authorized Donors and Schools, and their authorized employees and agents (“Authorized Users”) to facilitate and manage transfer of donated items regarding such items as uploading information about available donated items, requests for donated items, order history, order status, item inventory and descriptions, and similar functions as provided by CREF from time to time in its sole discretion (“Permitted Purpose”). The Website may also be accessed by the general public for information purposes only (“Users” includes both Authorized Users and general public users), and this TOU applies to Users as well. II. Access and Password Management Donors and Schools may assign Authorized Users to access and interact with the Website on their behalf. Each Authorized User must register on the Website to obtain a Password, which Password must be entered in order to access the Website. Each Authorized User shall have only one Password, which Password may not be shared with any other User or any other person and must be maintained in confidence by each Authorized User. Access and use of the Website shall be solely for a Permitted Purpose and for no other reason. Donors and Schools must keep a record of their respective Authorized Users, and shall delete Passwords or other access to the Website when an Authorized User is no longer an authorized employee or agent of the Donor or School. Donors, Schools, and Authorized Users shall notify CREF immediately of any unauthorized access to or use of an Authorized User’s Password or any other breach of security. Users will be required to provide some Personally Identifiable Information (“PII”) during the registration. CREF’s use of PII is governed by CREF Privacy Policy User consents to all actions taken by CREF with respect to PII consistent with CREF’s Privacy Policy. Users shall exit from User’s account at the end of each session. User should use caution when accessing the Website or User’s account from a public or shared computer, or using public internet access or wifi, so that others are not able to view or record User’s Password, other PII, or the Website. CREF reserves the right to disable any User access or Password at any time, in its sole discretion for any or no reason, including but not limited to if, in CREF’s opinion, User has violated any provision of this TOU. Donors, Schools, and Users shall (a) be responsible for User’s acts and omissions; (b) access or use of the Website beyond that authorized in this TOU; and (c) non-compliance with all applicable laws and regulations in the access or use of the Website, including but not limited to privacy and security law. Donors, Schools, and Users shall reasonably cooperate with CREF as necessary for CREF to perform its obligations under this TOU or to otherwise manage the Website III. Limitations on Use of the Website Donors, Schools, and Users will not, and will not permit others to: (a) make the Website or any of its functionality available to any third party; (b) modify, translate, copy or create derivative works of, decompile, disassemble, reverse engineer, or otherwise attempt to derive the underlying code, structure, or functionality of the Website; (c) remove, alter, or obscure any proprietary notices or labels on the Website; or (d) attempt to gain unauthorized access to the Website or any of its functionality or features. Donors, Schools, and Users may not copy, reproduce, post on any other website, republish, upload, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any material on the Website or make derivative works from the Website in any way without CREF’s express prior written consent. Except to the extent permitted under this TOU or by CREF’s prior written consent, Donors, Schools, and Users may not: (a) modify any of the materials from the Website; (b) use any illustrations, photographs, or other graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark or other proprietary rights notices. Additionally, Donors, Schools, and Users may not: (a) establish a link to the Website without prior written consent of CREF; (b) use the Website in any manner that could disable, overburden, damage or impair the Website, or interfere with any other party’s use of the Website; (c) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; or (d) otherwise attempt to interfere with the proper working of the Website. Donors may set terms and conditions for acquisition and use of donated items by Schools and their instructors and students. Schools and their instructors and students shall comply with any such terms and conditions IV. Ownership of Intellectual Property The Website and its entire contents, features, and functionality, including but not limited to all information, trademarks, copyrights, patents or other forms of intellectual property, software, text, displays, images, and the design, selection, and arrangement thereof (“Content”) are owned by CREF, its licensors, or other providers of such material (such as Donors). All content is protected by United States and international intellectual property laws. Access to the Website does not grant Donors, Schools, or Users any right, title, interest, or license to any Content. Donors, Schools, and Users shall not copy, reproduce, modify, frame, post, transmit or distribute any Content without CREF’s prior written consent. V. User Contributions; Content Standards To the extent that the Website contains message boards, chat rooms, forums, and other interactive features (“Interactive Services”) that allow Users to post, submit, publish, display, or transmit to the Website or other Users content or materials (“User Contributions”) on or through the Website: CREF is not responsible or liable to any third party for the content, accuracy, or any other aspect of any User Contributions. The Content Standards apply to any and all User Contributions and use of the Interactive Services. User Contributions must comply with all applicable federal, state, local, and international laws and regulations, and further must not: VI. Monitoring, Enforcement, and Termination CREF has the right, but not the obligation to: CREF does not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. CREF shall have no liability for any action or inaction regarding any transmissions, communications, or content provided by any User or third party. The information presented on or through the Website is made available solely for general information purposes. CREF does not promise that the Website or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that use of the Website will provide specific results. Any reliance User places on such information is strictly at User’s own risk. CREF disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents. VIII. Links from the Website The Website may provide links to sites owned or operated by parties other than CREF. Each linked-to website has its own terms and conditions of use, as described in that site's legal notice/terms of use. If this Website contains links to other sites and resources provided by third parties, these links are provided for User’s convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. CREF has no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from User’s accessing them. If User decides to access any of the third-party websites linked to the Website, User does so entirely at User’s own risk and subject to the terms and conditions of use for such websites. IX. Disclaimer of Warranties The donation of items by Donors and the acquisition of such items by Schools or others authorized by them shall not be considered or constitute a sale or commercial transaction. X. Limitation of Liability To the fullest extent provided by law, in no event will cref, its affiliates, or their licensors, donors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with use, or inability to use, of the website, or arising out of any items donated or received through the website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. In no event shall the total liability of CREF for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms and conditions or use of the Website exceed, in the aggregate, one hundred ($100.00) U.S. dollars. XI. Indemnification To the maximum extent allowed by applicable law, Donors, Schools, and Users shall defend, indemnify, and hold harmless CREF, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to violation of this TOU or use of this Website, including, but not limited to, User Contributions, any use of the Website's content, services, and products other than as expressly authorized in this TOU, or use of any information obtained from this Website. XII. Governing Law and Jurisdiction XIIII. Limitation on Time to File Claims XV. Waiver and Severability No waiver by CREF of any term or condition set out in this TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CREF to assert a right or provision shall not constitute a waiver of such right or provision. If any provision of this TOU is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this TOU will continue in full force and effect. XVI. Entire Agreement This TOU (including CREF’s Privacy Policy) constitute the sole and entire agreement between Donors/Schools/Users and CREF regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. XVII. Accessibility
Terms of Use for CREF Donation Exchange Website
VII. Reliance on Information on the Website
Use of the website, its content, and any services or items obtained through the website is at user’s own risk. The website, its content, and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither cref nor any person associated with cref makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of this website nor of any item donated using through or on the website.without limiting the foregoing, neither cref nor anyone associated with cref represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the website or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet the needs or expectations of donors, schools, users, or anyone else.
All matters relating to the Website and this TOU, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflict of laws provisions. User agrees to submit to the personal and exclusive jurisdiction of the state and federal courts located within the Northern District of Illinois
Regardless of any statute or law to the contrary, any cause of action or claim user may have arising out of or relating to this tou or the website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
For purposes of the American With Disabilities Act, and similar state or local laws, CREF represents that the Website (not including any third party content, integrations and external websites) makes every reasonable and good faith effort to adhere to the Web Content Accessibility Guidelines, commonly referred to as WCAG 2.1 AA or the then prevailing "Accessibility Standard" as issued and developed by the World Wide Web Consortium (W3C), which sets accessibility standards for website development, functionality and use, and any current, non-technical industry best practices.
