Terms and Condidtions

Terms and Conditions of Use

IMPORTANT: Please read the following and the Privacy Statement before accessing and using this Site.

Thank you for visiting www.cleanwaterforuskids.org (Clean Water for US Kids™). We hope that you will find this website ("Site") helpful and informative.

The following are the terms and conditions ("Terms") that apply to and govern your use of this Site. These Terms also incorporate our Privacy Statement. If you do not agree with any terms or conditions herein, or have any questions, before proceeding contact us directly at www.cleanwaterforuskids.org/carolina/contact and we will be pleased to assist you. BY CHOOSING TO ACCESS AND USE THIS SITE, YOU ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND BY THESE TERMS.

Exclusive Terms. Please note that these Terms exclusively govern your access and use of this Site and do not alter or affect the terms and conditions of any other agreement that you may have or enter into with RTI for any given product or service. In the event that some areas of this Site require restricted access, you may be required to agree to special terms and conditions for such areas.

Changes to Site. RTI reserves the right to make changes in the access, operation, and content of this Site at any time without notice. We also reserve the right to make changes in the Terms and the Privacy Statement, and will use reasonable efforts to notify you of such changes. Your continued use of this Site constitutes your consent to such modified Terms.

Registration Process, Authorized Access and Registered Users. There are areas of this site that are exclusively reserved for the use of persons who have completed the registration process and who have been granted authorization for access through issuance of a unique password. No other persons other than authorized users may access this site. Passwords and registration are non-transferable. You are solely responsible and liable to maintain the security and confidentiality of this password and, accordingly, are liable for all activities on this site that may arise from use of this password, even if such unauthorized users have not been specifically authorized by you or have fraudulently or in error obtained this password. We cannot verify that any user accessing this site with a password is the individual authorized to do so, and therefore, through accessing this site and providing a password, we are solely relying on your representation of authenticity. Should you become aware that your name, account, registration, or password is being used or attempted to be used on this site or otherwise by an unauthorized person, or in the event of any other possible misuse or fraud, it is your responsibility to inform us immediately so we may take appropriate action. We reserve the right in our sole judgment and discretion to terminate any user's access to and use of the site at any time, and without notice, for any reason, including but not limited to any possible or alleged misuse, fraud, or misconduct by any person accessing or using the site under your user name and password.

User restrictions. As a user of the Site, you agree not to do any of the following:

• Use in connection with any legal matters that are frivolous, immaterial, illegal, lack merit, involve the laws of foreign legal jurisdictions, or have been pursued an excessive or unreasonable amount of times as determined by us;
• Use in connection with any legal matter involving violent crime;
• Use in any legal matter that directly or indirectly involves RTI or any of its affiliates, directors, agents, employees, or service providers;
• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
• Use a buying agent or purchasing agent to make purchases on the Site;
• Use the Site to advertise or offer to sell goods and services;
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
• Engage in unauthorized framing of or linking to the Site;
• Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords;
• Make improper use of our support services or submit false reports of abuse or misconduct;
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
• Attempt to impersonate another user or person or use the username of another user;
• Sell or otherwise transfer your profile;
• Use any information obtained from the Site in order to harass, abuse, or harm another person;
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
• Delete the copyright or other proprietary rights notice from any Content;
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
• Use the Site in a manner inconsistent with any applicable laws or regulations.

Copyright Notice. Unless and to the extent otherwise expressly designated, you acknowledge that RTI and its designated partners are the sole owner of all intellectual property rights to this Site and its contents, including but not limited to copyright protection for all content, including the design, layout, graphics, photos, format, and other visual elements of the Site. All ownership rights pertaining to the information and material contained on this Site, including but not limited to the RTI name, logos, trademarks, graphics, photos, images, audio, video, messages, files and content, are owned or have been duly licensed by RTI, with all rights not conveyed herein being expressly reserved by RTI and its designated partners. You are not granted any rights to use the content except to the extent of your permitted use of this Site. Any use other than that set forth above, including the non-internal reproduction, modification, copying, display or use of any copyright-protected RTI or other logo, graphic, photo or image, without the prior written permission of RTI, is strictly prohibited and will be enforced to the full extent of the law. Except for data and information submitted pursuant to an existing agreement with RTI, any ideas, material, or content submitted by any user on or through this Site (including by e-mail) is, to the extent you own the intellectual property rights, the sole property of RTI, and RTI has no obligation of confidentiality nor are we responsible for any claims of infringement or misappropriation that may result from any submission. Personal information submitted will be treated in accordance with our Privacy Statement. RTI makes no guarantee, representation or warranty that the content of this Site or its use will not infringe upon the intellectual property right of any person, nor that the use, transfer, reproduction, distribution, transmission, or storage of any Site content outside the United States is in compliance with the laws of any other governmental authority or jurisdiction which may be applicable.

No Warranties Provided.
ALL MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

The materials posted on this Site could include technical or other mistakes or inaccuracies. RTI disclaims all warranties and makes no representations regarding the quality, accuracy, completeness or suitability of the materials on this or any other Site and disclaims any duty to keep this information current or accurate. RTI shall have the right, but not the responsibility, to remove content that may be in violation of this agreement or any rules posted here. RTI may change any information on this Site or any product or service described on this Site, including functionality or performance thereof, any time without notice.

Accounts, Fees, and Payment. You agree to provide current, complete and accurate purchase information for all purchases made via the Site. You further agree to promptly update your account and financial information, including email address, payment method and credit or debit card expiration date, so that we can complete your transactions and contact you as needed.

You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such purchases. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in U.S. dollars.

In the event you fail to make a timely payment, you will be responsible for all reasonable expenses (including attorneys’ fees) incurred by us in collecting such amounts. We reserve the right to suspend access to the Services in the event you fail to make a timely payment hereunder.

We reserve the right to refuse any order placed through the Site. We also reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

Compliance with All Laws. You agree that your use of this Site will be in compliance with all relevant and applicable laws and regulations, which shall include but not be limited to U.S. export control laws and executive orders. The information provided on and through this Site or any Secured Site may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States. IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES PERTAINING TO ANY POTENTIAL ACCESS, TRANSFER AND USE OF ANY INFORMATION HEREIN WHICH MAY BE DEEMED TO BE "CONTROLLED" AS DEFINED BY LAW.

This Site may not be accessed or used by any national of certain countries or groups against which the United States has instituted sanctions (including Iran, Libya, Iraq, Cuba, the Sudan, and members of some Angolan and Serbian groups), Specially Designated Nationals, and other proscribed persons who are listed on the Denied Parties list. Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use the Site, including any Secured Site, your access of the Site, including the presentment of any authorized user ID and password, constitutes your express representation that (1) the person attempting access thereunder is not a national of any such sanctioned country or group or a Specially Designated National; (2) said person is not included on such Denied Parties list; and (3) if said person is an Authorized User, you have not disclosed or provided such password and user ID to any such person for use under your registration. Users shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph, and SUCH USER HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD RTI HARMLESS FROM AND AGAINST ANY AND ALL SUCH DAMAGES AND LIABILITY.

Site Security. So that this Site remains to the extent possible open and available to all users, we have mechanisms in place to identify unauthorized attempts to gain access to Secured Sites, upload or change information or any image, inject any harmful elements, or otherwise cause damage. Regardless, even though we strive to keep these mechanisms up to date, due to the technical uncertainties, we are unable to make any representation or warranty that the content, information, or links in this Site are secure and free of data-processing errors, technical glitches, operational problems, interruptions, errors, bugs, worms, viruses, unauthorized third-party access, or any other harmful elements. YOU REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR SYSTEMS WHEN USING THIS SITE. Unauthorized attempts to upload, insert, or change any information or image on this Site or cause harm are strictly prohibited and may be punishable to the full extent of the law, including the Computer Fraud and Abuse Act and the National Information Infrastructure Protection Act.

Outside Links. For your information or convenience, this Site may contain direct links or hyperlinks to websites that are maintained by third parties. When clicking on such a link, you are leaving our Site. Therefore, RTI has no control over, does not endorse, and is not liable for the quality, operation, reliability, compliance with laws, ethics, business practices, or content of such third-party websites or for any product or service advertised or provided therein. Any transactions with such third parties, including provision of your personal information, are strictly at your own risk. We expressly disclaim all liability arising from your access of and for the content contained within or through any such third-party website.

Access Outside United States. If you are accessing this Site from outside the United States, you are doing so at your own risk, and you remain fully responsible and liable for familiarity and compliance with these Terms as well as with the laws, regulations, directives, codes, and rules of the United States, including its export compliance laws and regulations, as well as those of the jurisdiction from which you are accessing the Site, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on this Site, or any commercial transactions conducted on or through this Site.

Privacy. The use of your personal information given to us during your visit to our Site is governed by the RTI Privacy Statement, which is posted on this Site and incorporated into these Terms.

Limitation of Liability and Indemnification
IN NO EVENT WILL RTI AND ITS AFFILIATES, PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, ASSIGNEES, SUCCESSORS, INSURERS AND AGENTS, BE LIABLE FOR ANY DAMAGE WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST REVENUES OR PROFITS, LOST DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION) RESULTING FROM OR IN ANY WAY RELATED TO THE USE OF ANY MATERIALS POSTED ON OR MADE AVAILABLE AT THIS SITE OR ANY OTHER SITE TO WHICH A LINK IS PROVIDED OR ON WHICH A LINK IS PROVIDED TO THIS SITE, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE BASED.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RTI AND ITS AFFILIATES AND PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, ASSIGNEES, AND AGENTS, FOR ANY COSTS, CLAIMS, DAMAGES, LOSSES, OR OTHER LIABILITIES ARISING FROM YOUR USE OF THE SITE IN BREACH OF THESE TERMS OR IN VIOLATION OF LAW.

SHOULD THE ABOVE PROVISIONS BE HELD TO BE UNENFORCEABLE FOR ANY REASON, IN WHOLE OR IN PART, COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY REASON CONNECTED TO YOUR USE OF THIS SITE WILL IN NO EVENT EXCEED THE SUM OF $100.00. ALL OTHER TERMS AND CONDITIONS HEREIN WILL REMAIN IN EFFECT IN THE EVENT ANY PROVISION SHOULD BE FOUND UNENFORCEABLE.

Applicable Law and Dispute Resolution. You agree that these Terms will be interpreted under the laws of the State of North Carolina, regardless of any conflicts of laws rules, and regardless of the laws of any other jurisdiction which may be asserted. Any dispute or claim which you may have ("Claim") arising from your access or use of the Site shall be first submitted in writing to RTI within one month (30 days) from the occurrence of the event upon which such Claim is alleged to be based, or such Claim shall be deemed waived. Any Claim which has been properly submitted to RTI which has not been resolved within a reasonable period of time not to exceed six (6) months may be submitted to binding arbitration as an exclusive alternative to litigation. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY LITIGATION IN ANY JURISDICTION AGAINST RTI BASED ON YOUR ACCESS OR USE OF THIS SITE OR UNDER THESE TERMS. Any arbitration will be administered by the American Arbitration Association in Durham, North Carolina, in accordance with its applicable commercial rules and procedures. Any arbitral award will specifically exclude any special, indirect, incidental, exemplary, punitive, or consequential damages.

Thank you for visiting www.cleanwaterforcarolinakids.org. If you have any questions, comments, or suggestions concerning this Site, we would like to hear from you. Please contact us.

Last Updated: 7/2023