Introduction

Welcome to the findthewhy.org website (the “Website”), which is owned and operated by Symphony Workforce Foundation, d/b/a Find the Why! (“FTW”). These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). As used in these Terms, “we” and “our” refers to FTW and “you” and “your” refers to users of this Website.

By using the Services and accessing the Content, you unconditionally agree to be contractually bound to these Terms and our Privacy Policy, found at https://app.findthewhy.com/privacy. Our Privacy Policy describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by FTW and its affiliates. If you do not agree to these Terms or the Privacy Policy, you must not use or access the Website. By using the Services and accessing the Content, you represent and warrant that you are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you are of legal age and capacity to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. Individuals under the age of 13 are not permitted to use this Website under any circumstances. Individuals who are 13 years of age or older but under the age of 18 (individually, a “Permitted Minor” and collectively, “Permitted Minors”), are only allowed to use this Website with the supervision or a parent or legal guardian who agrees to be bound by these Terms. If you are the parent or guardian agreeing to these Terms on behalf of a Permitted Minor, you are fully responsible for the Permitted Minor’s use of the Website, including all financial charges and legal liability that the Permitted Minor may incur. We do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on our Website, we will remove that information as soon as possible.

Intellectual Property and License

The Website and its entire contents, features, and functionality (including, but not limited to all information, designs, plans, models, drawings, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by FTW, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to compliance with these Terms and any other applicable agreements, FTW hereby grants all users of the Website a limited and revocable license (“License”) to access and utilize the Website and Services on personal computers and mobile devices and to access and utilize the Content, information, and functions available for non-commercial purposes. The License is non-exclusive, non-sublicensable, and non-transferable except as may be expressly permitted in a separate written contract between FTW and you, and does not include any rights to print (other than printing limited copies for personal use), download, reproduce, copy, distribute, display, modify, or create any derivative works from the Website, Services, FTW’s names, logos, designs, service names, trademarks, or trade names. Other than as expressly granted by this License or by separate written agreement, FTW remains the sole owner, and retains all right, title, and interest in and to, the Website and Services. You must not access or use for commercial purposes any part of the Website or Services, or materials available through the site.

If you print, download, reproduce, copy, distribute, display, modify, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by FTW. Any use of the Website or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

User Content

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations and the legality, reliability, accuracy, and appropriateness of the Content. You should only provide Content that you are comfortable sharing with others. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we are not responsible or liable to any third party for the content or accuracy of any Content posted by you or any other user of the Website. We reserve the right to remove Content that violates these Terms.

You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (any incorporated audio, photos and videos are considered part of the Content). By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). You represent and warrant that you own or control all rights in and to the Content and have the right to grant the license granted herein. You agree that this license includes the right for FTW to provide, promote, and improve the Services and to adapt or make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by FTW, or other companies, organizations, or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant FTW the license described above.

The Website and Services shall be used only for lawful purposes and content. Use of the Website and Services for transmission, distribution, use, posting, retrieval, or storage of any information, data, or other material for any illegal purpose or in violation of any applicable (at the time of such use) local, state, provincial, federal, national, or international law, treaty, court order, ordinance, regulation, or administrative rule is prohibited.

Accessing the Website and Services

You may access the Website and use the Services only in compliance with these Terms and all applicable laws, rules, and regulations. We reserve the right to withdraw or amend the Website and the Services at any time and in our sole discretion without notice. From time to time, we may also remove, restrict access to, or refuse to distribute any Content on the Services, and suspend or terminate users, and reclaim usernames for any reason without liability to you. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

You agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, FTW’s computer systems, or the technical delivery systems of FTW’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) (iv) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. If any user engages in conduct that violates these Terms or the Privacy Policy, or is otherwise illegal or improper, FTW reserves to right to suspend and/or terminate the Service or the user’s access to the Website, including without notification. FTW shall also have the right to take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Website.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of FTW and its users. FTW does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy. YOU WAIVE AND HOLD HARMLESS FTW AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FTW OR ANY OF THE FOREGOING PARTIES DRING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY FTW OR LAW ENFORCEMENT AUTHORITIES.

You may need to create an account to use some of our Services. You are responsible for safeguarding your account, and must treat any user name, password, or any other piece of information that is part of our security measures as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website, or portions of it, using your user name, password, or other security information. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.

You may deactivate your accounts and discontinue your use of the Services at any time. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including if, in our opinion, you have violated any provision of these Terms.

Disclaimers and Limitation of Liability

The Website and Services are provided on an “as-is” basis. FTW makes no guarantee of, and assumes no liability for, the availability of the Website and Service, Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “FTW Entities” refers to FTW, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE FTW ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The FTW Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, performance, timeliness, security or reliability of the Website, the Services, or any Content (including that the Website or the servers that make the Website available are free of viruses, scripts, trojan horses, worms, or other harmful components); (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the FTW Entities or through the Services, will create any warranty or representation not expressly made herein. You expressly agree that your use of the Website is at your sole risk.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FTW ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE WEBSITE OR THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE FTW ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID FTW, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE FTW ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnification

You agree to defend, indemnify, and hold harmless FTW, 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 your violation of these Terms or your use of the Website, including, but not limited to, your Content, and any use of the Services other than as expressly authorized in these Terms.

Copyright Issues

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

Our designated copyright agent to receive DMCA Notices and Counter Notices is: John Batcher, 72 Ginger Woods, Valley, Nebraska, 68064.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Similarly, if you fail to comply with all of the requirements of Section 512(g)(3) of the DMCA, your Counter Notice may not be effective.

The DMCA allows us to restore removed content if the party filing the original DMCA Notice does not file a court action to enforce its copyright within ten business days of receiving a copy of a Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, or if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers, and to withdraw such users’ access to the Website.

Changes to Site

We may update the Website and Services from time to time, but such information is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Changes to the Terms of Use

We may revise and update these Terms at any time without prior notice to you. All changes are effective immediately when we poste them and apply to all access to and use of the Website thereafter. The changes will not be retroactive. However, any changes to the dispute resolution provisions set forth herein will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Governing Law and Jurisdiction

The laws of the State of Nebraska, excluding its choice of law provisions, will govern all matters related to these Terms and the Website and any dispute or claim that arises therefrom or related thereto. All disputes related to these Terms, the Website, or the Services will be brought solely in the federal courts of the United States or the courts of the State of Nebraska, in each case located in the City of Omaha and County of Douglas, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Nebraska (excluding choice of law).

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS 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.

Waiver and Severability

In the event that any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. No waiver by FTW of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and FTW’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and FTW regarding the Website, Services, and Content and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website, Services, and/or Content.