Effective Date: July 18, 2022
The Site is not intended for the use of children under 18. By using the Site, you are representing that you are at least 18 years old and of legal age to enter into legal agreements.
Your Relationship with Us
The purpose of the Site is solely to provide educational information to those wishing to view it. Any Content on the Site, or content you receive is solely for educational and informational purposes. We cannot and do not guarantee any type of specific results, outcomes or changes through use of the Site.
Change The Air Foundation does not provide medical advice and is not intended to be a substitute for the advice, diagnosis or treatment from a physician or other health care professional. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of any interaction you have had with Change The Air Foundation.
By accepting this Agreement, you acknowledge and agree that Change The Air Foundation is not a healthcare provider and that by using the Site, you are not entering into a patient- provider or other healthcare provider relationship with Change The Air Foundation.
Privacy and Data Security
Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to the Change The Air Foundation and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.
User Submissions, Feedback and Information
Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by Change The Air Foundation. You consent, for yourself and on behalf of any other person or child whose information or likeness you submit to Change The Air Foundation, to the use by Change The Air Foundation of the information and that it is submitted in compliance with all applicable laws. You are responsible for any Submission you provide and for any consequences arising therefrom.
Your Use of the Site
In connection with your use of the Site, you agree that you will not:
- post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
- interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the Site to transmit, distribute, post or submit any information concerning any other person or entity;
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- “scrape,” “crawl” or “spider” any web pages or other services contained in the Site;
- display, mirror or frame the Site, or any individual element within the Site, Change The Air Foundation’s name, any trademark, logo or other proprietary information of Change The Air Foundation, or the layout and design of any page or form contained on a page, without Change The Air Foundation’s express written consent;
- access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of Change The Air Foundation’s providers;
- attempt to probe, scan, or test the vulnerability of any Change The Air Foundation system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Change The Air Foundation or any of Change The Air Foundation’s providers or any other third party (including another user) to protect the Site or any of the content on the Site;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Site is expressly prohibited.
Change The Air Foundation reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Thank you for your donations. Donations may be in any amount and may one-time or recurring at regular intervals, such as weekly, monthly, quarterly or annually. RECURRING DONATIONS ARE AUTO-RENEWING. THIS MEANS THAT WE WILL BILL THE PAYMENT METHOD THAT YOU PROVIDE TO US FOR YOUR INITIAL DONATION ON A RECURRING BASIS THAT YOU CHOOSE AT THE BEGINNING OF EACH RENEWAL PERIOD. BY SIGNING UP FOR A RECURRING DONATION, YOU AUTHORIZE RECURRING CHARGES TO YOUR PAYMENT CARD OR RECURRING WITHDRAWALS FROM YOUR BANK ACCOUNT. To cancel your recurring donation or make changes to your payment information, please update your Bloomerang/Kindful account information or contact us at firstname.lastname@example.org. Please also let us know immediately if you suspect any unauthorized use of your credit card or login credentials.
When you provide payment information to Change The Air Foundation or to its payment processor, you represent that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize Change The Air Foundation to charge your credit card or to process your payment with the chosen third-party payment processor for any purchase. Change The Air Foundation or its processor may require you to provide your address or other information in order to meet their obligations under applicable law.
You agree that Change The Air Foundation will not be responsible for any expenses that you may incur resulting from overdrawing your bank account or exceeding your credit limit as a result of a donation made to us.
You agree to keep your account information current at all times. To make changes to your account information, please contact us at email@example.com. Please also let us know immediately if you suspect any unauthorized use of your payment card or any login credentials.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Site and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- description of the copyrighted work that you claim has been infringed;
- description of the material that you claim is infringing and where it is located on the Site;
- identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org or by mail at Copyright Agent, c/o Change The Air Foundation, 1712 Ginesi Drive Suite 1, Freehold, NJ 07728.
Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation
Links to Other Sites
The Site contains links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Change The Air Foundation’s control, and Change The Air Foundation is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
Disclaimer; Limitation of Liability
THE SITE AND ALL CONTENT OFFERED THROUGH THE SITE ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.
EXCEPT WHERE PROHIBITED BY LAW OR AS MAY BE OTHERWISE AGREED IN A SEPARATE AGREEMENT WITH CHANGE THE AIR FOUNDATION, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL THE CHANGE THE AIR FOUNDATION PARTIES OR CHANGE THE AIR FOUNDATION’S THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF THE CHANGE THE AIR FOUNDATION PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site and our products and services, including all disputes, will be governed by the laws of the United States and by the laws of the State of New Jersey excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods.
Before filing any legal action, the parties shall participate in a non-binding mediation in a good faith attempt to resolve the dispute. The parties shall split mediation costs and each party shall bear its own attorney’s fees for the mediation.
A Dispute cannot be brought as a class or other type of representative action or on behalf of any other individual or group of individuals.
Users Outside of the United States
Change The Air Foundation and the Site are operated in the United States. Although the Site is accessible worldwide, not all features, content or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Questions and Contact Information
Change The Air Foundation is located at:
1712 Ginesi Drive Suite 1
Freehold, NJ 07728