National Wildlife Federation Action Fund Terms of Use

Acceptance of Terms Through Use

National Wildlife Federation Action Fund and its programs, projects and coalitions (“NWF Action Fund”, “we” or “us”) operate websites, mobile applications and web properties that refer to these Terms of Use (collectively the “Sites”). Please read the following terms carefully. BY USING THE SITE(S), YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS, INCLUDING THE AGREEMENT FOR DISPUTE RESOLUTION. NWF Action Fund may revise these terms from time to time. If you continue to use our Sites after we post changes to these terms, it will mean that you accept such changes. You may find our privacy policy at the footer of this page.

Use of Sites

NWF Action Fund Sites may allow users to complete a form or create an account to improve user experience. You agree that any information or registration that you submit is truthful and accurate, including contact information for notices and payment information. You agree not to misrepresent your information or identity, including providing false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, such as if we suspect a violation of the Terms, including verifying contact information for a parent or guardian.

Use of Materials on The Sites

The Sites are owned by NWF Action Fund. NWF Action Fund maintains the Sites for your personal, educational, non-commercial purposes. All materials on the Sites, including, but not limited to, artwork, photographs, maps, data, text, trademarks, service marks, and logos (“Content”) are the exclusive property of NWF Action Fund or our contributors and are copyrighted. No portion of the Content may be copied, downloaded, reproduced, reused, distributed, transmitted, or modified for any purpose without NWF Action Fund ‘s express written permission. Any unauthorized use of the Content may violate copyright laws, trademark laws, and other applicable laws.

To request NWF Action Fund ‘s authorization for your use of any Content displayed on the Sites, please send a message to: info@nwa.org using the subject “Action Fund Reprint Permission.” NWF’s failure to reply to any request to use any Content on the Sites is NOT an implied or explicit permission to use such materials.

Copyright Complaints

NWF Action Fund respects the intellectual property of others. If you believe that your copyrighted work has been reproduced on the Sites or any NWF Action Fund-maintained bulletin board, chat room, or list serv in a way that could constitute copyright infringement, please notify us by following our Procedure for Making Claims of Copyright Infringement.

Trademark Information

The trademarks, service marks, trade names and logos (“Marks”) displayed on the Sites are registered and unregistered trademarks of the National Wildlife Federation, or third-party contributors. You may not, under any circumstance, use any Mark for any purpose without the prior written permission of the owner of the Mark in question.

Outside Links

NWF Action Fund provides hyperlinks from the Sites to third-party sites as a convenience to users. NWF Action Fund does not endorse such third parties or the contents of any such sites. NWF Action Fund has no control over, makes no representation or warranty and disclaims all liability with respect to such sites. Third party sites may contain their own terms of service and privacy policies.

Bulletin Boards/Chat Rooms/List Servs

The Sites may include bulletin boards, chat rooms, and list servs (hereinafter “bulletin boards”) which allow feedback to NWF Action Fund and real time interaction between users. NWF Action Fund does not control the content or files delivered to the bulletin boards. In using these interactive services, you agree that you will not post, transmit, or otherwise distribute or facilitate distribution of any content that:

  • Is unlawful, harassing, defamatory, libelous, invasive of another’s privacy, or tortious, contains content of a sexual nature, or uses vulgar language;
  • Includes personally-identifying information of another individual;
  • Violates or is inconsistent with NWF’s Community Commitment policy here
  • Infringes on the intellectual property or other proprietary right of any party;
  • Constitutes unauthorized or unsolicited advertising, junk or bulk email, spam mail, chain letters, or any other form of unauthorized solicitation;
  • Contains software viruses, worms, or any other computer code, files, or programs that are designed or intended to disrupt or damage any software, hardware, or telecommunications equipment or to obtain unauthorized access to any third-party data or other information.

You also agree that you will not collect information about the users of the Sites or use such information for any purpose. In addition, you agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 years of age). Personal information includes, but is not limited to, name, nick name, address, phone number, email address, or name of their school.

NWF Action Fund generally does not monitor or edit the content posted by users of the bulletin boards. NWF Action Fund does, however, reserve the right, in its sole discretion, to remove any content that, in NWF Action Fund ‘s judgment, does not comply with the foregoing rules, or is otherwise objectionable, inappropriate, or inaccurate. NWF Action Fund is not responsible for any failure or delay in removing such content.

Disclaimer

NWF Action Fund and their respective directors, officers, employees, and agents (the “NWF Parties”) assume no responsibility for, and offer no warranties or representations regarding, the accuracy, reliability, completeness, or timeliness of any Content. Your use of the Sites and Content is at your own risk. Under no circumstances shall the NWF Parties be liable for any damages, including, without limitation, direct, incidental, special, consequential, indirect, or punitive damages, lost profits, lost data, or business interruption arising out of or your access to, inability to access, or use of, the Sites even if NWF Action Fund has been advised of the possibility of such damages. NWF Action Fund does not warrant that the Sites will be uninterrupted or error free or that the Sites, the Content, or the Sites’ server are free of virus. If your use of the Sites or the Content results in the need for servicing or replacing property, material, equipment, or data, the NWF Parties are not responsible for those costs.

Without limiting the foregoing, the Sites, the software, products, services, and the Content are provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. In jurisdictions that prohibit or limit warranty or liability disclaimers, the liability of the NWF Parties shall be limited to the fullest extent allowed by law.

General Provisions

NWF Action Fund may revise these terms from time to time with the revised term taking effect as of the date of its posting. If any term is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. NWF Action Fund reserves the right to terminate your access to all or part of the Sites, with or without notice.

Failure of NWF Action Fund to enforce any of these terms shall not constitute a waiver of such terms or any other terms. No waiver or consent shall be effective against NWF Action Fund unless in writing and no such waiver or consent shall be construed as a waiver or consent in any other or subsequent instance.

Procedure for Making Claims of Copyright Infringement

NOTE: This information is only to be used for reporting copyright infringement. All other inquiries, such as requests for technical assistance or reprint permission should be directed to info@nwf.org.

If you believe that you hold a claim of copyright infringement against NWF Action Fund, please send notice of your claim to the following designated agent:

Service Provider:
National Wildlife Federation Action Fund

Address to Which Notification Should Be Sent:
11100 Wildlife Center Drive
Reston, Virginia 20190-5362
Attention: Office of General Counsel/DMCA Complaint

Or: info@nwa.org

To be effective, notification of your claim of copyright infringement must be in writing and must include the following information:

  1. Description of the copyrighted work that you claim has been infringed.
  2. Location where the original or an authorized copy of the copyrighted work may be found. For example, web site URL or name of the book in which the work is published.
  3. Identification of the material that you claim is infringing.
  4. Location (for example, the URL) where the material that you claim is infringing may be found. You must include enough information that is reasonably sufficient to permit NWF Action Fund to locate the material.
  5. Information reasonably sufficient to permit NWF Action Fund to contact you, including your name, address, telephone number and email address.
  6. A 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.
  7. A signed statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are either the copyright owner of the allegedly infringed work or are authorized to act on the copyright owner’s behalf.

Agreement for Dispute Resolution / Arbitration

  • IF YOU OR WE HAVE A DISPUTE OR CLAIM (A “CLAIM”) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR THESE TERMS, AND THE CLAIM IS NOT RESOLVED BY CONTACTING NWF’S CUSTOMER SERVICE AT INFO@NWA.ORG AND BY FOLLOWING THE INFORMAL DISPUTE RESOLUTION PROCEDURE SET FORTH BELOW, YOU AGREE TO RESOLVE SUCH DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION OR AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT.
  • CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND A CLAIM MAY NOT BE CONSOLIDATED WITH ANY OTHER PERSON’S CLAIM. YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND THAT ANY ARBITRATION BETWEEN YOU AND US WILL BE SUBJECT TO THESE TERMS.
  • This agreement for dispute resolution and arbitration shall survive termination of these terms or any subscription or registration that you may have to any Sites or the content hosted on the Sites.
  • Before commencing arbitration or filing a small claims court action with respect to a Claim, you or we must first send a written notice of dispute (“Notice”). A Notice must be (1) sent by certified mail; (2) addressed to National Wildlife Federation Action Fund, 11100 Wildlife Center Drive, Reston, VA 20190 Attn: General Counsel (the “Notice Address”) or to the address that we have on file for you; (3) contain your or our representative’s name, address, and email address; (4) describe the nature and basis of the Claim; (5) include any relevant facts; (6) specify the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation of them; and (7) include a personally signed statement from you or us (and not our respective agents or attorneys) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute.
  • After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You or we may request an individualized phone or video settlement conference, with both parties attending (with counsel, if represented) at a mutually convenient time and seeking to reach a resolution. If we do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules). Compliance with this section’s procedure is a condition precedent to arbitration. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration.
  • Any such arbitration shall be governed by applicable rules of American Arbitration Association (“AAA”) and will be administered by AAA under the Consumer Arbitration Rules and fee schedule, available here: https://www.adr.org/rules-forms-and-fees/consumer/. If AAA is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties. You or we may elect to hold the arbitration virtually rather than in-person. The arbitrator shall decide all issues, including the scope and enforceability of these terms. The arbitrator may consider rulings in other arbitrations involving different customers but is not bound by those. The arbitrator’s decision is binding only between you and us and will not have any preclusive effect in another arbitration or proceeding that involves a different party.
  • These terms shall be construed and any Claim shall be governed by the American Arbitration Act and interpreting case law and the substantive law applicable shall be the law the Commonwealth of Virginia, United States of America, without regard to conflict of law principles. If the arbitration provision in these terms do not apply to a claim or is deemed to be unenforceable, Commonwealth of Virginia courts have exclusive jurisdiction to resolve any claims or disputes relating to the Sites or the Content, and you hereby consent to the exclusive jurisdiction of such courts. Additionally, any claim or cause of action you may have with respect to the Sites must commence within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Stay in on the action. Sign up for updates!

Sign Up Now