INTRODUCTION
The Terms of Use set forth herein (“Terms of Use”) apply to your use of www.FosterClub.com (the “Site”). The Site is hosted by FosterClub, Inc. (“FosterClub”), an Oregon non-profit organization with registered offices at 810 Broadway Street #203, Seaside, Oregon, U.S.A. The Site offers young people in foster care, supportive adults, and the general public (“Users”) access to the various information, interactive features, and forums. As used herein, “you” or “your” shall refer to you as a visitor to or User of the Site. “We” or “our” shall refer to FosterClub. By using the Site, you accept and agree to comply with the Terms of Use. Your use of the Site also is subject to and contingent upon your agreement with the Projects Privacy Policy, which are hereby incorporated by reference. PLEASE READ AND AGREE TO THE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THE SITE.

SUPERVISORY ADULT CONSENT TO USE THE SITE
FosterClub is aware that the nature of this Site means that a significant number of our Users are young people. We encourage all young visitors to consult with a supervisory adult about how to best enjoy the Site. We believe that supervisory adults should supervise the online activities of youth in their care and consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools also can prevent children from disclosing their names, addresses and other personal information without parental permission. For additional information about parental control tools, please consult the "Consumer Assistance" page of the Direct Marketing Association available at http://www.the-dma.org/(link is external). For locations outside of the United States, please go to www.the-dma.org/affiliates/dmintl.shtml(link is external) for a country-by-country directory of direct marketing associations. For additional information on the FosterClub’s privacy practices, please see below and also refer to the Privacy Policy, which is hereby incorporated by reference.

REGISTRATION TO USE THE SITE
You acknowledge and agree that FosterClub may (i) block your use of the Site if your registration is not complete and/or (ii) may terminate your account and rights to use the Site if any registration data that you provide is untrue, inaccurate, not current or incomplete, or if FosterClub has reasonable grounds to believe that any registration data is untrue, inaccurate, not current or incomplete.

ACCOUNT SECURITY
Users will receive a unique user name and password (together, “your Account”). You understand that you are responsible for keeping your Account secure. You also are responsible for all activities that occur through your Account. You agree to immediately notify FosterClub of any unauthorized use of your Account or any breach of security. Unauthorized access to the Site is a breach of the Terms of Use and a violation of law.

RULES OF CONDUCT
As a User of the Site, you acknowledge and agree to the following rules of conduct (“Rules of Conduct”) for the Site: no bad language, pictures or behavior. You agree not to post or distribute any material that is: (a) defamatory, abusive, harassing, insulting or threatening to any other person or that could be considered stalking; (b) bigoted, hateful or racially offensive; (c) vulgar, obscene or sexually explicit; or (d) illegal or promoting illegal activity. FosterClub, in it sole discretion, determines what violates this section. Ask for permission when borrowing other people's work. You agree not to post or distribute any material that infringes and/or violates any right of a third party or any domestic or international law, including but not limited to: (a) copyright, patent, trademark or other proprietary rights; (b) rights of privacy or publicity (specifically, you must not post or otherwise distribute any other person's personal information); or (c) any confidentiality obligation. No advertising or selling. You agree not to advertise or sell anything (whether or not for profit) or use the Site for commercial purposes of any kind. No viruses. You agree not to post or distribute a computer virus or other harmful component. No Lies. You agree not to impersonate any person or entity or misrepresent your identity. No mass emails. You agree not to engage in antisocial, disruptive or destructive acts, including "flaming," "spamming," "flooding," "trolling" and "griefing" (as such terms are commonly understood and used on the Internet.) No tampering. You agree not to delete any legal notice, disclaimer or proprietary notice, such as copyright or trademark symbols, or modify any logo that you do not own or have express permission to modify. No Illegal activity. You will not, intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulation or law. We may remove and/or notify law enforcement officials of any material that is in violation of any part of these rules of conduct. We also may remove material that we determine is not appropriate for the Site and terminate your Account at any time. We also reserve the right to cooperate with law enforcement officials regarding the identification of any User alleged to be using the Site in violation of any applicable law. FosterClub may, at any time without prior notice, temporarily limit or suspend in whole or in part a User’s access to the Site and take reasonable actions to mitigate damages to FosterClub or other third parties if the User has engaged in conduct or activities prohibited by the Terms of Use or has violated any applicable law. FosterClub shall not have any liability to the User or to any third party in respect of any limitation or suspension of the User’s access to the Site.

LICENSE GRANT
We do not claim ownership of any Content submitted or made available by you for inclusion on the Site. By agreeing to the Terms of Use, you grant FosterClub a world-wide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate and publicly display any such content (in whole or in part) on the Site, solely for the purpose for which such content was submitted or made available. This license is perpetual notwithstanding the removal of any content submitted by you from the Site.

CONTENT TO BE USED FOR YOUR EDUCATIONAL USE ONLY
The Site provides a means for young people to connect in a safe, monitored environment. The content, other than any content submitted or made available by you, may be protected by copyright, trademarks, service marks, trade secret or other laws or proprietary rights agreements and you are only permitted to use them only as expressly authorized by FosterClub. You agree to comply with any additional copyright notice or restriction contained in or accompanying such content. Subject to the foregoing and all of the other provisions contained in the Terms of Use, you are permitted to download, publish, copy, distribute, perform, display, transmit and otherwise use any portion of the material on the Site for educational and noncommercial purposes only, including, by way of example, in the classroom for teaching or in relation to other not-for-profit activities. Other than as expressly permitted in the Terms of Use, you agree that you will not and will not permit others to: (i) publish, copy, transmit, transfer or sell, reproduce, distribute, perform, display or in any way exploit any of such content in whole or in part; (ii) sublicense such content to any third party or use such content for any commercial purpose; (iii) alter such content in any way (including without limitation, by removing copyright, trademark and other proprietary notices included with the same); (iv) create any derivative work of such content; or (v) otherwise use such content in a manner that is inconsistent with the Terms of Use.

LINKING TO THE SITE
You may link to the Site solely for noncommercial or educational purposes provided you notify us via our contact us form. For the avoidance of doubt and subject to the following, you may not link to the Site for, or in relation to, any for-profit activities. Entities or individuals wishing to link to the Site for uses other than noncommercial or educational purposes must first request and receive written permission from FosterClub. The foregoing notwithstanding, FosterClub reserves the right in its sole discretion to prohibit any entity or individual from linking to the Site. To the extent permission is granted to website publishers, such publishers may not include a banner over the browser window of the linked page such that the URL of the Site or sub-page is not visible. In addition, the origin of the Site must be included in any description or listing of a Site (for instance, "a Fosterclub.com site" or other language as may be required by FosterClub in its sole discretion).

LINKS TO OTHER WEBSITES
The Terms of Use apply only to the Site. FosterClub, its affiliates and subsidiaries operate many other websites for different purposes and in multiple jurisdictions where local laws may apply. The Site may include links to certain affiliated sites and to other educational resource and non-profit Sites, including access to content, products and services of such affiliated and non-affiliated sites (“Other Sites”). When you click on a link to these Other Sites, you leave the Site. These Other Sites are not under the control of FosterClub and you acknowledge that FosterClub is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites (whether or not such sites are affiliated in any way with FosterClub). The inclusion of any links within the Site to any other site does not imply endorsement of such other site by us or any association with its operators. Prior to accessing Other Sites or non-Foundation content via the Site, we urge you to familiarize yourself with the terms of use and privacy policy for each Other Site prior to using such Other Sites. FosterClub takes no responsibility for the compliance or non-compliance by any Other Site with any privacy or other law.

DISCLAIMER
THE USE OF THIS SITE IS AT THE USER’S SOLE RISK. THE SITE AND ALL MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE SITE OR THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS OR FUNCTIONS ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless FosterClub, its affiliates and their respective officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site, your violation of the Terms of Use or any Content you post or any posting by any other person using your Account of any objectionable material.

MODIFICATIONS TO THE SITE
FosterClub reserves the right to modify or discontinue the Site, or any part thereof, temporarily or permanently, with or without notice to Users. We are not obligated to support or update the Site. Users acknowledge and agree that FosterClub will not be liable to Users or any third party in the event that FosterClub modifies or discontinues the Site.

TERMINATION
The Terms of Use are effective until terminated by either you or us. You can terminate the Terms of Use at any time by discontinuing use of the Site. We may immediately terminate the Terms of Use as applied to you (including your access to the Site) without cause and without notice in our sole discretion. Upon termination by either you or FosterClub, you must stop using the Site.

APPLICABLE LAWS
The Terms of Use will be governed by the substantive and procedural laws of the State of Oregon and the United States, without regard to the conflict of laws provisions thereof.

AMENDMENT
FosterClub reserves the right to revise, modify, add or delete portions of the Terms of Use at any time. We will provide notice of any material change to the Terms of Use by posting a “New Terms of Use” (or similar formulation) link on this page of the Site.

MISCELLANEOUS
Neither you nor FosterClub will be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Site. You may not sell, trade, lease, assign or otherwise transfer your rights hereunder to any third party. The Terms of Use do not create rights enforceable by third parties. FosterClub may assign its rights and duties under the Terms of Use without such assignment being considered a change to the Terms of Use and without notice to you. The Terms of Use are severable. In the event that any provision is determined to be unenforceable or invalid, such provision will still be enforced to the fullest extent permitted by applicable law and such determination will not affect the validity and enforceability of any other remaining provisions. If FosterClub fails to enforce any provision of the Terms of Use, it will not constitute a waiver of such provision. The Terms of Use will inure to the benefit of FosterClub’s successors, assignees and licensees. The Terms of Use and the Projects Privacy Policy and any modification by FosterClub to either or both of the foregoing, constitute the entire understanding between FosterClub regarding your access to, license and use of the Site and they supersede any prior agreement, statement or representation with respect to the same. The headings of the sections of the Terms of Use were added for convenience and are not to be deemed a part of the Terms of Use.

LANGUAGE
The parties confirm that the Terms of Use and all related documentation will be drafted in English.

QUESTIONS ABOUT THE TERMS OF USE
FosterClub welcomes your comments or questions. Please contact us via email by clicking on Contact Us or by sending a letter to: FosterClub 810 Broadway Street #203, Seaside, OR 97138.

LAST UPDATED: May 23rd, 2017