Effective Date: August 1, 2020

IF YOU ARE IN DANGER, CONSIDERING SUICIDE, OR NEED EMERGENCY HELP, CALL 911 (IN THE U.S.), OR YOUR LOCAL AUTHORITIES.

Terms of Use

This policy covers the use of the Greenline Chat, which can be reached through Www.TheKINDerFoundation.com and https://thekinderfoundation.com/greenline and the Discord platform.  Please read these Terms of Use and our Online Privacy Policy, which is incorporated herein by reference, carefully. By visiting our Sites, you agree to follow the rules set forth here. If we update our Terms of Use, we will post the updated Terms of Use here. Any such changes will be effective upon posting. You should consult the “Terms of Use” bar on this Site each time you visit our Sites.

If you do not agree with these Terms of Use, you should not use our Sites. If you have any questions or suggestions about these Terms of Use, please contact [email protected].  Alternatively, you can mail The KINDer Foundation (TKFND) at:

The KINDer Foundation

130 N La Grange Road

Suite 108

La Grange, IL 60525

 

1. Use of Our Sites and Content

All content included on our Sites, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, digital downloads, data compilations, and software, is the property of TKFND or its respective owner, and is protected by United States and international copyright laws.

TKFND acknowledges that users come to us carrying a wide range of emotions and are at different stages of growth or healing. Users of our Sites are asked to be respectful, thoughtful and civil in all communications with TKFND’s sex leaders and people of wisdom. TKFND does not tolerate harassment, bullying, discrimination, racism, sexism or aggression of any kind. Any TKFND Site users who violate these community standards, or who otherwise disrupt, interfere with or harass TKFND staff, may be restricted or barred from our services.

Trademarks: TKFND®, The Greenline, and A KINDer Guild® and other marks displayed on our Sites are trademarks of TKFND. All other trademarks displayed on our Sites not owned by TKFND are, to our knowledge, the property of their respective owners, who may or may not be affiliated with TKFND. You may not use these trademarks without prior written consent.

Your Content: We may collect information (other than your personally identifiable information, which is governed by the terms of our Privacy Policy or other content (“Content”) that you voluntarily provide, including reviews and ratings submitted in the KINDer Check section of our Sites. You retain ownership of any intellectual property rights that you hold in that Content. In short, what belongs to you stays yours.

When you provide Content to or through our Sites you give us and users of our Sites and such other websites and media platforms (now known or later developed) as we may designate (“Other Media”) an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. You agree that this license includes the right for us to make Content submitted to or through our Sites available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such Content on Other Media and services, subject to our terms and conditions for such Content use. Such additional uses by TKFND, or other companies, organizations or individuals who partner with TKFND, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through our Sites. Finally, you irrevocably waive, and cause to be waived, against TKFND and its users any claims and assertions of moral rights or attribution with respect to Content. If you do not want your Content shared with others, you should not submit it to us, nor should you submit Content that contains Personally Identifiable Information. Unless TKFND expressly states to the contrary, TKFND will not be required to treat any submission as confidential.

All Content including ratings provided through KINDer Check, program data, descriptions of prevention course, video excerpts, assertions about its effectiveness, and client lists, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We are not obligated to monitor or control the Content posted on our Sites, and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via our Sites or obtained by you through our Sites is at your own risk.

We reserve the right to monitor and edit any postings and to delete, remove, move, re-format, edit or reject any Content in our sole discretion, without prior notice or liability to you. If we determine, in our sole discretion and judgment, that any Content, including Ratings provided through KINDer Check, may violate these Terms of Use, in addition to our rights as described in these Terms of Use, we reserve the right, at any time and without limiting any and all other rights we may have to: (i) refuse to allow you to post; (ii) remove and delete Content; (iii) revoke your right to use our Sites; and/or (iv) use any technological, legal, operational or other means available to us to enforce the provisions of these Terms of Use, including, without limitation, blocking specific IP addresses or deactivating your registration on our Sites.

KINDer Check Rating Guidelines: KINDer Check ratings should only be posted by users who have completed a listed prevention course or training. For each course or training you complete, you may only post one rating or comment. All ratings must adhere to these guidelines:

DO:

  • Be honest and objective in your assessment of the prevention program.
  • Proofread your comments before submitting.
  • Remember that while negative comments that offer constructive criticism are useful, comments that insult a presenter on a personal level are not.

DO NOT:

  • Include any information that may identify you or other people.
  • State your opinion as fact.
  • Post a rating if you have not completed or supervised the implementation of the prevention course.
  • Post a rating if you have not enrolled and attended a class at, or are employed by, the specific college or university.
  • Post a rating if you or your family member are employed by the owner, creator or sponsor of the program being reviewed.
  • Speak on behalf of other people.
  • Post hyperlinks and/or URLs.

Copyright Policy: We respect the intellectual property rights of others and expect users of our Sites to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Send your notice to our designated contact, the KINDer Chats Administrator, at [email protected] or the address listed above.

TKFND respects the intellectual property rights of others and reserves the right, at its sole discretion, to block and/or terminate access to our Sites from those that infringe on the rights of others.

2. Linked Sites

Our Sites may link to or be linked from other sites that are not maintained by TKFND. TKFND does not endorse, and is not responsible for the content of, any site other than the Sites.  TKFND may receive money from affiliate links throughout the site which is stated in the header of every page.

3. Password and Security Notification

Certain areas of the Sites are password-protected. You may not attempt to access any password-protected areas of the Site without authorization. If you have been issued a password for the Site, you agree that we have granted you limited access to specific files pertaining to you, and you agree not to attempt to access other computer files. All information that we provide to users of the Sites supplying a password is confidential and intended solely for the information of its intended recipient. You are solely responsible for maintaining the confidentiality of your passwords, account information, user names, and/or security questions and answers for the Sites, and for logging off any protected areas of the Sites when you finish a session. Accordingly, you should protect the confidentiality of your password, and notify us immediately if you become aware of its unauthorized use. If you share your password with a third party, you assume all responsibility for all such party’s activity related to the Site.

4. Limitations of Liability

IN NO EVENT SHALL TKFND OR ITS AFFILIATES AND THEIR RESPECTIVE PARTNERS, EMPLOYEES, VOLUNTEERS, DONORS, AFFILIATES AND AGENTS (COLLECTIVELY “RELATED PERSONS”) BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES OR INJURIES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OR DISTRIBUTION OF OUR SITES AND THEIR CONTENTS, OR A SITE LINKED TO OUR SITES, INCLUDING ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER/DEVICE VIRUS, COMMUNICATION LINE FAILURE, OTHER COMPUTER/DEVICE MALFUNCTION, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION, OR ANY CONTENT OBTAINED THROUGH USE OF THE SITE. THIS IS TRUE EVEN IF TKFND OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Disclaimer: The material on our Sites may include technical inaccuracies or typographical errors. We may shut down our Sites and end these Terms of Use at any time. However, in the event of such a termination, the Limitations of Liability, Disclaimer, and Governing Law sections would continue to apply.

OUR SITES ARE PROVIDED BY TKFND ON AN “AS IS” AND “AS AVAILABLE” BASIS. TKFND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITES OR THE INFORMATION INCLUDED ON OUR SITES INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. INFORMATION AND ADVICE PROVIDED THROUGH OUR SITES IS NOT INTENDED AND SHALL NOT CONSTITUTE PROFESSIONAL COUNSELING. ONLINE SESSIONS MAY BE CONDUCTED BY STAFFERS (INCLUDING VOLUNTEERS) WHO ARE NOT PROFESSIONALS AND MAY NOT BE AUTHORIZED TO PROVIDE COUNSELING SERVICES IN CERTAIN STATES. ONLINE SESSIONS ARE NOT A SUBSTITUTE FOR PROFESSIONAL COUNSELING SERVICES. THE INFORMATION CONTAINED ON OUR SITES IS NOT INTENDED OR IMPLIED TO CONSTITUTE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IN ADDITION, NOTHING ON OUR SITES IS INTENDED TO CONSTITUTE LEGAL ADVICE.

If you need professional services or counseling, please call the National Sexual Assault Hotline at 800.656.4673 to discuss how to locate a legally-certified professional.

International Use

TKFND makes no claims that materials or services on our Sites are appropriate or may be downloaded for use in locations outside the United States. Access to the Sites from countries or territories where such access is illegal is prohibited. Furthermore, our databases are located in the United States. If you access this website from outside the United States, you do so at your own risk. By sending us your data, you consent to its transfer to and storage within the United States. Those who access our Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

Governing Law

You agree that your use of our Sites, these Terms of Use and any disputes relating thereto shall be governed in all respects by the laws of the District of Columbia. Any dispute relating to this Agreement shall be resolved solely in the courts located in the District of Columbia. Thank you for visiting Www.TheKINDerFoundation.com. Please contact TKFND at 630-373-5283, or [email protected], if you have any questions about our website or this Website User Agreement.

Privacy Policy

This Online Privacy Policy (the “Policy”) is intended to describe how the The KINDer Foundation (“TKFND”, “we” or “us” ) collects, uses and discloses information gathered at www.TheKINDerFoundation.com (“www.TheKINDerFoundation.com”) and the KINDer Chats with the Curious and Confused (the “KINDer Chats” and, together with Www.TheKINDerFoundation.com, the “Sites” or each a “Site”), which can be reached through Www.TheKINDerFoundation.comhttps://online.Www.TheKINDerFoundation.com, or other related sites of TKFND or its partners. By visiting the Sites, you agree to follow the terms and conditions of this Policy. TKFND may change these terms and conditions from time to time without prior notification, and such changes will be effective upon posting, so please consult this Policy each time you visit a Site. If you do not agree with it, you should not use the Sites.

Your privacy and security are very important to us. This Policy will help you understand what information we collect via the Sites, and how we use and disclose that information once we collect it. This Policy will tell you if we disclose that information to anyone, and what choices you have regarding how we use that information. Please note that this Policy applies only to the Sites, and not to the websites of any other organizations to which we may link or that may link to us.

If you have any questions or suggestions about these Terms of Use, please contact [email protected].  Alternatively, you can mail The KINDer Foundation (TKFND) at:

The KINDer Foundation

130 N La Grange Road

Suite 108

La Grange, IL 60525

 

  1. Information You Provide to Us

“Personally Identifiable Information” is information that could reasonably be used to identify you, such as your name or address.

General: In general, visitors may browse Www.TheKINDerFoundation.com without providing any Personally Identifiable Information. However, there are certain pages on Www.TheKINDerFoundation.com, such as donation pages and the KINDer Age Check, where we may request Personally Identifiable Information about you, including your name, address, phone number, e-mail address, or credit card number. TKFND may seek such information in order to register you as a supporter of TKFND, to collect your rating of a third-party service, to enable your making of a donation or purchasing merchandise, or to use certain parts of the Www.TheKINDerFoundation.com. Finally, we may use your e-mail address to send you updates or newsletters apprising you of recent events and developments relating to TKFND and its mission, or receipts for your charitable donations. Other than as set forth in this Policy, TKFND will not sell, trade or share a donor’s Personally Identifiable Information with anyone else, nor will we send donor mailings on behalf of another organization, unless you have given us explicit permission to do so; this Policy applies to all donations made by mail, via our Site, via employee withholding, or any other means.

Registration: In order to use some of the features of Www.TheKINDerFoundation.com, you will be asked to register with TKFND. The information you submit as part of the registration process is used to update and maintain our files. We collect and save such information so that you are not required to submit it every time you use a feature. When you register with us, you will be asked to provide your e-mail address and select a password. You will also be asked to provide certain other Personally Identifiable Information so that we may readily identify you. Our Sites are designed to process and maintain accurately the information that you share with us. You are invited to access our Sites 24 hours a day, 7 days a week, to change your profile information, and are encouraged to provide us with feedback.

KINDer Chats: We operate the KINDer Chats using a combination of trained staff, volunteers and contractors (collectively, “Trained Staff”). Our Trained Staff includes both individuals who provide you with one-to-one help in sessions, and hotline supervisors. At times, the Rape Crisis Center for Children & Adults (“RCCCA”) and (RAINN) also provide hotline supervisors to help monitor online sessions. Any information that you share during a KINDer Chats session will view anonymous profiles should you so choose.

THE KINDER CHATS IS INTENDED TO BE AN ANONYMOUS SERVICE AND YOU WILL NOT BE ASKED TO PROVIDE YOUR NAME, ADDRESS, TELEPHONE NUMBER, E-MAIL ADDRESS, OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION AT ANY TIME DURING YOUR USE OF THE KINDER CHATS. In fact, TKFND specifically requests, for your own safety and anonymity, that you do not provide any such Personally Identifiable Information when you use the KINDer Chats. In addition, the KINDer Chats does not capture any Personally Identifiable Information about you or your computer, before or during your use of the services.

The information conveyed by you to our Trained Staff during your KINDer Chats session is intended to be part of a private conversation between you and the applicable Trained Staff. These conversations may be recorded, stored, or saved. During this conversation you are not required to provide any information that you do not feel comfortable with. We use non-identifying information to improve our services and training based on user needs. We may share aggregate information (e.g., patterns and trends of topics discussed) with academic researchers and the public, to help them understand the needs of our country’s current sex education curriculum.

Further, in order to determine usage levels and average session length, and for other recordkeeping purposes, an entry will be made in a database containing the start and stop time of each session. The RCCCA and RAINN may also collect information for its own recordkeeping purposes. Such information will not identify you personally.

Please note, however, that some states require us by law to record and report information regarding the abuse of someone less than 18 years of age, or vulnerable or disabled adults, including persons over 60 years of age, or persons who are in danger of committing suicide. If you convey such circumstances, and provide information that could lead us to identify your name and location, we may have to record such information and provide it to the appropriate authorities.  *none of the exchange given is to be taken as personal medical advice.

If you provide feedback through an anonymous feedback survey following your session, that feedback may be shared with the Trained Staff assisting you, and with other personnel at TKFND. However, the feedback is voluntary and anonymous. We will not ask for your name or any Personally Identifiable Information, or attach any feedback to information that you provide during your KINDer Chats session.

  1. Information We Collect Through Technology

In addition to the above, Www.TheKINDerFoundation.com may also collect information, such as your computer’s IP address, through technical means. (An IP address is often associated with the portal through which you enter the Internet.) We automatically gather, or aggregate, certain usage information, such as the number and frequency of visitors to our Sites, length of stay, and other anonymous data, such as topics discussed and areas of importance to users. This data helps us determine usage levels on different parts of our Sites, and other useful statistics. We may use such information to analyze site usage for research, internal recordkeeping and service improvement purposes. In addition, we may aggregate such data and disclose it in a non-personally identifiable manner to donors, sponsors, supporters, and other third parties, to generate support for TKFND, its mission and its services, or as required by law. In these situations, we do not disclose any information that could be used to identify you personally.

Cookies and How We Use Them

In general, a “cookie” is a small piece of text data stored on a user’s computer by a website, in order to give that computer a unique identity to the website while performing certain processes, such as filling an online shopping cart and checking out or calculating the number of unique visitors at a given time. Cookies may contain personal information, like email addresses, usernames, or passwords, or completely anonymous information, like a randomly generated number. They may be deleted once a user leaves the site, leaves a section of the site, or closes the browser; or they may remain, so that the website “remembers” the user when he or she next visits.

Www.TheKINDerFoundation.com uses two session ID cookies. The first is used to measure the amount of overall traffic on our website; we use this data only in the aggregate, meaning no individual user can be identified from the data. This cookie is in no way linked to Personally Identifiable Information, and is deleted from the user’s computer when the user closes his or her browser. The second session ID cookie is only used when a user is making a donation, purchasing merchandise, completing a form, or posting a review. This cookie carries a user’s form entries from one page to another, and is deleted once the user leaves the relevant section of Www.TheKINDerFoundation.com (unless the user explicitly chooses to remember it for future visits). We do not use permanent cookies, which retain information past a user’s current visit.

  1. How We Use Personally Identifiable Information

We do not publish, sell, share, or rent information about you except as set forth in this Policy. We, our Trained Staff and the crisis services, may be required to disclose information to the government or third parties under certain circumstances. Such circumstances include (and you hereby authorize us to) disclosure of any information about you that we possess to law enforcement or other government officials as we, in our sole discretion, believe is necessary or appropriate, in connection with the investigation of a crime, mandatory reporting laws, fraud, intellectual property infringement, or other activity that is illegal, or may expose us, or you, to liability. Also, if we, or a member of our Trained Staff RAINN or RCCCA, fear that you are in danger of committing suicide, or are under 13 years old or over 60 years old, we may be required to disclose whatever information you have provided to the appropriate authorities.

Trained Staff are located across the United States, and may not be licensed in your state or trained in your state’s law. The laws of the Trained Staff’s state may apply to your communications with that Trained Staff. The Trained Staff’s state laws may not protect your communications to the same degree, or in the same way, as the laws of your state. For instance, your state might recognize a privilege to communications with the KINDer Chats — meaning that the state may allow you to keep such communications private — but the staff’s state might not recognize such a privilege. It is possible that a court of law will not keep private, and may require us to disclose, information that you provide during your KINDer Chats session. If you are concerned about this possibility, please use the telephone hotline instead, at 1.800.656.HOPE (4673); the Trained Staff or partner agency who answers your phone call will be able to provide you with further information regarding the privileged communication laws in your state.

Other Uses: We may use third party service providers to facilitate our services, including companies and individuals who perform functions on our behalf, such as website hosting, data analysis, contacting members of Congress, and providing customer service. We may provide your Personally Identifiable Information to such parties, however they will only have access to such Personally Identifiable Information needed to perform their functions; such parties may not use it for any other purpose and are obligated to protect the confidentiality of such Personally Identifiable Information.

We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), which uses cookies and tracking code to help analyze how visitors use our Site. The information collected (including what browser and operating system you are using, your IP address, the pages on our Site that you visit, your number of page views, and the time you spend on our Site) is transmitted to and stored by Google. Google uses this information for the purpose of evaluating visitors’ use of our Site in an aggregate manner, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may transfer this information to third parties where required to do so by law, or to third parties that process information on Google’s behalf. You can read Google’s privacy policy at http://www.google.com/intl/en/privacy.html

  1. How We Protect Your Security

TKFND stores all information on a secure server that is only accessible by TKFND employees or contractors, pursuant to the terms described above. Again, we do not store transcripts of communications over the KINDer Chats.

TKFND employs a variety of security measures and techniques to ensure that all personal information is protected from unauthorized access, both online and offline, including the use of Secure Sockets Layer (SSL) encryption.

SSL technology establishes an encrypted communication pipeline between your device and our servers to ensure the privacy, integrity, and security of information being exchanged. All pages on our website are made available through the use of SSL certificates. For technical details, click the lock icon in the address bar of your browser.

You should be aware, however, that “perfect security” does not exist anywhere on the Internet. ALTHOUGH WE BELIEVE WE TAKE APPROPRIATE MEASURES TO SAFEGUARD AGAINST UNAUTHORIZED DISCLOSURES OF INFORMATION, WE CANNOT ASSURE YOU THAT YOUR PERSONALLY IDENTIFIABLE INFORMATION OR COMMUNICATIONS WITH THE KINDER CHATS WILL NEVER BE DISCLOSED IN A MANNER INCONSISTENT WITH THIS POLICY, AND MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUFFICIENCY OF OUR SECURITY MEASURES.

Always be careful and responsible regarding your personal information. We are not responsible for, and cannot control, the use by others of any information which you provide or divulge to others, purposefully or inadvertently, including your e-mail address and password for Www.TheKINDerFoundation.com or the KINDer Chats. For more information on how to keep your computer safe, please read our User Safety Procedures.

While we may list and/or link to third-party websites, including non-profit and for-profit prevention programs and other services on our Sites, we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted on our Sites or endorse any opinions expressed via reviews on our Sites. Instead, any program data, descriptions of prevention courses, video excerpts, assertions about its effectiveness, and client lists or ratings are provided for you for evaluation purposes only when you make your own decisions about the identity and suitability of others whom you contact or interact with. We do not monitor or have any control over, and make no claim or representation regarding, third-party websites. You understand that by using our Sites, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Other Information Collectors: Except as otherwise expressly included in this Policy, this document addresses the collection, use and disclosure of information. If you disclose your information to others, different rules may apply to their use or disclosure of such information. We do not control the privacy policies of others. We encourage you to ask questions before you disclose your personal information to others.

  1. Limitations of Liability

IN NO EVENT SHALL TKFND OR ITS AFFILIATES AND THEIR RESPECTIVE PARTNERS, EMPLOYEES, VOLUNTEERS, DONORS, AFFILIATES AND AGENTS (COLLECTIVELY “RELATED PERSONS”) BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES OR INJURIES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OR DISTRIBUTION OF OUR SITES AND THEIR CONTENTS, OR A SITE LINKED TO OUR SITES, INCLUDING ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER/DEVICE VIRUS, COMMUNICATION LINE FAILURE, OTHER COMPUTER/DEVICE MALFUNCTION, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION, OR ANY CONTENT OBTAINED THROUGH USE OF THE SITE. THIS IS TRUE EVEN IF TKFND OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Disclaimer: The material on our Sites may include technical inaccuracies or typographical errors. We may shut down our Sites and end these Terms of Use at any time. However, in the event of such a termination, the Limitations of Liability, Disclaimer, and Governing Law sections would continue to apply.

OUR SITES ARE PROVIDED BY TKFND ON AN “AS IS” AND “AS AVAILABLE” BASIS. TKFND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITES OR THE INFORMATION INCLUDED ON OUR SITES INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. INFORMATION AND ADVICE PROVIDED THROUGH OUR SITES IS NOT INTENDED AND SHALL NOT CONSTITUTE PROFESSIONAL COUNSELING. ONLINE SESSIONS MAY BE CONDUCTED BY STAFFERS (INCLUDING VOLUNTEERS) WHO ARE NOT PROFESSIONALS AND MAY NOT BE AUTHORIZED TO PROVIDE COUNSELING SERVICES IN CERTAIN STATES. ONLINE SESSIONS ARE NOT A SUBSTITUTE FOR PROFESSIONAL COUNSELING SERVICES. THE INFORMATION CONTAINED ON OUR SITES IS NOT INTENDED OR IMPLIED TO CONSTITUTE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IN ADDITION, NOTHING ON OUR SITES IS INTENDED TO CONSTITUTE LEGAL ADVICE.

If you need professional services or counseling, please call the National Sexual Assault Hotline at 800.656.4673 to discuss how to locate a legally-certified professional in Your area.

  1. How to Review, Update or Delete Your Information and Opt-Out Procedures

When you register at Www.TheKINDerFoundation.com, we may send you e-mails or newsletters, to update you on events and developments pertinent to TKFND and our charitable goals. If you do not want to receive such e-mails, please email our Privacy Coordinator at [email protected] or at the address listed above and we will remove you from our lists. Note that donation and/or volunteer information will remain in TKFND’s databases. Please contact our Privacy Coordinator to obtain, change or update our records of your personal information.

  1. Our Policy Towards Children

We are concerned about the safety and privacy of children who use the Internet. Consistent with the Children’s Online Privacy Protection Act of 1998, we will never knowingly request Personally Identifiable Information from anyone under the age of 18.

  1. Do Not Track

TKFND does not track its visitors over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (“DNT”) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser allows you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked. You should consult the help pages of your browser to learn how to set your preferences so that websites do not track you.

  1. International Use

TKFND makes no claims that materials or services on our Sites are appropriate or may be downloaded for use in locations outside the United States. Access to the Sites from countries or territories where such access is illegal is prohibited. Furthermore, our databases are located in the United States. If you access this website from outside the United States, you do so at your own risk. By sending us your data, you consent to its transfer to and storage within the United States. Those who access our Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

  1. Governing Law

You agree that your use of our Sites, this Policy and any disputes relating thereto shall be governed in all respects by the laws of the District of Columbia. Any dispute relating to this Agreement shall be resolved solely in the courts located in the District of Columbia. You agree to waive trial by jury in any such action.

User Safety Procedures

Cache and History Cleaning and Erasing Cookies

Once you have finished your session with a KIND Leader it is important that you clean your cache and history and erase the cookies on your computer or mobile device so that people are not able to go onto your computer/device and check up on what you have been doing. The following is step-by-step directions on how to clean the cache and history. The directions are operating system and browser specific so make sure to pay attention to the relevant information for your computer/device.

IMPORTANT NOTE: If you have any reason to suspect that someone may be tracking your computer or mobile device usage, please think carefully about whether or not you will want to complete these privacy steps. If someone is tracking your usage, they may grow suspicious if all records of internet activity, call logs, etc. disappear.

What is the cache? The cache is an area of the hard disc where web pages are stored when a page is downloaded from the internet. It allows for recently viewed pages to be viewed more rapidly or even offline.

What is the history? The history is a list of the different URLs (or websites) you have visited. This is what fills in the URL line for you when you are returning to a website you have visited before. To see your history on a Mac, type Apple + Y. To see your history on a PC, type Control + H.

What are cookies? Cookies are storage files that collect personal information that you have provided to particular vendors on the internet (e.g., your name, address, phone number, things you have ordered, etc.). Only information you have provided is stored and cookies are used to speed up the interactive process when you are online with a vendor. For instance, when you go to Amazon.com you may notice that the advertisements seem to be relevant to your interests, that is because your reading and music preferences are stored in cookies, so that the web page can advertise specific deals that fit your taste.

Clearing Cache and History

The steps for clearing Cache and History are browser-specific. Choose your browser to learn more about clearing cache and history.

  • Chrome Desktop
  • Chrome for iOS and Android
  • Firefox Desktop
  • Firefox for Android
  • Firefox for iOS
  • Internet Explorer
  • Opera
  • Safari: From the menu bar click Safari. Choose Preferences. Click on the Privacy tab. Click Remove All Website Data.… Click Remove Now.
  • Safari (iOS): Go to Settings > Safari. Scroll to the bottom and choose Clear History and Website Data. Confirm you want to do this by tapping Clear History and Data of Safari.

Protecting Yourself from Keystroke Logging

Keystroke logging is when someone has installed hardware or software onto your computer/device that tracks all typing that you do. This means that they can trace everything you do on your computer/device from what you type to tracking down usernames and passwords. For obvious reasons this is a dangerous and aggressive form of tracking and can be a difficult thing to trace. For more information on how to see if you have keystroke logging, and what possible options are for removal visit the following article: How To Find Out If You Have A Keylogger Installed On Your Computer.

© TKFND 2017