Terms of Service

Welcome to Friends of The Petaluma River ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, services, and educational programs. By accessing or using our services, you agree to be bound by these Terms. Please read them carefully.

Friends of The Petaluma River is a charitable organization dedicated to providing scholarships, student financial aid services, and educational support to deserving students. Our mission is to empower individuals through education and create opportunities for academic excellence and personal growth.

1. Acceptance of Terms

By accessing our website at https://friendsofpetaluma.com, submitting an application for scholarships or financial aid, participating in our programs, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy.

If you do not agree with any part of these Terms, you must not use our website or services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on our website. Your continued use of our services after any such changes constitutes your acceptance of the new Terms.

These Terms apply to all visitors, users, applicants, scholarship recipients, donors, and others who access or use our services, whether as registered users or casual visitors to our website.

2. Eligibility and User Accounts

2.1 Eligibility Requirements

To apply for scholarships or financial aid through Friends of The Petaluma River, you must meet certain eligibility criteria. Generally, applicants must be enrolled or planning to enroll in an accredited educational institution, demonstrate financial need or academic merit as specified in individual program requirements, and provide accurate and complete information in all application materials.

You must be at least 13 years of age to use our services. If you are under 18 years of age, you represent that you have obtained permission from your parent or legal guardian to use our services and that they have agreed to these Terms on your behalf.

2.2 Account Registration and Security

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms and may result in immediate termination of your account and disqualification from our programs.

You are responsible for safeguarding the password that you use to access our services and for any activities or actions under your password. You agree not to disclose your password to any third party and to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

3. Scholarship and Financial Aid Services

3.1 Application Process

All scholarship and financial aid applications must be submitted through our official channels as specified on our website or in program materials. Applications must be complete, accurate, and submitted by the stated deadlines. Late, incomplete, or inaccurate applications may be rejected at our sole discretion.

By submitting an application, you authorize us to verify the information provided, contact references, review academic records, and conduct any other due diligence necessary to evaluate your application. You agree to provide any additional documentation or information we may request in a timely manner.

3.2 Selection and Award Process

Scholarship and financial aid recipients are selected based on criteria established for each specific program, which may include academic achievement, financial need, community involvement, leadership potential, and other factors. Selection decisions are made by our review committees and are final and binding.

We reserve the right to modify award amounts, defer awards, or decline to make awards if circumstances warrant. Awards are subject to availability of funds and compliance with all program requirements. Recipients must maintain eligibility requirements throughout the award period, including maintaining satisfactory academic progress and adhering to the terms of their specific award agreement.

3.3 Disbursement and Use of Funds

Scholarship and financial aid funds are typically disbursed directly to the recipient's educational institution or as otherwise specified in the award agreement. Recipients must use funds solely for qualified educational expenses, including tuition, fees, books, supplies, and other costs directly related to their education.

Misuse of funds, failure to maintain eligibility requirements, or violation of these Terms may result in immediate termination of the award and requirement to repay funds already disbursed. Recipients agree to provide documentation of educational expenses and academic progress as requested.

4. User Conduct and Prohibited Activities

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to engage in any of the following prohibited activities:

Violation of these prohibited activities may result in immediate termination of your access to our services, disqualification from current and future programs, legal action, and reporting to appropriate authorities. We reserve the right to investigate any suspected violations and to cooperate with law enforcement agencies in prosecuting users who violate these Terms.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The content, features, and functionality of our website and services, including but not limited to text, graphics, logos, images, software, and the compilation thereof, are owned by Friends of The Petaluma River or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks, service marks, and logos used and displayed on our website are registered and unregistered trademarks of Friends of The Petaluma River. You may not use these marks without our prior written permission. All other trademarks, service marks, and logos used on our website are the property of their respective owners.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and services for personal, non-commercial purposes in accordance with these Terms. This license does not include any right to: (a) resell or make commercial use of our services or content; (b) modify, reproduce, distribute, or create derivative works based on our services or content; (c) download or copy account information for the benefit of another party; or (d) use data mining, robots, or similar data gathering and extraction tools.

5.3 User-Generated Content

By submitting content to us, including application materials, essays, testimonials, or other communications, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media for purposes related to our charitable mission and operations.

You represent and warrant that you own or have the necessary rights to submit such content and that the content does not violate any third-party rights or applicable laws. We reserve the right to remove any content that violates these Terms or that we deem inappropriate for any reason.

6. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

We implement reasonable security measures to protect your personal information from unauthorized access, use, or disclosure. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security of your information.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

7. Disclaimers and Limitations of Liability

7.1 Service Availability

Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We make no warranties regarding the accuracy, reliability, or completeness of any content or information provided through our services.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without notice or liability. We may also impose limits on certain features or restrict access to parts or all of our services without notice or liability.

7.2 Limitation of Liability

To the fullest extent permitted by applicable law, Friends of The Petaluma River, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use our services; (b) any conduct or content of any third party on our services; (c) any content obtained from our services; or (d) unauthorized access, use, or alteration of your transmissions or content.

In no event shall our aggregate liability for all claims relating to our services exceed the amount you paid us, if any, in the twelve months preceding the claim, or one hundred dollars ($100), whichever is greater.

7.3 Educational Outcomes

While we strive to support students in achieving their educational goals, we make no guarantees regarding educational outcomes, admission to educational institutions, academic success, career advancement, or any other results from participation in our programs or receipt of our scholarships and financial aid.

8. Indemnification

You agree to defend, indemnify, and hold harmless Friends of The Petaluma River, its officers, directors, employees, agents, affiliates, and partners from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to our services; (b) your violation of these Terms; (c) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (d) any claim that your content caused damage to a third party.

This indemnification obligation will survive the termination of these Terms and your use of our services. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

9. Third-Party Links and Services

Our website may contain links to third-party websites, services, or resources that are not owned or controlled by Friends of The Petaluma River. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit. The inclusion of any link does not imply our endorsement of the linked site or service.

10. Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use our services will immediately cease.

You may terminate your account at any time by contacting us at contact@friendsofpetaluma.com. However, termination of your account does not relieve you of any obligations incurred prior to termination, including any scholarship or financial aid agreements.

All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

11.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration in accordance with the rules of the American Arbitration Association.

The arbitration shall be conducted in Petaluma, California, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

11.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and Friends of The Petaluma River individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

12. Changes to Terms of Service

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using our services and may terminate your account.

We encourage you to review these Terms periodically to stay informed of any updates. The date of the most recent revision will be indicated at the top of this page.

13. Severability and Waiver

13.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

13.2 Waiver

No waiver by Friends of The Petaluma River of any term or condition set forth 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. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on our website, constitute the entire agreement between you and Friends of The Petaluma River regarding your use of our services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

These Terms do not create any third-party beneficiary rights. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.

15. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, please contact us using the information below. We are committed to addressing your inquiries promptly and professionally.

For general inquiries about our services, scholarship programs, or to learn more about how we can support your educational journey, please visit our Contact Page or explore our Services.