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Agreement to Terms of Use

These Terms of Use (“Terms of Use”) apply to the AFS-USA, Inc. (“AFS”) website located at www.afsusa.org, and all associated sites, including social-media pages, linked to www.afsusa.org by AFS and its affiliates, as well as any AFS mobile sites, applications and features on websites and mobile sites (collectively “the Site”). The Site is owned by AFS and access to and use of the Site is subject to these Terms of Use and all applicable laws.

The terms “we”, “us”, “our”, “AFS”, “AFS Intercultural Programs USA”, “AFS Exchange Student Program” "AFS Student Exchange”, and “AFS Exchange Program” refer to AFS-USA, Inc., a not-for-profit corporation organized under the laws of the State of Illinois, and our affiliates, including but not limited to AFS Intercultural Programs, Inc. (“AFS International”) and AFS organization in other countries.

Please note that, as part of your interaction with and use of the Site, you may encounter links or be directed to and may use websites maintained and operated by AFS International, which are governed by AFS International’s "Global Online Privacy Policy" Please carefully review AFS International’s “Global Terms of Use,” which is incorporated by reference herein, before deciding whether to access and use the Site. The term “you”, “user” or “users” refers to the viewer/s of the Site visiting or utilizing the Site or contributing content on the Site.

By accessing, using, or browsing the Site, you agree to be bound by these Terms of Use and accept, without limitation or qualification, these Terms of Use and all terms, policies, guidelines, or other notices incorporated herein by reference. If you do not agree to these Terms of Use, do not use or access the Site.

By using the Site, you represent and warrant that you are over the age of 13 (or for non-U.S. users, such older minimum age as may be required by applicable local law) and are lawfully able to accept these Terms of Use. If you are under the required age, you may still use some features of the Site (subject to applicable local non-U.S. law), but only if you have received your parent’s or legal guardian’s consent and the account you are using was created and registered by your parent or legal guardian.

These Terms of Use govern your use of this Site and do not alter in any way the terms or conditions of any other agreement you may have with AFS. Any additional terms that govern certain services and products will be presented in conjunction with those services and products.

Use of the Site and User Representations and Warranties

When submitting any User Content or using the User Forums, you must:

· Comply with all applicable laws and these Terms of Use;

· Be respectful—do not insult, threaten, harass, or abuse; do not use profanity or obscene language. Hate speech or discrimination of any kind is grounds for immediate suspension of access to the Site;

· Protect yourself—do not reveal personal/confidential or proprietary information







You may NOT submit, upload, or post to the Site or User Forums any User Content that:

· Violates a person’s or entities’ rights, including copyright, trademark or patent rights, or other proprietary rights;

· Contains music, photographs, art or images that you do not own or have permission to use;

· Contains the name, trademark, trade name, service mark, or logo of another party;

· Contains the voice, likeness, or image of any person, firm, or enterprise for which you do not have permission to post; or libels, defames or invades the privacy rights of any person;

· Falsifies or deletes author attributions, legal notices, or other proprietary designations;

· Contains viruses, corrupted files, or other materials that may cause damage to another's computer;

· Advertises or otherwise solicits funds, or promotes or offers for sale or trade any goods or services, except in areas of the Site specifically designated; Interferes with any third party’s use of this Site; Is or contains political campaigning, junk mail, spam, repetitive messaging chain letters, pyramid schemes, or solicitations; Is inaccurate, false, misleading, or fraudulent; and

· Contains any contact information or private information of any third party.

In using the Site or User Forums, you may NOT:

· Violate any law or advocate the performance of any illegal activity;

· Collect contact information of other Users of the Site by electronic or other means for any purpose whatsoever, including, but not limited to, sending unsolicited e-mails or other unsolicited communications;

· Use or attempt to use another User’s account or password;

· Impersonate any person or entity, or otherwise misrepresent yourself, your age, or your affiliation with AFS or any other person or entity;

· Solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes;

· Upload or transmit viruses or other harmful files, materials, or code;

· Impose a large load on the infrastructure of the Site or any systems or networks connected to the Site; and/or

· Interfere with, attempt to interfere with or otherwise harm or violate the proper working of the Site or the security of the Site, or any services, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site.

Any use of the User Forums or the Site in violation of the foregoing, violates these Terms of Use and may result, among other actions, in termination or suspension of your rights to use the User Forums and/or the Site. Any decision as to whether User Content violates these Terms of Use or AFS’s posting rules will be made in AFS’s sole discretion.

Each time you post or upload User Content, you confirm your acceptance of and agreement to be bound by these Terms of Use and the other terms that also govern and apply to your use of

the Site, as they are incorporated herein by reference. You are solely responsible for User Content that you post or provide on the Site and on third-party social networking websites in which AFS maintains a profile.

By posting any content on the Site and/or User Forums, you agree to indemnify AFS from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorneys’ fees, resulting from your breach of these Terms of Use and those terms incorporated herein and the below posting restrictions.

By placing, submitting, displaying, transmitting, and/or posting User Content on or through the Site or Services, you represent and warrant that:

· You own all of the rights to User Content that you post or otherwise have all necessary rights to post such User Content and grant AFS the rights set forth in these Terms of Use to use such User Content;

· User Content and other materials submitted by you does not violate or infringe upon the rights of any third party, including, but not limited to, copyright, trademark, privacy, or other personal or proprietary rights;

· User Content will not cause injury to any person or entity and does not contain libelous or otherwise unlawful material;

· Use and posting of User Content and other materials does not violate these Terms of Use.

Site Content

Unless otherwise indicated, all of the content, information design, text, articles, graphics, public service announcements, illustrations, photographs, images, data, video, moving images, sounds, audio, music, software, applications, artwork, user interfaces, trademarks, logos, computer code, features, promotions and forums contained or displayed on this Site and any products and services (collectively “Site Content”), including, but not limited to, the design, structure, expression, “look and feel,” selection and arrangement of such Site Content is owned and/or controlled by AFS, its licensors, or third-party partners, or used herein with permission and is legally protected, without limitation, under U.S. federal and state, and foreign, laws, regulations, and treaties, including copyright, trademark, patent, moral rights, trade dress, and other laws relating to the protection of intellectual property and unfair competition.

Except as otherwise set forth in these Terms of Use, a User of this Site may download or print a single copy of any applicable Site Content for personal, noncommercial informational use, provided the User does not a) remove any trademark, copyright, or other notice contained therein and b) copy or post such Content on any networked computer. No use of Site Content in a publication or for commercial purposes is permitted without the prior written permission of AFS. Except as expressly authorized by AFS, you may not distribute, sell, lease, perform, display, sublicense, modify or prepare derivative works of the Site Content, in whole or in part. AFS reserves all rights not expressly granted to you under these Terms. Any use of the Site not expressly permitted by these Terms will be deemed a breach of these Terms and may violate copyright, trademark, and other laws.





User Accounts

You may be required to set up an account to use the Site or portions thereof. If you are required to set up an account, you agree to provide accurate, current, and complete information about yourself as required, to maintain and update such information, and to be fully responsible for all use of your account and for any actions or activities that take place using your account. You are responsible for maintaining the confidentiality of the information associated with your account, including any passwords. You agree to notify AFS immediately of any unauthorized use of your account or password. Any fraudulent, abusive or otherwise illegal activity on this Site by you may be grounds for termination of your account or rights to use this Site, at AFS’s sole discretion, and we may refer you to appropriate law enforcement agencies.



User Content and User Forums

By placing, submitting, displaying, transmitting, or posting material or content on the Site, including, but not limited to, text, messages, comments, data, music, audio, photographs, images, graphics, animations, designs, ideas, video, sound recordings, other audio-visual content, code, or other material (collectively, “User Content”), you acknowledge that while AFS is not obligated to prescreen, review, monitor, or edit User Content, AFS reserves the right to delete, remove, modify, move, block or refuse without any notice to you or your permission any User Content for any reason. The term “User Content" also includes, without limitation, and refers to all of the information you submit or we may receive related to your account. “Post” and “posting” means, including, but not limited to, to upload, post, transmit, share, store, link or otherwise make available on or through the Site.

You own the User Content and the information you provide to AFS under these Terms of Use, and may request its deletion at any time, unless you have shared User Content or information with others and they have not deleted it, or it was copied or stored by other users.

AFS does not guarantee the accuracy, integrity, or quality of User Content and takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by users or any third party, or for any loss or damage thereto, including on any third-party social networking websites in which AFS maintains a profile. Nor is AFS responsible or liable for any mistakes, defamation, slander, libel, omissions, obscenity, or pornography that is committed or uploaded on the Site, or third-party social networking websites in which AFS maintains a profile, or that user may encounter.

This Site may include social-networking tools, discussion forums, blogs, bulletin boards, message boards, other interactive areas or services, or other areas or services in which you can post messages, comments, materials, photos, information, updates, opportunities, recommendations, etc. (collectively, “User Forums”).

Users should be aware that the ideas you post and information you share may be seen and used by others. To protect your safety, privacy and intellectual property, please consider that when you voluntarily disclose personal information and ideas on the User Forums, that information can be collected and used by others. AFS is not responsible for another person or entity’s misuse or misappropriation of any content, ideas or information you post on the Site or in User Forums.

The information and opinions expressed in any User Content or on any third-party social networking websites in which AFS maintains a profile or in the User Forums are not those of AFS or its affiliates or subsidiaries. AFS makes no claim that User Forums or User Content is appropriate for any particular purpose or audience and no representations or warranties regarding such posted materials. AFS reserves the right to moderate the User Forums, AFS is not responsible in any manner for any of the content that users post. All User Content is the sole responsibility of the person who provided it. You are entirely responsible for your use of any User Forums and use the User Forums at your own risk.

Users Grant License to Content

You grant to AFS a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, and sublicensable license to the User Content and any information you provide AFS, indirectly or directly, including without limitation the rights of AFS to use, copy, reproduce, distribute, modify, adapt (including without limitation the rights to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), publish, reformat, display, perform, broadcast, transmit, exhibit, excerpt, translate, host, cache, index, encode, tag, archive, store, create derivative works from, and otherwise exploit all or portions of the User Content you post, upload, incorporate, or make available on this Site, User Forums, and any website owned by AFS, including any User Content posted on or to the Site or Services through a third party, in any form, format, medium, or technology now known or later developed for any purpose, including advertising and promotion without accounting, notification, credit, or other obligation to you, and the right to license and sublicense and authorize others to exercise any of the rights granted hereunder to AFS, in AFS’s sole discretion. You automatically waive all "moral rights" with respect to the posted User Content in perpetuity. You grant AFS the right to use any material, information, ideas, concepts, knowhow, or techniques contained in any User Content you provide or otherwise submit to AFS for any purpose whatsoever, including but not limited to, commercial purposes and developing manufacturing and marketing commercial products using such information. You will not be entitled to any compensation for any of the rights you grant to AFS in and to User Content or in this paragraph. You authorize AFS to use your name, likeness, and any other personal or biographical information in connection with use of the User Content you provide. You agree that AFS may use or disclose information about you or your use of this Site, including User Content, to comply with laws and requests by governmental or regulatory agencies, to protect and/or defend AFS’s rights or property, or to protect the safety of AFS, AFS’s employees and membership, or the public.

Idea Submissions by Users

AFS welcomes your feedback, but we ask that you do not include any ideas or information of confidential or proprietary nature in your feedback nor submit any unsolicited ideas and original creative works in any form (collectively, “Ideas”) to AFS through the Site. If you do submit Ideas, you understand and agree to the following which will apply to your submissions: AFS is not under any obligation of confidentiality, express or implied; AFS may have similar ideas already under consideration or in development; and AFS may use or exploit your Ideas without any compensation or reimbursement to you.

Third-Party Websites and Content

Users may link to the Site. Links may resolve to the home page, www.afsusa.org, or to specific pages within the Site. Direct linking to individual files (i.e., images, multimedia files, etc.) is not permitted. You may not use any AFS trademark or other proprietary AFS content, or Site Content to link to this Site. Links to the Site should not assert or imply an endorsement by or affiliation with AFS. This Site may contain links to third-party websites. Such links may include advertisers and social networking websites in which AFS maintains a profile (“Linked Site”). AFS makes no claim or representations regarding and accepts no responsibility directly or indirectly for the security, quality, content, nature, or reliability of any Linked Site. The Linked Sites are not under the control of AFS, and AFS is not responsible for and does not endorse the content of any Linked Site. AFS is providing these links to you only as a convenience. You should review any terms and policies of any Linked Site before interacting with the Linked Site.

This Site may contain facts, advice, reviews, opinions, statements, advertisements and recommendations of third-party individuals and organizations (collectively, “Third-Party Materials”). AFS is not responsible for or does not endorse the parties posting the Third-Party Materials or the accuracy, availability, timeliness, or reliability of any of the Third-Party Materials. Any reliance upon any Third-Party Materials is at your sole risk.

Privacy Rights

AFS is committed to protecting your privacy. AFS-USA Privacy Policy applies to use of this Site, and its terms are incorporated into these Terms of Use by reference. Please carefully review AFS’s Privacy Policy before deciding whether to access and use the Site. AFS’s Privacy Policy lays out in detail our policy regarding the use, processing, transfer and storage of your information and any personal information about others that you provide. By using the Site, you agree to the terms and practices of AFS’s Privacy Policy. You also acknowledge that your submission of personal information about you or others, as well as data, photos, videos, statements or other content is done so voluntarily and with the consent of any applicable third parties. Further, by using this Site, you acknowledge and agree that any messages or information you post or send to this Site may be read or intercepted by others, as the Internet is never completely private or secure.

Contests and Promotions

AFS may conduct promotions on or through the Site, including, without limitation, auctions, contests, promotions, and sweepstakes (collectively, “Promotions”). Promotions may have additional terms and rules that will be posted on the Site or otherwise made available to you and will be deemed incorporated into and form part of these Terms of Use. You agree to abide by such terms and rules, including representing that you are of a sufficient legal age to participate in any Promotions.

Business Transactions and Purchases

Your participation in any promotions, correspondence, or dealings, including business dealings with any third party found on or through the Site, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the third party and at your own risk. AFS is not responsible or liable for any part of any such dealings or promotions, including any loss, damage, or other matters of any sort.



Disclaimer and Limitations of Liability

The materials on this Site are provided solely for educational, humanitarian and promotional purposes. AFS does not warrant that the Site will meet your requirements or provide specific results, be uninterrupted, timely, secure, or error-free, that defects will be corrected or that the Site, or the server that makes it available, is free of viruses or other harmful components.

Use and browsing of this site and any linked sites is at your own risk. All content and materials on this site are provided “as is” without any warranty of any kind and is subject to change without notice. AFS makes no representation or warranties of any kind regarding the content, advertising, information, products, or services available on or through this site, and/or the suitability, reliability, availability, timeliness, lack of viruses or other harmful components, and accuracy of the information contained in this site for any purpose and/or the results that may be obtained from use of this site or such content or service. AFS hereby disclaims all warranties and conditions with regard to this site, including all statutory, express and implied warranties, including without limitation warranties and conditions of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement.

Except where prohibited by law, in no event shall AFS be liable for any direct, indirect, punitive incidental, special, or consequential damages or any damages whatsoever (including, but not limited to, damages for your use or your inability to use equipment or access data, your loss of data, loss of business, loss of revenue, loss of income, loss of contributions or profits, business interruption, or the like), whether based in contract, tort, negligence, or strict liability law, or otherwise, including without limitation any damages arising out of or in any way connected with your use or performance of this site, this Site Content, Linked Sites or third-party materials, with any delay or inability to use this site, or for any information, software, products, services, and related graphics obtained through this site, even if AFS or any of its suppliers has been advised of the possibility of damages. Your sole and exclusive remedy for any of the above claims or any dispute with AFS is to discontinue using the site.

Indemnification

You agree to defend, indemnify, and hold harmless AFS and its affiliates, including their respective directors, trustees, officers, committee members, employees, agents, contractors, subcontractors, and representatives (“AFS Indemnitees”) from and against all claims (including, claims of patent, trademark, and copyright infringement), demands, actions, damages, losses, costs, liabilities, expenses (including reasonable attorneys’ fees and other legal expenses), awards, fines, and judgments asserted against or recovered from AFS Indemnitees due to, arising out of or in connection with your use of the Site and any User Content you post.

You agree not to hold AFS liable in any way for injuries to persons or damages to property incurred or suffered by you or any of your agents, heirs, successors or assigns, or any person related to you in any way.

International Users

This Site is controlled, operated, and administered by AFS from its offices within the United States. You may not use this Site or export the Site Content in violation of U.S. export laws and regulations. If you access this Site from a location outside the United States, you are responsible for compliance with all applicable laws. Although the Site is accessible worldwide, AFS makes no claim that the Site and the Site Content may be accessed, used, or downloaded outside the United States or are appropriate for use or legal outside the United Sates. If the Site and Site Content are available outside the United States, your access, use, and download thereof and participation in any promotion is at your own risk.

Discontinuation of Service

AFS may change, suspend, interrupt, terminate operation or access to, or discontinue the Site or any portion of the Site at any time, without notice, including the availability of Site Content, User Forums and any other services. AFS may also impose limits on the Site or restrict your access to parts of or the entire Site and Site Content without notice or liability.

Change in the Terms of Use

AFS may change, add, modify or remove portions of these Terms of Use at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Use prior to each use of the Site. By continuing to use this Site, you agree to any changes in the Terms of Use.

Violation of the Terms of Use

AFS reserves the right, without notice and in its sole discretion, to terminate your access to the Site or block your access to the Site, if we determine that you have violated the Terms of Use or other agreements or terms which may be associated with your use of the Site.

In the event of termination of your use of this Site for any reason, you agree that the following provisions of these Terms of Use will survive: limitations on your use of Site Content, copyright complaints, the license(s) you have granted to AFS, warranties, disclaimers, indemnification, and limitation of liability. If AFS does take legal action against you as a result of your violation of these Terms of Use, you agree that AFS will be entitled to recover from you all reasonable fees and costs of such action, in addition to any other relief AFS may have at law or in equity.

Other Terms

The section titles used in these Terms of Use are for convenience and do not have any legal or contractual effect.

These Terms of Use and the AFS Privacy Policy incorporated by reference herein contain the complete agreement between you and AFS with respect to your use of this Site, and supersede all prior or contemporaneous agreements or understandings, whether oral or written.

Any failure or delay of AFS to enforce or exercise any provision of or its rights under these Terms of Use shall not be construed as a waiver of those rights or provisions or a breach of these Terms of Use by AFS.

If any provision of these Terms of Use shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of the Terms of Use will remain in full force and effect.

These Terms of Use may not be modified by you in writing or otherwise and any such offer for modification will be rejected.

These Terms of Use shall not be interpreted or construed to confer any rights or remedies on Users.

You agree that all matters relating to your access to or use of the Site, including all disputes, shall be governed and construed by and under the laws of the State of New York, without preference to its conflict-of-law provisions without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the State of New York or any other jurisdiction within or outside of the United States of America) that would cause the application of the laws of any jurisdiction other than those of the State of New York.

You hereby consent to the exclusive jurisdiction and venue of the state and federal courts sitting in the State of New York to resolve any disputes arising under these Terms of Use.