



Terms of use & Privacy Policy







The website www.10thmountainfoundation.org is associated with the 10th Mountain Division Foundation, a charitable 5019c)3 foundation existing under the laws of Colorado. These Terms of Use (“Terms”) are an agreement between the Foundation and you and govern your use of the Site (as defined below) and all information on or submitted through it.
You understand that your use of the site, registration on the site constitutes your agreement to these Terms, including but not limited to the Foundation’s Privacy & Cookies Notice (the “Privacy Notice”) as amended from time to time.
Do not use the Site if you do not agree to the Terms or if your jurisdiction will not honor them.
Table of Contents
The Site contains a variety of information, including (without limitation) information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, that you upload, post or otherwise provide in connection with the Site (“Content”). Much of the Content on the Site is not available for downloading, such as our copyrighted works that we do not distribute or works of others that we are not permitted to distribute. However, we also may have Content that if so designated may be downloaded by you pursuant to these Terms (“Available Content”). YOU MAY REVIEW, DOWNLOAD, COPY, DISTRIBUTE AND USE THE AVAILABLE CONTENT SOLELY FOR THE PURPOSE OF FURTHERING YOUR MISSION IN THE ORDINARY COURSE OF YOUR GOVERNMENTAL OR CHARITABLE PURPOSE AND ATTENDANT OPERATIONS. YOU MAY NOT SELL THE AVAILABLE CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE. YOU WILL NOT USE OR DISCLOSE IT OR THE SITE TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS.
This Site is controlled by us from our offices within the United States of America. If you choose to access this Site from locations outside the U.S. you do so at your own risk and you are responsible for compliance with any local laws. You may not use or export anything (including information) from the Site in violation of U.S. export laws, regulations or the Terms.
For some areas of the Site, you may have to complete a registration process or create a profile for use in applying for something (e.g., a job or a grant). Completion of the process will usually create an account with a user name and password or other identifier which you agree to guard as confidential information—if you are careless with it, others may be able to access the information. You agree to provide accurate, current and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or the Foundation has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, the Foundation may suspend or terminate your access, application, grant or participation in a program, in addition to exercising all rights and remedies allowed by law.
You agree that all uses of the identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates, and other third parties with whom we work in order to provide the Site, Content, services or pursue our mission (including but not limited to our and their respective affiliates, officers, employees and agents) (collectively “Third Parties”), as being a use made by you, even if someone else used your identifier.
3A. User Generated Content — Your Responsibility and License to Others. Sometimes you may wish to provide Content, such as by uploading a video or information, or submitting comments in a chat room. When you provide Content, you:
represent and warrant that the Content is (a) wholly your original work, or (b) that you have all necessary right, title, interest and licenses to upload it and make it available to the Foundation and other users for download, distribution and use under these Terms without (i) violation (by you, us, Third Parties, users or anyone else) of any applicable license, restriction or law, or (ii) a potentially adverse consequence to us, Third Parties, users or anyone else that you have not conspicuously disclosed in the Content. As used here, “adverse consequence,” means a restriction governing the Content which could be triggered if we or others exercise a right under the license you grant below and which imposes an obligation, liability or impairment of rights on us or others that was not conspicuously disclosed by you before exercise of a right. To disclose an adverse action, you agree to conspicuously place on or in the Content notice that adverse actions can result and that you may be contacted at the email address and telephone number in the notice to obtain your full disclosure of applicable licenses and restrictions applicable to the Content;
grant the Foundation, its affiliates, Third Parties sub-licensees and successors and assigns, and each Site user who downloads the Content under these Terms, a perpetual, nonexclusive, worldwide, royalty-free, fully paid up, irrevocable license to (i) use, copy, distribute, modify and create derivative works from the Content; (ii) publicly perform or display, license and distribute copies of the Content, modified Content and derivative works of the Content; and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, as necessary or advisable (as determine by the Foundation or other licensed person in its sole discretion) to allow the Foundation or other licensed person to fulfill its charitable or governmental mission, to further its related operations, and to create, advertise, operate and manage the Site.
In addition to the rights above, you acknowledge and agree that we may keep Content indefinitely and disclose it for any purpose, including but not limited to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) without undertaking a duty to do so, protect the rights, property, or personal safety of the Foundation, its users and the public.
You agree not to upload, post or otherwise transmit through the Site any Content or any other materials whatsoever that are or could appear to:
(i) be defamatory, obscene, invasive to another person’s privacy or protected data, or tortious; (ii) be infringing upon anyone’s intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity; (iii) contain any software viruses or any other harmful computer code, files, or programs, including any designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and (iv) in violation of any applicable license, law or contractual or fiduciary duty or provision (including by exercise of the rights you grant to the Foundation above).
The Foundation anticipates that substantial Content or even assistance will be made available to you and others through the Site or otherwise. Content may be outdated or contain typographical errors, inaccuracies, omissions, or problematic or defective functionality, and assistance (such as Foundation help with a report you are obligated to make) will need your review. YOU AGREE NOT TO RELY ON CONTENT OR ASSISTANCE AND TO DETERMINE ALL RELEVANT FACTORS ON YOUR OWN, INCLUDING (WITHOUT LIMITATION) ACCURACY, FUNCTIONALITY, QUALITY, RELIABILITY AND OTHER RELEVANT FACTORS. We reserve the right to monitor and exercise all other rights of ours, and also to modify or remove any Content or assistance at any time, but do not undertake any duty to do so.
Any opinions, advice, statements, assistance, services, offers, or information expressed or made available by third parties, including users, are those of the respective author(s) or distributor(s) and not of the Foundation.
3B. Site Activities. The Site is provided as is and when available, and we may change all Content, functionality and services in our discretion at any time. We may also do this for particular activities even if you have started to participate. For example, we can change a job or grant description at any time even if you have already applied, and not all jobs or grants may be posted at all or on the Site – we use various methods for pursuing our mission and they are not limited to the Site. Also, we or Third Parties might make a mistake and we reserve the right to correct anything, including but not limited to Content or assistance on the Site. For example, we may correct, change, withdraw or do anything else with a job or grant description even if you have already taken action based on it.
Each time you return to the Site, you are responsible for checking the effective date of the then posted version of these Terms—if it is later than the date of the version last reviewed, the Terms have been changed and the new version should be reviewed before using the Site. USE OF THE SITE AFTER THE EFFECTIVE DATE WILL CONSTITUTE YOUR CONSENT TO THE AMENDMENTS, SO IF YOU DO NOT WANT TO BE BOUND BY AN AMENDED VERSION, DO NOT USE THE SITE AND CEASE ALL USE OF THE CONTENT OR SERVICES.
Notice: No Harvesting or Dictionary Attacks Allowed. The Foundation will not give, sell, or otherwise transfer addresses maintained by it to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by law or appropriate Foundation personnel or policies. Except for parties authorized to have such addresses, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. “CAN-SPAM Act of 2003”) that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.
Notice Regarding Trademarks. The trademarks used in the Site are owned by (1) the Foundation or (2) their respective trademark owners, and are either trademarks or registered trademarks of the Foundation. The names of actual companies and products mentioned in the Site may be the trademarks of their respective owners. You may not use any of the above or other trademarks displayed on this Site or in any Content. All rights are reserved.
Notice Regarding Copyright ownership: Copyright 2020 the 10th Mountain Division Foundation and/or its affiliates and suppliers. All rights reserved.
All Services provided on the Site and any services or Content provided on any related site owned, operated, licensed or controlled by the Foundation or any of its units or affiliated entities (collectively, “Group”), are subject to intellectual property rights, contractual and other protections. The intellectual property rights are owned by the Foundation or others in the Group or their licensors (which may include you). Except for Available Content or Content that you own, no Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of the Terms or with the prior non-electronic consent of the Foundation or its designee. Modification or use of the Available Content for any other purpose may violate intellectual property rights. No title to copies or to intellectual property rights are transferred to users—all title and rights remain with the Foundation or others in the Group.
Notice Regarding Copyright Agent. The Foundation respects the intellectual property rights of others and requests that Site users do the same. Anyone who believes that their work has been infringed under copyright law may provide a notice to the designated Copyright Agent for the Site containing the following:
Copyright infringement claims and notices should be sent in the following manner to:
10th Mountain Division Foundation
133 South Van Gordon Street, Ste. 200, Lakewood, CO 80228
Notice of Availability of Filtering Software. We do not believe that the Site contains materials that would typically be the subject of filtering software and minors are not authorized to visit our Site. Nevertheless, all users are hereby informed that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies.
REGISTRATION DATA
If you register on our website, we store your chosen username and your email address and any additional personal information added to your user profile. You can see, edit, or delete your personal information at any time (except changing your username). Website administrators can also see and edit this information.
GOOGLE ANALYTICS
We use Google Analytics on our site for anonymous reporting of site usage. So, no personalized data is stored. If you would like to opt-out of Google Analytics monitoring your behavior on our website please use this link: Google Analytics Opt-out.
CASES FOR USING THE PERSONAL DATA
We use your personal information in the following cases:
EMBEDDED CONTENT
Pages on this site may include embedded content, like YouTube videos, for example. Embedded content from other websites behaves in the exact same way as if you visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged-in to that website. Below you can find a list of the services we use:
The Facebook page plugin is used to display our Facebook timeline on our site. Facebook has its own cookie and privacy policies over which we have no control. There is no installation of cookies from Facebook and your IP is not sent to a Facebook server until you consent to it. See their privacy policy here: Facebook Privacy Policy.
We use the Twitter API to display our tweets timeline on our site. Twitter has its own cookie and privacy policies over which we have no control. Your IP is not sent to a Twitter server until you consent to it. See their privacy policy here: Twitter Privacy Policy.
YOUTUBE
We use YouTube videos embedded on our site. YouTube has its own cookie and privacy policies over which we have no control. There is no installation of cookies from YouTube and your IP is not sent to a YouTube server until you consent to it. See their privacy policy here: YouTube Privacy Policy.
COOKIES
This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymized tracking data to third party applications like Google Analytics. Cookies generally exist to make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the help section of your browser.
NECESSARY COOKIES (ALL SITE VISITORS)
NECESSARY COOKIES (ADDITIONAL FOR LOGGED IN CUSTOMERS)
THIRD PARTY ACCESS TO YOUR DATA
We don’t share your data with third-parties in a way as to reveal any of your personal information like email, name, etc. The only exceptions to that rule are for partners we have to share limited data with in order to provide the services you expect from us.
HOW LONG WE RETAIN YOUR DATA
When you submit a support ticket or a comment, its metadata is retained until (if) you tell us to remove it. We use this data so that we can recognize you and approve your comments automatically instead of holding them for moderation.
If you register on our website, we also store the personal information you provide in your user profile. You can see, edit, or delete your personal information at any time (except changing your username). Website administrators can also see and edit that information.
SECURITY MEASURES
We use the SSL/HTTPS protocol throughout our site. This encrypts our user communications with the servers so that personal identifiable information is not captured/hijacked by third parties without authorization.
In case of a data breach, system administrators will immediately take all needed steps to ensure system integrity, will contact affected users and will attempt to reset passwords if needed.