2. DESCRIPTION OF SERVICE
The Site provides information about the Trust and its goal to improve lives by supporting effective nonprofits in four main areas: health and medical research, human services, education and conservation. The Site and the information, features and services available on the Site may be referred to herein collectively as the “Service”. Unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future will be considered part of the Service and subject to the Terms.
3. INFORMATION YOU PROVIDE TO US
4. THIRD PARTY WEBSITES
The Service may provide links to websites or resources outside of the Site. Because the Trust has no control over external sites and resources, you acknowledge and agree that the Trust is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such sites or resources.
Your correspondence or business dealings with, or participation in promotions of, any websites that you find or link to through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such websites. You agree that the Trust will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links to such websites on the Service.
If you submit any questions, comments, suggestions, information, ideas, concepts, graphics or other materials to the Trust, whether oral, written or electronic (collectively, “submissions”), no confidential or other relationship will be established between you and the Trust. Your submissions will be considered non-confidential and will be considered the sole and exclusive property of the Trust. The Trust will have the right to publish, reproduce, modify, adapt, distribute, transmit to others and otherwise use any submissions for any purpose whatsoever, in any media, throughout the world and in perpetuity, and without any compensation, attribution or other obligation to you.
6. MODIFICATIONS TO SERVICE; TERMINATION
The Trust reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Trust will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The Trust reserves the right, at its sole discretion, immediately and without notice to suspend or terminate the Terms and/or your ability to access the Site, for any reason including any breach by you of the Terms or conduct by you that the Trust determines to be inappropriate.
7. THE TRUST’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (the “Software”) contain proprietary and/or confidential information, Content and other materials that are protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents). Except as expressly authorized by the Trust, you agree not to display, publish, reproduce, transmit, distribute, post, modify, adapt, rent, lease, sell or otherwise use the Software, the Service or any Content contained thereon, in whole or in part without our prior permission. However, you may download Content for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or pertaining to such Content and provided that you keep intact any author attribution, copyright or trademark notice in any such Content that you download. You may not use such downloaded Content for any commercial purpose. Modification of the Content or use of the Content for any other purpose is a violation of the Trust’s copyright and other proprietary rights.
You agree that you will not challenge the ownership rights of the Trust in or to any and all trademarks, logos, service marks and/or domain names of the Trust (the “Trust Marks”), and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of the Trust Marks. The Trust will enforce its intellectual property rights to the fullest extent of the law.
8. JURISDICTIONAL ISSUES
The information and other Content contained on the Site are intended for use only by persons in the United States. The Trust makes no representations that the information and other Content contained on the Site are appropriate for users in countries other than the United States. Those who choose to access the Site from locations outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Nothing herein should be considered a solicitation, promotion or indication for any product that is not permitted by the laws or regulations of the country where the user of the Site resides.
Also, please note that certain software and data files from the Site may be subject to export controls imposed by the United States government and may not be downloaded or otherwise exported to a country (or a national or resident of a country) upon which the United States government has placed an embargo. If you download or use any such software of data files, you warrant that you are not located in, or a national of, or under the control of, any such country.
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
a. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION OR OTHER CONTENT OFFERED ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE TRUST MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY CONTENT ON OR ACCESSIBLE THROUGH THE SERVICE. ANY DOWNLOADING, RELIANCE ON OR USE OF SUCH CONTENT WILL BE AT YOUR SOLE RISK. THE TRUST MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE AVAILABLE ON A TIMELY BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
b. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE TRUST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF THE TRUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. PRESENT OR FUTURE EMPLOYMENT WITH THE TRUST
Should you become employed with the Trust, none of the information or materials on the Site will constitute or be considered part of an employment contract or an employee manual or handbook. Nothing stated or represented on the Site will affect the employment relationships between the Trust and its current, former, or future employees.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service.
12. GENERAL INFORMATION
The Terms constitute the entire agreement between you and the Trust and govern your use of the Service, superceding any prior agreements between you and the Trust. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms and the relationship between you and the Trust will be governed by the laws of the United States and the State of New York without regard to choice of law principles. You and the Trust agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the State of New York. The failure of the Trust to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms will remain in full force and effect.
13. CONTACTING US
If you have any questions or comments about the Terms, or if you would like to report any violations of the Terms, please contact us at firstname.lastname@example.org.
© 2009 The Leona M. and Harry B. Helmsley Charitable Trust. All rights reserved.