In addition, when using particular services or features on the Site, you will be subject to any posted guidelines or rules applicable to such services or features that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.
2. DESCRIPTION OF CONTENT.
The Site provides information about Helmsley and its commitment to improving lives by supporting exceptional efforts in the U.S. and around the world in health and select place-based initiatives. The Site and the information, features and services available on the Site may be referred to herein collectively as the “Content”. Unless explicitly stated otherwise, any new features that augment or enhance the Content in the future will be considered part of the Content and subject to these Terms.
3. INFORMATION YOU PROVIDE TO US.
4. CONTENT WE PROVIDE; PROPRIETARY RIGHTS.
You acknowledge and agree that the Content, any necessary software used in connection with the Content (the “Software”), and all materials published on the Site (including, but not limited to news articles, white papers, case studies, photographs, images, illustrations, audio clips and video clips) contain proprietary and/or confidential information, and are protected by applicable intellectual property and other laws (including, without limitation, copyright pursuant to U.S. and international copyright laws), and are owned or controlled by Helmsley or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site.
Except as expressly authorized by Helmsley, you agree not to modify, publish, transmit, participate in the transfer, sale, rental, or lease of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Site in whole or in part, provided that you may download or copy the Content and other downloadable items displayed on the Site for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Helmsley or the copyright holder identified in the copyright notice contained in the Content.
You agree that you will not challenge the ownership rights of Helmsley in or to any and all trademarks, logos, service marks and/or domain names of Helmsley (the “Helmsley 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 Helmsley Marks. Helmsley will enforce its intellectual property rights to the fullest extent of the law.
Our Content is for general informational purposes only: Although we host a great deal of information that pertains to Helmsley’s grantmaking focus areas, it should not be taken as professional advice. Please seek independent professional advice from someone who is licensed or qualified in the applicable area in lieu of acting on any information or opinion presented in our white papers, case studies, articles, and other posts.
5. THIRD PARTY WEBSITES.
The Site may provide links to websites or resources not operated and controlled by Helmsley. Because Helmsley has no control over such sites and resources, you acknowledge and agree that Helmsley 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 such websites that you find or link to through the Site, 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 Helmsley 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 Site.
If you submit any questions, comments, suggestions, information, ideas, concepts, graphics or other materials to Helmsley, whether oral, written or electronic (collectively, “Submissions”), no confidential or other relationship will be established between you and Helmsley.
7. MODIFICATIONS TO SERVICE; TERMINATION.
Helmsley reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Helmsley will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Helmsley 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 Helmsley determines to be inappropriate.
8. JURISDICTIONAL ISSUES.
The information and other Content contained on the Site are intended for use only by persons in the United States. Helmsley 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 or service for purposes of the laws or regulations of any country.
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 SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR OTHER CONTENT OFFERED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HELMSLEY MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY CONTENT ON OR ACCESSIBLE THROUGH THE SITE. ANY DOWNLOADING, RELIANCE ON OR USE OF SUCH CONTENT WILL BE AT YOUR SOLE RISK. HELMSLEY MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE AVAILABLE ON A TIMELY BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
b. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HELMSLEY 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 SITE, EVEN IF HELMSLEY 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 HELMSLEY.
Should you become employed with Helmsley, 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 Helmsley and its current, former, or future employees.
11. NOTICES; COMMUNICATIONS BETWEEN HELMSLEY AND USERS.
The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Site.
12. GENERAL INFORMATION.
The Terms constitute the entire agreement between you and Helmsley and govern your use of the Site, superseding any prior agreements between you and Helmsley. 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 Helmsley 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 Helmsley agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the State of New York. The failure of Helmsley 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.
© 2018 The Leona M. and Harry B. Helmsley Charitable Trust. All rights reserved.