Last Updated: July 13, 2020
Please check these Terms regularly because we may change them from time to time by posting an updated version on our Site (or by other method of notice that we determine is appropriate). By continuing to use our Site after we have given notice of changes, you agree to the updated Terms; if you do not agree, you may not use our Site.
Material on our Site is protected by copyright law. Except as expressly indicated otherwise in these Terms or on our Site, you may download one copy of materials on our Site (“Site Content”) solely for your limited, personal, non-commercial use as long as you do not alter the Site Content or remove any trademark, copyright, or other notices displayed on the Site Content. You may not download or duplicate copies of photographs displayed courtesy of a third party. Except as expressly permitted or with our prior written consent in each case, you may not reproduce, distribute, create derivative works of, publicly display or perform the Site Content in any manner or extract information or data for use in a database or any other purpose. If you would like to use Site Content for any other purpose, please send your request to firstname.lastname@example.org.
We own our name and our trademarks and service marks, including “PropelNext,” “Edna McConnell Clark Foundation,” logos, slogans, and other indicia of source (collectively, “Our Trademarks”). You may not use Our Trademarks without our prior written consent in each case, including in any manner that implies we sponsor, endorse or are otherwise the source of or affiliated with a product, service, entity, or activity or that would be likely to cause confusion among the public.
Frames and Metatags
You may not frame content on our Site unless you first obtain our prior written consent in each case. You may not use metatags or any other “hidden text” that incorporates Our Trademarks, or words confusingly similar to Our Trademarks, without our prior written consent.
Links to Third-Party Web Sites, including Social Networks
THE SERVICES AND CONTENT AVAILABLE THROUGH OUR SITE ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY SERVICES OR CONTENT AVAILABLE THROUGH OUR SITE (OR THROUGH LINKS TO THIRD-PARTY SITES), INCLUDING THAT OUR SITE, SERVICES, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, INTERRUPTIONS, INACCURACIES OR OTHER ISSUES CONCERNING OUR SITE, SERVICES, AND CONTENT. IF YOU RELY ON OUR SITE, SERVICES OR CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE, SERVICES, AND CONTENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED TO US), AND NON-INFRINGEMENT.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, AND OTHER HARMFUL ELEMENTS TO OUR SITE, WE DO NOT WARRANT THAT OUR SITE, SERVICES OR CONTENT WILL BE FREE FROM SUCH ELEMENTS AND WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THEM.
Limitation of Liability
THE FOUNDATION AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON ANY LOSS, DAMAGE, LIABILITY, OR INJURY ARISING FROM YOUR USE OF OUR SITE OR YOUR BREACH OF THESE TERMS, INCLUDING FROM ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN OUR SITE, SERVICES OR CONTENT.
UNDER NO CIRCUMSTANCES WILL THE FOUNDATION OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR RELATED TO YOUR USE OF OUR SITE, SERVICES, OR CONTENT OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY DIRECT OR OTHER DAMAGES OF ANY NATURE ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, OUR SITE IS $US 100. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Foundation and its directors, officers, employees, and agents harmless against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that any of the indemnified parties may incur arising out of or related to your use of our Site, services or content or your violation of these Terms. The Foundation reserves the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with all cooperation we reasonably request.
We reserve the right to terminate these Terms, our Site, your access to our Site, and any services or content offered through our Site at any time without notice for any reason. The “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) will survive any termination.
These Terms, which includes the Privacy Statement, is the complete agreement between you and the Foundation regarding your use of our Site, supersedes all other agreements (oral or written) between you and the Foundation, and is governed by and should be construed according to the laws of the State of New York applicable to agreements made and completely performed in New York, unless doing so would lead to the application of the laws of another jurisdiction. You irrevocably agree (A) to bring any claim or dispute relating to your use of our Site and these Terms exclusively in the state and federal courts located in the State and County of New York, (B) to submit to the exclusive jurisdiction of those courts, and (C) to waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without our prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that will reflect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law (unless doing so would deprive either party of a material benefit of these Terms). The failure of a party to assert any right under these Terms will not be considered a waiver of that party’s right. The term “including” in these Terms is intended to be illustrative and means “including without limitation.”
Please contact us at email@example.com or at Communications, The Edna McConnell Clark Foundation, 477 Madison Avenue, Sixth Floor, New York, NY 10022 with any questions you may have about these Terms, including the Privacy Statement.