1. Intellectual Property Rights. All the Site’s Content, unless otherwise indicated, is protected by law including, but not limited to, United States copyright and trademark law, as well as other state, national, and international laws and regulations and is owned by the Foundation and/or third parties. Except as expressly provided herein, the Foundation does not grant any express or implied right to you or to any other user of the Site. The Site may also include the trade and/or service marks of other parties. Such third-party designations may not be used without the prior written permission of their respective owners.
Unless otherwise specified, the Content is © 2015, The William Penn Foundation. All rights reserved. Removing or altering this copyright notice on any Content on the Site is prohibited, and you may not remove or obscure any copyright notices or other notices of intellectual property rights from the Site or any content available on the Site. The name and marks “The William Penn Foundation,” the “William Penn” signature logo and all other variations thereof are the sole and exclusive property of the Foundation. You are not permitted to use the trade/servicemarks owned by the Foundation without first obtaining permission, by contacting email@example.com. The Foundation may grant or withhold permission in its discretion. Other product and company names mentioned in the Site may be the trade/service marks of their respective owners.
Any unauthorized use of this Site or the Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.
4. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While The Foundation has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, the Foundation, its affiliates, employees and representatives are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. The Foundation shall have no liability for interruptions or omissions in Internet, network or hosting services or any other failure of performance of the Site. You assume the sole and complete risk of using the Site.
6. Views Expressed. The Site may, for informational purposes, include Content prepared by other organizations and individuals not employed by the Foundation. The Foundation does not necessarily agree with the opinions expressed in such material, nor does the Foundation warrant the accuracy of the information or quality of the content.
7. Events beyond the Foundation’s Control. You expressly absolve and release the Foundation from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
8. DISCLAIMERS. THE SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. THE FOUNDATION MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY CONTENT. FURTHER, ALTHOUGH THE FOUNDATION ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AND MATERIALS AVAILABLE, THE CONTENT ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE FOUNDATION MAY MAKE MODIF AND/OR CHANGE THE SITE AND THE CONTENT AT ANY TIME, FOR ANY REASON. THE FOUNDATION MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED ON THE SITE. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE SITE AND THE CONTENT.
UNDER NO CIRCUMSTANCES WILL THE FOUNDATION BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR THE CONTENT OR THE BREACH OF THIS AGREEMENT OR THE FOUNDATION’S OTHER POLICIES CONTAINED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF THE FOUNDATION OR A THIRD-PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICK OR PRODUCTS LIABILILITY OR MISREPRESENTATION.
TO THE EXTENT PERMITTED BY LAW, THE FOUNDATION DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THE SITE AND THE CONTENT.
10. U.S. Copyright Infringement Claims. If you know or suspect that any of the materials on the Site have been used in a way that constitutes copyright infringement, please send notice to the Foundation’s designated agent identified below. The notice must include the information required by the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512(c)(3). The designated agent for notice of copyright infringement claims may be reached at firstname.lastname@example.org.
11. Governing Law. The Site is controlled and operated by the Foundation from its offices within Pennsylvania. This policy shall be governed by the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be in Philadelphia, Pennsylvania. You agree to submit to the jurisdiction of the state and federal courts in Philadelphia, Pennsylvania for the purposes of any judicial proceedings relating to or arising from this Agreement.
12. Term and Termination. This Agreement takes effect at the time you begin using the Site. The Foundation reserves the right at any time and for any reason to deny you or any user access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
14. Severability. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
This Agreement is current as of July 29, 2015.