Terms of Use

1.Changes to Terms

We may change any part of these Terms or the Site at any time in our sole discretion, with or without prior notice to you. Changes to these Terms will become effective upon posting of the updated Terms on the Site, unless we identify a different effective date. We will indicate the date these Terms were last updated at the top of the version posted on the Site. You understand and agree that your continued use of the Site after we have made any such changes constitutes your acceptance of the new Terms. If you would like to be notified if we make any material changes to these Terms, please provide us with your email address and a request that we do so through the Contact Us form and we will make a reasonable effort to inform you of such changes. However, it is your responsibility to review the Terms posted to the Site from time to time to see if they have been updated.

2.Minimum Age

You represent that you are at least 18 years of age (or the age of majority in the State in which you reside). If you are under the age of 18 (or the age of majority in the State in which you reside), but at least 13 years of age, you may use the Site only under the supervision of your legal guardian who has agreed to be bound by these Terms. This Site is not intended for, and you may not use this Site, if you are under 13 years of age.

3.Additional Terms

Please note that certain services, programs, or other offerings of the Foundation, its affiliates and subsidiaries may be governed by additional or separate terms or policies. It is your responsibility to review and comply with those terms and conditions to the extent you use or participate in such services, programs, or other offerings. In the event of any conflict between these Terms and any other terms, conditions or policies, such other term, condition, or policy will govern solely with respect to those services, programs, or other offerings, as may be further explained in such terms, conditions or policies.

4.Links to Third Party Sites

The Site may contain links to websites and applications owned or operated by third parties (“Third Party Sites”). Such Third Party Sites are provided solely as a convenience to you. The Foundation does not endorse, and makes no representations regarding any Third Party Site.  If you decide to visit any Third Party Site, you do so at your own risk. We encourage you to review the privacy policy and terms of use for any Third Party Site you visit.

5.Termination by Foundation; Surviving Terms

These Terms are effective until terminated by you or the Foundation. You may terminate these Terms by permanently discontinuing your use of the Site. We may suspend your access to or use of any part of the Site or terminate these Terms, in whole or in part, at any time, with or without notice to you. If we terminate these Terms, your right to use the Site will immediately cease and you must discontinue use of the Site. Notwithstanding the foregoing, any provisions in these Terms which are intended to survive termination of these Terms shall so survive, including Sections 3, 5, 6, 8, 10, 11, 12, 13, 14, 15 and 17.

6.Privacy Policy

You understand that we collect, store, and otherwise process personal information about users of the Site. To learn more about our information practices, please read our Privacy Policy.

7.Program and Service Images and Descriptions

We try to describe and display the features of all of the programs and services shown on the Site as accurately as possible; however, we do not warrant that all program or service descriptions, photographs, or other information on the Site is accurate, complete, current or entirely error-free. Moreover, descriptions or images of programs or services on the Site should not be interpreted as endorsements of such programs or services. We may make changes to the Site at any time and without notice. The descriptions we provide often depend on information given to us by others. In addition, the information on the Site may contain typographical or other human errors and may not be complete or current despite our efforts.

8.Site Content

All content on the Site, including but not limited to text, graphics, images, software, features, tools, code, information and other content (collectively, the “Content”), is the property of the Foundation and its licensors and is protected under United States and foreign copyright laws and other laws. In connection with your use of the Site, the Foundation grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access, view and use the Content for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears in the Content. The Foundation may revoke this license at any time for any reason. Other than as expressly allowed in these Terms, any other use of the Content is expressly prohibited. You may not sell or modify the Content or reproduce, display, distribute or otherwise use the Content in any way for any public or commercial purpose without the Foundation’s prior written consent. Use of the Content on any online or digital platform or in a networked environment other than as expressly authorized herein is prohibited. Unauthorized use of the Content may be in violation of copyright, trademark and other laws.

Without limitation of the foregoing, the Site may contain certain content from third parties, which may be subject to separate license terms and policies provided by the applicable third party. You should refer to the terms and policies of such third party, including any terms posted on the website of such third party. The Foundation does not endorse, oppose or edit any opinion, claim, or analysis expressed by any third party on the Site. You agree that THE Foundation is not responsible for the substance or accessibility of any Third Party Content accessible through the Site. if you choose to rely on such third party content, you do so at your own risk.

9.Use of the Site

We expect you to use the Site responsibly and to respect the rights of others. You agree that when using the Site, you will not:

• access data not intended for you or log onto a server or an account that you are not authorized to use;
• circumvent or modify, attempt to or assist another in circumventing or modifying any security technology or software that is part of the Site;
• interfere with service to any other user, or the software, networks or systems that we use to bring the Site to you, such as by submitting a virus or overloading, "flooding," "spamming," "mailbombing" or "crashing" the Site;
• modify, alter or prepare other works based on the Site’s Content, or distribute copies of or publicly perform or display such Content, such as by posting the Content on any network computer or distributing the Content on or in any media, including any effort to decompile, reverse engineer or otherwise attempt to derive source code, underlying ideas, algorithms, structure or organization of the Site;
• use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search, and/or extract information from the Site other than the search tools available on the Site and other generally available third-party web browsers (e.g., Microsoft Edge, Google Chrome);
• transmit or disseminate any kind of material that contains malware, viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of the Site;
• use the Site in a manner that is inconsistent with any and all applicable laws and regulations;
• falsely state or misrepresent your identity or affiliation with any other person or entity;
• use the Site or any of the Content in a manner which infringes or violates a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right; nor
• otherwise violate these Terms.

Any violation of these Terms or unauthorized use of any information or materials displayed on or available from the Site may violate copyright laws, trademark laws, laws of privacy and publicity and other laws and regulations and may result in, among other things, termination of your access to the Site by the Foundation in its sole discretion.

10.Trademarks

The names, marks and logos appearing in the Site’s Content are, unless otherwise noted, trademarks owned by or licensed to the Foundation. The use of these marks, except as provided in these Terms, is prohibited. From time to time, the Foundation makes fair use in the Content of trademarks owned and used by third parties. The Foundation makes no claim to ownership of those marks.

You may not use the Foundation’s trade name, trademarks, service marks or other intellectual property assets for promotional, advertising or any other commercial purpose, unless and to the extent the Foundation specifically agrees in writing.

11.WARRANTY DISCLAIMER

Although the Foundation strives for accuracy in all elements of the Site, it may contain inaccuracies or typographical errors. The Foundation makes no representations about the accuracy, reliability, completeness or timeliness of online material or about the results to be obtained from using the Site. Your access to and use of the Site and any of its Content is at your own risk.

THE FOUNDATION DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE NOR THAT THE SITE, CONTENT OR ANY COMPUTER SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITE RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE FOUNDATION SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND THE FOUNDATION DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIALS, SOFTWARE, TEXT, GRAPHICS OR LINKS.

12.LIMITATION OF LIABILITY

IN NO EVENT SHALL THE FOUNDATION BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM YOUR USE OR INABILITY TO USE ANY PART OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE FOUNDATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE FOUNDATION’S AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100).

THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES IN THIS SECTION, IN WHICH CASE THE FOUNDATION’S LIABILITY FOR DAMAGES IN CONNECTION WITH THESE TERMS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.

13.Indemnification

By using the Site, you agree to defend, indemnify and hold harmless the Foundation, its affiliates and their respective officers, directors, employees, contractors and agents, from and against any and all losses, actions, claims, damages, fines, costs and expenses (including reasonable legal and accounting fees) arising from or related to your use of the Site, including the Content, or your breach of these Terms. The Foundation reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

14.Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. You irrevocably consent to the exclusive jurisdiction of the federal and state courts located in Los Angeles, California, and you waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to (i) inconvenient forum, or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.

15.Jury Trial and Class Action Waiver

You and the Foundation agree that: (1) you and the Foundation waive any right to a jury trial; (2) any dispute, claim or action will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor the Foundation may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

16.Export Control

The Foundation controls and operates the Site from the United States and does not claim that any part of the Site is appropriate or may be accessed or used outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site. You agree to comply with all U.S. or other export and re-export control restrictions. You represent and warrant that you are not: (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or similar restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; (b) listed on any U.S. government lists of prohibited or restricted parties.

17.General

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision in these Terms shall be a further or continuing waiver of such provision or any other provision in these Terms. The section names in the Terms are for convenience only and have no legal or contractual effect. You may not assign these Terms, or any of your rights or obligations hereunder, without the prior written consent of the Foundation. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms at any time without your prior consent. Except as expressly provided elsewhere in the Site, these Terms and any other terms and conditions expressly incorporated by reference into these Terms by the Foundation constitute the entire agreement between you and the Foundation with respect to your use of the Site.

18.Contact Information

We welcome you to contact us with any questions, comments or concerns about the Site. Please contact us through the Contact Us form.