Use Of The Website
contains additional information about how your information will and will not be used.
Disclaimer of Warranties and Limitation of Liability
(a) Disclaimer of Warranties
: THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FOUNDATION MAKES NO WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM VIRUSES OR MALICIOUS CODE. ANY MATERIAL OR INFORMATION DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
(b) Limitation of Liability
: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE FOUNDATION, ITS PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, DONORS, AGENTS, ADVISORS, REPRESENTATIVES, LICENSORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT FROM ANY ASPECT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED, TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PROVISION WILL APPLY WHETHER OR NOT THE FOUNDATION IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL WEBSITE CONTENT THAT MAY BE AVAILABLE FROM TIME TO TIME FROM THE FOUNDATION OR ITS PARTNERS AND ANY LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT THEREFROM. NOTWITHSTANDING THE FOREGOING, IF, DESPITE THE LIMITATION ABOVE, THE FOUNDATION IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY IS CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN ANY LIABILITY RESULTING THEREFROM SHALL BE LIMITED TO ONE HUNDRED DOLLARS IN THE AGGREGATE FOR ALL CLAIMS AGAINST THE FOUNDATION AND THE FOUNDATION INDEMNITIES.
(c) Exclusions and Limitations
: The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Foundation. 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. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.
You agree to defend, indemnify and hold harmless the Foundation, its affiliates, partners, advisors, employees, members, managers, officers, donors, directors, agents, representatives, licensors, licensees or content providers (the “Foundation Indemnities”) from any claims, losses, damages, expenses, demands, and costs (including, without limitation, reasonable attorneys’ fees), arising out of or relating to your use of the Website.
Third Party Links
The Website may contain hyperlinks to third party websites (“Links”). Links may be made available to assist you, the user. The Foundation does not control such Links. THE FOUNDATION MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH THIRD PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM. Inclusion of such Links does not imply any endorsement by the Foundation, including, but not limited to, opinions, statements, information, individuals or entities referred to on such Links or any association with their operators. You are solely responsible for any charges or obligations that you may incur in your dealings with such linked site operators. Linked sites or other websites may also have a hyperlink to this Website; the Foundation is not, and you agree that the Foundation is not, responsible for the content of any such website or the actions of any operator of any such website.
Limitation on Time to File Claims
Legal Notices and Contact Information
If you intend to carry out legal action of any kind against the Website or the Foundation, you are required to contact the Foundation seven (7) business days before any legal claim is made. Please remember the Website is intended to benefit its users and the Foundation intends no harm to you or anyone else by operating this Website.
(a) Governing Law
(c) No Waiver
(d) Survival and Severability
Contacting the Foundation
Updated as of November 9, 2016.