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The Slater Jett Meyers Foundation
Terms of Use
Welcome to the The Slater Jett Meyers Foundation Web site (this "Web Site").
The Slater Jett Meyers Foundation
provides this Web Site subject to the following terms of use (these
"Terms"). These Terms explain a contractual agreement between you ("User,"
"You," "Your") and The Slater Jett Meyers Foundation ("We," "Us," "Our") regarding Your use of this Web
Site. You should print a copy of these Terms for Your records. Please note,
however, that We may update and amend these Terms from time to time.
1. WHAT YOU SHOULD KNOW
The goal of this Web Site is to provide You with access to information about
Our facilities, services, products, and related links to meet Your needs
(the "Content"). The Terms are meant to protect all of Our visitors to this
Web Site, and Your access to and use of this Web Site signifies Your
agreement with these Terms. DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE
WITH THESE TERMS. We reserve the right, in Our sole discretion, to modify,
alter or otherwise update these Terms at any time. Such modifications,
alterations, and updates shall be effective immediately upon posting. You
agree to be bound by such modified, altered, and updated Terms if You access
or use this Web Site after We have posted notice of such modifications,
alterations or updates.
Consistent with Our goals, this Web Site will permit You to link to many
other Web sites that may or may not be affiliated with this Web Site and/or
with Us. The other linked Web sites have different terms of use that are not
the same as these Terms. Your access to and use of such linked Web sites
through links provided on this Web Site is governed by the terms of use and
policies of those sites, not this Web Site.
2. PRIVACY
Registration data and certain other information about You is subject to our
Privacy Policy. For more information, please review Our Privacy Policy
[Provide Hypertext Link].
3. USE OF THIS WEB SITE
We control and operate this Web Site. All Content on this Web Site,
including, but not limited to, text, photographs, images, illustrations,
audio clips, and video clips, is protected by copyrights, trademarks,
service marks, and/or other intellectual property rights (which are governed
by United States and worldwide copyright laws and treaty provisions, privacy
and publicity laws, and communication regulations and statutes). The Content
is owned and controlled by Us or Our affiliates, or by third party content
providers, merchants, sponsors and licensors (collectively the "Providers")
that have licensed their content or the right to market their products
and/or services to Us. Content on this Web Site or any Web site owned,
operated, licensed or controlled by the Providers is solely for Your
personal, non-commercial use. You agree to abide by all additional copyright
notices, information, or restrictions contained in any Content. You may
download a single copy of any Content contained on this Web Site, solely for
Your personal, non-commercial use, consistent with these Terms, provided
that You maintain all copyright and other notices contained in such Content.
You may not copy, reproduce, republish, upload, post, transmit, distribute,
and/or exploit the Content in any way (including by e-mail or other
electronic means) for commercial use without the prior written consent of Us
or the Providers. Your modification of the Content, use of the
Content on any other Web site or networked computer environment, or use of
the Content for any purpose other than personal, non-commercial use, without
the prior written consent of Us or the Providers, violates the intellectual
property rights and proprietary rights of the Content owners and is
prohibited.
You may not use on Your Web site any registered or unregistered trademarks,
service marks or copyrighted materials appearing on this Web Site, including
but not limited to any logos or characters, without the express written
consent of the owner of the mark or copyright. You may not frame, deep link,
or otherwise incorporate into another Web site any of the Content or other
materials on this Web Site without Our express prior written consent. .
Violation of trademark and copyright laws may result in significant civil
liability or criminal penalties under United States and/or worldwide
copyright and trademark laws. You recognize that any reproduction or use of
Content, except as authorized by these Terms, is considered intentional
infringement.
4. USER'S RESPONSIBILITIES
You warrant and represent to Us that You will not use this Web Site for any
purpose that is unlawful or prohibited by these Terms, including without
limitation the posting or transmitting any threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, or profane
material. If You violate any of these Terms, Your permission to use this Web
Site immediately terminates without the necessity of any notice. We retain
the right to deny access to anyone at Our discretion for any reason,
including for violation of these Terms.
You are solely responsible for Your Information, and We act as a passive
conduit for Your online distribution and publication of Your Information. As
used in these Terms, "Information" means any information or data that You
submit to this Web Site and any information or data that is generated by
this Web Site as a result of Your use of this Web Site.
In the event that You are provided with User identification numbers or codes
(collectively, "ID's"), confirmation numbers, and/or passwords (as
applicable) in the use of this Web Site, You shall maintain such User ID's,
confirmation numbers, and/or passwords in confidence and You agree not to
distribute or disclose the same to third parties. It is Your responsibility
to notify Us if We need to change or discontinue any of Your ID's,
confirmation numbers, or passwords. It is also Your responsibility to
immediately request discontinuation of an ID, confirmation number, or
password upon Your knowledge or belief that such ID, confirmation number,
and/or password is, or may be subject to, a breach of confidentiality. We
may suspend or terminate Your service or access to this Web Site if We
believe a breach of these Terms has occurred.
You agree to provide true, accurate, current and complete Information. If
You provide any Information that is untrue, inaccurate, not current or
incomplete (or We have reasonable grounds to suspect that such Information
is untrue, inaccurate, not current or incomplete), We have the right to
suspend or terminate Your access and activity, and refuse any and all
current or future use, of this Web Site.
5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web Site, and You agree
not to use or permit others to use this Web Site, for any of the following:
(a) take any action that imposes an unreasonable or disproportionately large
load on the Web Site's infrastructure, including but not limited to "spam"
or other such unsolicited mass e-mailing techniques; (b) disclose to, or
share with, the assigned confirmation numbers and/or passwords with any
unauthorized third parties or using the assigned confirmation numbers and/or
passwords for any unauthorized purpose; (c) attempt to decipher, decompile,
disassemble or reverse engineer any of the software or HTML code comprising
or in any way making up a part of this Web Site; (d) upload, post, emailing
or otherwise transmitting any Information, Content, or proprietary rights
that You do not have a right to transmit under any law or under contractual
or fiduciary relationships; (e) violating any applicable local, state,
national or international law, including, but not limited to, any
regulations having the force of law; and, (f) using any robot, spider,
intelligent agent, other automatic device, or manual process to search,
monitor or copy Our Web pages, or the Content without Our prior written
permission, provided that generally available third party Web browser such
as Netscape Navigator® and Microsoft Internet Explorer® may be used without
such permission.
6. INFORMATION POSTED TO WEB SITE
With respect to all Information You elect to post to publicly accessible
areas of the Web Site, You agree that We have the right to use, reproduce,
modify, publish, perform and display such Information (in whole or part)
worldwide; provided that such use is subject to the terms of
Our Privacy
Policy.
You acknowledge and agree that We may preserve Information and may also
disclose Information if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the Terms; (c) respond to claims that any
Information violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of Our business, employees, Providers,
affiliates, users, and/or the public.
7. LINKS TO OTHER WEB SITES
This Web Site may contain links to third-party and/or other
The Slater Jett Meyers Foundation-affiliated
Web sites not under Our control or operation (the "Linked Sites"). The links
will let You leave this Web Site, and You access them at Your own risk. You
acknowledge that We provide the Linked Sites for Your convenience and
information only. We do not endorse nor are We responsible for any content,
information, or other related materials found at any such Linked Sites or
any links contained within such Linked Sites, whether or not We are
affiliated with the owners of such Linked Sites. Moreover, We do not control
any use of content, information or other related material that You provide
to, or is collected and/or tracked by, such Linked Sites. Such use by Linked
Sites is governed by the terms of use statements and/or privacy policies of
such Linked Sites, not this Web Site, and as a result may differ from Ours.
You may not establish a hyperlink to this Web Site or provide any links that
state or imply any sponsorship or endorsement of Your Web site by Us or the
Providers.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through this Web Site, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties, or representations associated with such dealings are
solely between You and such advertiser. You agree that We (and the
Providers) shall neither be responsible nor liable for any loss or damage
incurred by You as the result of any such dealings or as the result of the
presence of such advertisers on this Web Site.
9. NO WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF
ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER
THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE
INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY
PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB
SITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED
SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY, USEFULNESS, OR
CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE ACQUIRED PURSUANT TO
YOUR USE OF THIS WEB SITE.
WE ARE A DISTRIBUTOR AND NOT A PUBLISHER. WE HAVE NO MORE EDITORIAL CONTROL
OVER SUCH INFORMATION AND CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND.
ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION
EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING IN THE LINKED SITES)
ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT.
YOU USE THIS WEB SITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET
CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING
PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR
AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND
DISTRIBUTION OF THIS WEB SITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER
CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF
LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE USE OR
ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
OUR LIABILITY, AND THE LIABILITY OF OUR PROVIDERS, TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF
FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO
LIABILITY, OR (B) $500. Some states do not allow for the limitation of
liability, so the foregoing limitation may not apply to You.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE
RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR
ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT,
INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE.
MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR
RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD PARTIES.
The limitation of liability reflects the allocation of risk between the
parties. The limitations specified in this Section 10 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 Us and the Providers, and to all respective
officers, directors, employees, representatives, attorneys, and agents.
11. GOVERNING LAW AND JURISDICTION
We operate this Web Site (excluding Linked Sites) from Our offices within
the State of New York. It can be accessed from all 50 states, as well as
from other countries around the world. As each of these places has laws that
may differ from those of New York, by accessing this Web Site, You agree
that these Terms and Your use of the Web Site shall be governed in all
respect by the internal substantive laws of the State of New York, without
regard to conflict of laws provisions and shall not be governed by the
United Nations Convention on the International Sale of Goods. You further
submit to exclusive jurisdiction and venue in the state and federal courts
located in the State of New York for all disputes, cases and controversies
regarding this Web Site, Your use of this Web Site, and Your relationship
with Us. We make no representation that materials on this Web Site are
appropriate or available for use in other locations, and accessing them from
territories where the Content is illegal is prohibited. Those who choose to
access this Web Site from other locations do so at their own risk and are
responsible for compliance with local laws, including laws regarding the
transmission of technical data exported from the United States or the
country in which You reside.
12. INDEMNIFICATION
We reserve the right to report any wrongdoing, if and when We become aware
of it, to any applicable government agencies. You agree to indemnify, defend
and hold Us and the Providers, Our and their officers, directors, employees,
affiliates, agents, licensors, and suppliers harmless from and against any
and all claims, demands, actions, costs, liabilities, losses and damages of
any kind (including attorneys' fees) resulting from Your use of this Web
Site, Your breach of any provision of these Terms and/or any negligent acts,
omissions or intentional wrongdoing by You. Any such indemnification shall
be conditioned on Our: (a) notifying You in writing of any such claim,
demand, action, cost, liability, loss or threat of any thereof; (b)
cooperating with You in the defense or settlement thereof; and (c) allowing
You to control such defense or settlement. We shall be entitled to
participate in such defense at Our own cost and expense.
13. MESSAGE BOARDS
In the event that We provide message boards or discussion forums on this Web
Site (the "Forums"), You agree to use the Forums only in a noncommercial
manner. You shall not, without our express approval, distribute or otherwise
publish any material containing any solicitation of funds, advertising, or
written solicitation for goods and services. You agree that any uploaded
materials may be republished without compensation to You or any other person
or entity. In addition, You warrant that all moral rights in any uploaded
materials have been waived. While We do not and cannot review every message
posted by You or any other User in the Forums, and although We are not
responsible for these messages, We reserve the right (but not the
obligation) to delete, move, or edit messages that We, in our sole
discretion, deem abusive, defamatory, obscene, in violation of copyright or
trademark laws, or otherwise unacceptable. We do not endorse any Information
posted on this Web Site.
You agree that You must evaluate, and bear all risks associated with, the
use of any messages, Information, or Content, including any reliance on the
accuracy, completeness, or usefulness of such messages, Information, or
Content. In this regard, You acknowledge that You may not rely on any
Content We create or information submitted to Us by third parties, including
without limitation, information in the Forums, and in all other parts of
this Web Site.
14. OTHER GENERAL PROVISIONS
These Terms are for the benefit of Us and the Providers, Our and their
officers, directors, employees, affiliates, agents, licensors, and
suppliers. Each of these individuals or entities shall have the right to
assert and enforce these Terms directly against You on its (or their own)
behalf. Our failure to act with respect to a breach by You or others does
not waive Our right to act with respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or unenforceable, such
provision will be struck and the remaining provisions enforced. Headings are
for reference purposes only.
You and We are dealing at arms' length, creating a commercial relationship.
We are not Your Agent or Your fiduciary, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended
or created by these Terms.
The provisions and conditions of these Terms, and each obligation referenced
herein, represent the entire Agreement between Us (including the Providers),
Our affiliated or related entities, and You, and supersede any prior
agreements or understandings not incorporated herein. In the event that any
inconsistencies exist between these Terms and any future published terms of
use or understanding, the last published Terms shall prevail.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.
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