Schwabfoundation.org Terms of Service

PLEASE READ THE FOLLOWING CAREFULLY:

Schwabfoundation.org is a Web site of the Charles and Helen Schwab Foundation ("CHSF" or "We"). When You ("You" or "User") access or use Schwabfoundation.org, its computers or servers, or any related services ("Site"),or complete a registration form for Schwabfoundation.org, You agree to be bound by the following terms and conditions (the "Terms of Service"). If You do not accept these Terms of Service, do not use this Site. You understand and agree that we may modify this Site and the services available at it without notice, and may discontinue the Site and its services at any time. We encourage you to review these Terms of Service periodically as they may change. By continuing to use this Site after we modify these terms, you agree to be bound by such future revisions of these Terms of Service. Unless otherwise provided below, the revised terms will take effect when they are posted.

We Respect Your Privacy

These Terms of Service incorporate the terms of Schwabfoundation.org's Privacy Policy.

Your Use of this Site

CHSF authorizes you to view, print and download the material on this Site solely for your personal, noncommercial use.

Unless otherwise provided elsewhere in these Terms of Service, you are strictly responsible for Your use of this Site and its services.

CHSF Property

The Site contains text, graphics, logos, icons, and other materials ("Site Content ") furnished by CHSF, its licensors, and other users. Site Content is protected under copyright, trademark, trade secret, and other laws of both the United States and foreign countries. All Site Content, including the collection, arrangement and assembly of such content is the exclusive property of CHSF. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of CHSF or the rights holder. You may not copy or adapt the HTML code that CHSF uses to generate its pages. You may not use the Site Content on any other Web site or in a networked computer environment for any purpose, without the express written permission of CHSF.

License and Warranty to CHSF

When You transmit information, comments, text, links, or other materials ("Content ") to the Site, You are granting, or warranting that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive license to use, copy, modify, display, perform, distribute, create derivative works and any other right to CHSF that is reasonably necessary for CHSF's legitimate business purposes related to (i) transmission, routing, or transient storage of communications, or (ii) management or operation of the Site and/or related sites and services.

You represent and warrant that you have the legal capacity to enter into these Terms of Service, and all necessary rights, title and interest, to grant the licenses contained herein to CHSF.

Guard Your Password

You must safeguard the user name and password You use to access parts of this site where a user name and password is required. You agree not to disclose or share your password with any third party, and are solely responsible for the use of your user name and password. You authorize us to assume that any person using the Site with Your user name and password either is You or is authorized to act for You.

User Conduct Rules

In connection with your use of the Site, you agree to use Schwabfoundation.org for lawful purposes only. You also agree that:

  • You will not intentionally or unintentionally violate any applicable law or regulation.
  • You will not post, upload, transmit, link to or otherwise distribute or publish any Content that is obscene, hateful, abusive, threatening, harassing, defamatory, libelous, tortious, or otherwise objectionable.
  • You will not post, upload, transmit, link to or otherwise distribute or publish any Content that invades or violates any privacy or publicity right.
  • You will not use this site for commercial purposes. You will not post, upload, transmit, link to or otherwise distribute or publish any Content that includes, without limitation, advertisements, promotions, commercial solicitations or other forms of solicitation of any kind including chain letters and pyramid schemes.
  • You will not impersonate, falsely state or otherwise misrepresent Your affiliation with any person or entity. For example, You agree not to falsely represent that You are a copyright holder of a work or the agent of a copyright holder.
  • You will not post or transmit any Content You do not have the right to post or transmit under any law, contractual duty or fiduciary relationship.
  • You will not post or transmit any Content that infringes a third party's trademark, patent, trade secret or copyright.
  • You will not delete, tamper with or alter any material posted or transmitted by any other person or entity.
  • You will not post, upload, transmit, link to or otherwise distribute or publish any Content that is harmful (including but not limited to overloading, "flooding," "spamming," "crashing,", "mailbombing" the Site) or interferes or attempts to interfere with the access of any user, host or network, or that may damage the computer or data of any user, host or network.
  • You will not post, upload, transmit, link to or otherwise distribute or publish any file that is harmful (including but not limited to viruses, "Worms", "Trojan Horses", corrupted files, or any other similar contaminating or destructive software or programs) or interferes or attempts to interfere with the access of any user, host or network, or that may damage the computer or data of any user, host or network.
  • You will not post, upload, transmit, link to or otherwise distribute or publish any Content that is unlawful, would constitute or encourage a criminal offense.
  • You will not access, tamper with or use non-public areas of the Site, CHSF's computer systems, or the technical delivery systems of our providers.
  • You will not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • You will not attempt to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by CHSF or other generally available third party web browser (such as Microsoft Internet Explorer or Netscape Navigator), including without limitation web "harvesting" technology.
  • You will not forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information in violation of state, national and foreign law.
  • You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;

CHSF has the right but not the obligation to monitor Site Content, and We are not responsible for screening material posted by users for libel, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. CHSF is not obligated to enforce any of the provisions above unless, in CHSF's sole discretion, We believe that one of these provisions has been violated. CHSF may at any time, without prior notice and at our sole discretion, remove any post or terminate your registration for violating the above provisions. Violations of any of the above, as judged by CHSF in its sole discretion, including intellectual property infringement and Site security issues, will be investigated by CHSF and prosecuted, as appropriate, to the fullest extent of the law, whether civil or criminal. CHSF may involve, and cooperate with, law enforcement authorities in prosecuting users who violate these Terms of Service.


CHSF's Liability

We do not represent or guarantee the truthfulness, accuracy, reliability, completeness or timeliness of Site Content. You acknowledge that any information from or communications with CHSF, its employees or agents, is not intended as and will not constitute legal, medical, financial, or other professional advice, and You agree that You will not rely upon such information or communications as such. You acknowledge that any reliance on material posted by other users will be at your own risk.

You assume all risks associated with dealing with other users or parties you come into contact with through Your use of the Site, including but not limited to the risk of physical harm, of dealing with unknown strangers, foreign nationals, underage individuals or others acting under false pretenses. You hereby release and agree to hold harmless CHSF, its affiliates, officers, directors, employees and agents, from claims, demands and damages (whether actual and consequential, direct or indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes.

Digital Millennium Copyright Act Compliance

CHSF respects the intellectual property of others and expects users of the Site to do the same. At CHSF's sole discretion and in appropriate circumstances, We may terminate the accounts of users or prevent access to the Site by users who infringe upon the intellectual property rights of others.

Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), CHSF's designated agent for notice of alleged copyright infringement appearing on our site is:

K Kimball, Executive Director
ph: 415-795-4920
fax: 415-795-4921
email: admin@schwabfoundation.org

To file a notice of infringement with Us, You need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office Web site, http://lcweb.loc.gov/copyright/ (visited March 1, 2004).

Links

The Site may contain, or users may include in postings, links to other Web sites or resources. You acknowledge and agree that CHSF is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at Your own risk.

Notices

CHSF will give You any necessary notices by posting them on the Site. You authorize CHSF to send notices via electronic mail as well if CHSF decides, in its sole discretion, to do so. You agree to check the Site for notices, and that You will be considered to have received a notice when it is made available to You by posting on the Site.

Termination

If You violate any of these terms, Your permission to use the Site Content will automatically terminate, You must immediately destroy any copies You have made of the Site Content, and we may end Your authorization to use the Site.

We may terminate these Terms of Service with You or your access to the Site at any time. We may also do so where we reasonably believe that You have violated or acted inconsistently with the letter or spirit of this Terms of Service, or violated our rights or those of another party. The provisions entitled "The Site is Available ‘AS-IS'," "Indemnity," "Limitation of Liability," "Controlling Law and Jurisdiction," and "General Provisions" will survive termination of Your registration.

Indemnity

You agree to defend, indemnify, and hold harmless CHSF, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content or Your violation of this Terms of Service.

The Site is Available "AS-IS"

We will try very hard to make your experience with us helpful. We will make reasonable efforts to provide continuous, uninterrupted, expedient, and error-free Service to you. Unfortunately, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, as well as service interruptions. For this reason, and without limiting the foregoing, YOU ACKNOWLEDGE AND AGREE THAT EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

CHSF MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR ITS SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CHSF OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

NEITHER CHSF NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY FOR CHSF TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THIS SITE IS LIMITED TO $100.

Severability

In the event any term or provision of these Terms of Service are in violation of or prohibited by any applicable law or regulation, such term or provision shall be deemed to be amended or deleted to conform to such law or regulation, without invalidating or amending or deleting any other terms or provisions of this Agreement.

General Provisions

You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of these Terms of Service are held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. These Terms of Service are personal to You. You may not transfer, assign or delegate this Terms of Service to anyone without the express written permission of CHSF. Any attempt by You to assign, transfer or delegate these Terms of Service without the express written permission of CHSF shall be null and void. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. These Terms of Service comprise the entire agreement between You and CHSF with respect to the use of the Site and supersede all prior agreements between the parties regarding the subject matter contained herein.

Controlling Law and Jurisdiction

This Agreement and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of the State of California and the United States, without regard to the conflicts of laws provisions thereof. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement shall be the state courts of the State of California for the County of San Mateo or the United States District Court for the Northern District of California and each of the parties hereto submits itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action.. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this Agreement or the parties' relationship.

If you have any questions about this Terms of Service, please contact the site administrator at admin@schwabfoundation.org

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