TERMS OF USE

TERMS OF USE

As a visitor logging onto this Website you agree that your use of it (including its related websites) will be governed by the following Conditions of Use Agreement with the Kuehn Charitable Foundation.

  1. All data and documents are the property of the Foundation. All documents copyrighted by the Foundation may be used or modified by an individual or a nonprofit organization for non-commercial use, as long as the adapted work clearly states it is from a work copyrighted by the Foundation. Documents copyrighted by others may not be modified or adapted unless the copyright owner has given specific permission.
  2. Any resources allowing visitors to link to or post information are available for use so long as the content in the posting or linked website (1) is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and (2) does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” As a condition to linking to the Website or posting information, a visitor promises not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a comment or other content. The Foundation reserves the right, but not the obligation, to remove or edit content not in compliance. Unless indicated otherwise, the visitor grants us a nonexclusive, royalty-free, perpetual, irrevocable, and fully licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. The visitor also grants the Foundation the right to use the name that is submitted by the visitor in connection with such content. The visitor warrants ownership or otherwise controls all of the rights to content posted; its accuracy; that use of the content supplied does not violate this Agreement and will not cause injury to any person or entity; and that the visitor will indemnify the Foundation and our employees, officers, trustees and agents for all claims resulting from content that the Visitor supplies. The Foundation has the right but not the obligation to monitor, edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by any visitor.
  3. The Website may contain links within it and to third party websites we believe may be informational. Links or any references to other pages and websites do not constitute or imply endorsement, recommendation, or preference by us. Visitors understand that when a link is provided, the Foundation does not control, endorse, approve, or certify the content or warrant the offerings of those references. The Foundation assumes no responsibility or liability for the actions, products, services or content of any such references or of any other third parties. Visitors understand that if they use a link to a third party website, they are no longer on this Website and subject to its policies. Any user of third party websites should carefully review those websites’ privacy statements and other conditions of use. Further, the Foundation and its employees, officers, trustees and agents and providers assume no responsibility for, and expressly disclaim any liability resulting from, the use of any information obtained at any linked third party websites. This includes, but is not limited to, any claims that may arise relating to: (1) content containing errors or omissions; (2) the accuracy or reasonableness of factual or scientific assumptions, studies or conclusions; (3) the potentially defamatory nature of any statements; (4) the implication of copyright and/or other intellectual property rights; and (5) the violation of property, privacy and/or personal rights of others.
  4. Copyright of all content on this Website is owned by the Foundation or by a provider who has given permission to post their content. Content includes, but is not limited to all text, graphics, button icons, images, documents, audio clips, digital downloads, data compilations, software, third party content and resources. Commercial use of any content on the Website is strictly prohibited, unless prior written permission is received from the copyright owner. Commercial use is any use for which a party other than the rightful copyright holder receives payment for content; including, but not limited to, the outright sale of the Website’s content, repackaging the Website’s content in another medium for profit, use of the Website’s content as part of a training seminar for profit, and the adaptation of the Website’s content for use as a paid consultant. The images of people or places displayed on these websites are either the property of or licensed to the Foundation. The unauthorized use of these images is prohibited.
  5. This Website is provided on an “as-is” and “as available” basis. The Foundation, its employees, officers, trustees, and agents and providers assume no responsibility for, and expressly disclaim any liability resulting from, the use of any material contained on this Website. The Foundation makes no representations or warranties of any kind, express or implied, with respect to the operation of this Website or the information, content, materials, or products included on these websites. The use of this Website is at the Visitor’s sole risk. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this Website, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
  6. All applicable policies governing this website are construed and enforced in accordance with and shall be governed by, the laws of the Commonwealth of Massachusetts, exclusive of its conflicts of law rules and federal law. Visitors agree that any suit, action or proceeding instituted with respect to any actions resulting from the use of this Website shall be brought in any state or federal court located in the Commonwealth of Massachusetts and Visitors consent to the personal jurisdiction of such courts. Visitors irrevocably waive any objection to, and any right of immunity from, the jurisdiction of such courts or the execution of judgments resulting there from, on the grounds of venue or the convenience of the forum. If any term in this Agreement is held to be inconsistent with any present or future law, ruling, rule or regulation of any court or authority having jurisdiction over the subject matter of this Agreement, such provision will be deemed to be rescinded or modified to the minimum extent necessary to comply with such law, ruling, rule or regulation, and the remainder of this Agreement will not be affected thereby. This Website in no way should be construed as rendering any legal, accounting or any other project specific advice.
  7. The Foundation reserves the right to modify the terms of this Agreement at any time in its discretion. The terms of the Agreement in effect at the time of the Visitors’ use will be the operative terms governing the Visitor’s use of this Website.[1]

January, 2015

[1] The Foundation notes and thanks Enterprise Community Partners, Inc. from whose website certain of its terms of use have been adapted for these non-profit and non-commercial purposes of the Foundation.