Terms of Use Agreement

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. IT LIMITS THE PHILADELPHIA FOUNDATION'S LIABILITY AND YOUR REMEDIES.

1. CONTRACT

This is a contract between you and The Philadelphia Foundation, a charitable trust with offices located at 1835 Market Street, Suite 2410, Philadelphia Pennsylvania 19103-2968. “We,” “our,” and “The Philadelphia Foundation” means The Philadelphia Foundation and its successors and assigns. This contract covers your use of the Philadelphia Foundation Services (defined below). By checking the box next to "I agree to the Terms of Use Agreement" and clicking "SUBMIT," you agree to be bound by this Terms of Use Agreement. If you do not agree to this Terms of Use Agreement, check the box next to "I do not agree to the Terms of Use Agreement" and click "SUBMIT.” Your registration will be discontinued and you will not be permitted to access or use the Services (defined below) available to Registered users (defined below). You may not use or access The Philadelphia Foundation Services if you are under age 13.

This contract limits our liability.

This contract also limits your remedies. We do not provide any warranties for The Philadelphia Foundation Services (defined below). Please read Sections 5 and 6 carefully. They contain these limitations.

2. DESCRIPTION OF SERVICES

The Philadelphia Foundation is a charitable trust that helps individual, families, businesses and organizations establish and manage permanent charitable funds to help our region meet the challenges of changing times. The Philadelphia Foundation Services (defined below) are hosted in the United States.

3. DEFINITIONS

  • The Philadelphia Foundation Services: The services offered by The Philadelphia Foundation include The Philadelphia Foundation website (“The Philadelphia Foundation website”) and any other features, content, or applications offered from time to time by The Philadelphia Foundation in connection with The Philadelphia Foundation website (collectively, “The Philadelphia Foundation Services”).
  • Registered user: A person, business, or entity that agrees to this Terms of Use Agreement. You may not use or access The Philadelphia Foundation Services if you are under age 13.
  • Visitor: A person, business, or entity that visits The Philadelphia Foundation without registering as a Registered user.
  • User: A Registered user or Visitor.
  • Additional Terms and Conditions: This Terms of Use Agreement incorporates The Philadelphia Foundation's Privacy Policy. In order to access or use some of The Philadelphia Foundation Services, you may be notified that you are required to agree to additional terms and conditions. If you participate in or use those The Philadelphia Foundation Services, you agree to be bound by those additional terms and conditions.

4. USER REPRESENTATIONS, WARRANTIES, AND COVENANTS

You represent, warrant, and covenant that:

  • if you are an individual, you are 13 years of age or older;
  • if you are a business or entity, you are a lawfully organized business or entity;
  • you will use The Philadelphia Foundation Services only for lawful, non-commercial, non-deceptive purposes authorized by this Terms of Use Agreement;
  • all information you submit in your registration and afterwards is truthful and accurate;
  • if acting on behalf of a business or entity, you are the legal owner or authorized agent of the business or entity, and that you have the authority to bind the business or entity to this Terms of Use Agreement and to participate in or use The Philadelphia Foundation Services;
  • you will update your registration information when needed to keep it accurate and current;
  • your use of The Philadelphia Foundation Services will not violate any applicable law, regulation or ordinance;
  • You will not take any action or use this website in any way which might interfere with the security of this website, interfere with the accessibility of this website or any of its contents, or cause damage to this website or any of its contents; and
  • You will not modify or attempt to modify any of the contents of this website.

5. WE MAKE NO WARRANTY

We provide The Philadelphia Foundation Services "as is," "with all faults," and "as available." We give no express warranties or guarantees. To the extent permitted by law, we exclude and disclaim all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so some or all of these limitations may not apply to you.

  • Liability: We are not responsible, under any circumstances, for any loss or damage, including personal injury or death, resulting from participation in or use of The Philadelphia Foundation Services, attendance at a The Philadelphia Foundation event, from any content posted on or through The Philadelphia Foundation Services, or from the conduct of any Users of The Philadelphia Foundation Services, whether online or offline.
  • Content: We are not responsible for the accuracy, reliability, completeness or legality of any information on this website and we assume no liability or responsibility for any errors or omissions in the contents of this website. We are not providing you with any advice on this website, including but not limited to any financial planning or tax advice. You should consult with an appropriate professional, such as a financial planner or tax attorney, on the tax consequences of any charitable gift.
  • Links to Other Sites: The Philadelphia Foundation website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed, and we do not investigate, monitor or check for accuracy or completeness. Inclusion of any linked website on The Philadelphia Foundation Services does not imply that we approve or endorse it. When you access these third-party sites, you do so at your own risk.
  • Users: We are not responsible for the conduct, whether online or offline, of any User of The Philadelphia Foundation Services.
  • User Communications: We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction or unauthorized access to, or alteration of, any User communications.
  • Technical or Computer Issues: We cannot guarantee continuous or secure access to The Philadelphia Foundation Services. Operation of The Philadelphia Foundation website or The Philadelphia Foundation Services may be disrupted or interfered with by numerous factors both within and outside of our control. The data stored on our servers may be corrupted, lost, or otherwise impaired. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or other system due to technical problems or traffic congestion on the Internet or on any of The Philadelphia Foundation Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with The Philadelphia Foundation Services.
  • Use by Minors: While this Terms of Use Agreement prohibits use by minors under age 13, we do not have the means to prevent minors from using or accessing The Philadelphia Foundation Services without authorization. We rely on your representations, warranties, and covenants.

6. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

If The Philadelphia Foundation should be found liable despite the terms of this Terms of Use Agreement, your exclusive remedy is to terminate this Terms of Use Agreement and to recover damages actually and directly incurred up to $100. You can only recover from The Philadelphia Foundation up to $100 and nothing more. You agree that you will not need to recover any other damages. Consequential, special, indirect, or incidental damages, including lost profits or business opportunities are hereby disclaimed by you, whether or not advised of such possibility and whether or not any limitation on any remedy included herein is deemed to fail of its essential purpose. This limitation applies to all causes of action in the aggregate, including, without limitation, to:

  • claims for breach of contract, breach of warranty or guarantee, consumer protection, consumer fraud, unfair competition, strict liability, negligence, fraud, or other tort to the extent permitted by applicable law.
  • any matter related to The Philadelphia Foundation Services;
  • any matter related to content or intellectual property (including code) on third-party websites, third-party programs or third-party conduct;
  • any matter related to viruses or other disabling features that affect your access to or use of The Philadelphia Foundation Services;
  • any matter related to incompatibility between The Philadelphia Foundation Services and other services, software and hardware; and
  • any matter related to delays or failures you may have in initiating, conducting, or completing any transmissions or transactions in connection with The Philadelphia Foundation Services in an accurate or timely manner.

It also applies even if:

  • this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
  • we knew or should have known about the possibility of damages.

Some states do not allow the exclusion or limitation of incidental, consequential, or other damages, so the above limitations or exclusions may not apply to you.

7. INDEMNIFICATION

You agree to indemnify and hold The Philadelphia Foundation (and its officers, directors, registered users, managers, agents, affiliates, joint venturers, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Terms of Use Agreement, or your violation of any law or regulation or the rights of a third party. This obligation will survive and continue after termination of this Terms of Use Agreement.

8. TERMINATION

We reserve the right, in our sole discretion, to terminate you as a Registered user, or to restrict, suspend, or terminate your access to all or any part of The Philadelphia Foundation Services at any time, for any or no reason, without notice, and without liability, and without waiving any other rights or remedies.

We may limit, suspend, or terminate any The Philadelphia Foundation Service at any time without notice and without liability.

You may initiate the termination of your Registered usership by sending an email to info@philafound.org.

9. PASSWORD

If you have a donor central account, you will be provided a password which you can change at any time. You agree to keep your password confidential and not to disclose it to any third party. You agree not to use the account, username, or password of another Registered user at any time. You are solely responsible for any and all use of your account and the protection of the security of your password.

10. INFORMATION THAT WE COLLECT ABOUT YOU

Click here to see the full text of the Privacy Policy for this website. You agree to the terms of the Privacy Policy, which are made a part of this Agreement.

11. NOTIFYING THE PHILADELPHIA FOUNDATION

You may contact us by email in connection with any of The Philadelphia Foundation Services by email, but this will not be legal notice. We do not accept legal notice by e-mail. Legal notices should be sent to our mailing address: The Philadelphia Foundation, Suite 2410, 1835 Market Street, Philadelphia Pennsylvania 19103-2968.

12. NOTICES FROM THE PHILADELPHIA FOUNDATION

We will send you certain notices in connection with The Philadelphia Foundation Services. There may be other information regarding The Philadelphia Foundation Services that the law requires us to send you. We may send you this information in electronic form via e-mail or online posting. You have the right to withdraw your consent to electronic notice, but if you do, we will terminate your Registered usership. We may provide required information to you:

  • by e-mail at the e-mail address specified when you become a Registered User;
  • by access to a The Philadelphia Foundation website that will be designated in an e-mail notice sent to you at the time the information is available; or
  • by access to a The Philadelphia Foundation website that will be generally designated in advance for this purpose.

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. If you do not consent to receive any notices electronically, you must stop using The Philadelphia Foundation Services.

13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

You agree that claims for the enforcement or breach of this Terms of Use Agreement will be governed by the laws of the Commonwealth of Pennsylvania, USA without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be governed by the laws of your state or province of residence in the United States and Canada, or, if you reside outside of the United States or Canada, the laws of the Commonwealth of Pennsylvania, without reference to conflict of laws principles.

You consent to the exclusive jurisdiction and venue of state or federal courts in Philadelphia, Pennsylvania, USA for all disputes related to this Terms of Use Agreement or The Philadelphia Foundation Services. You may only sue us in Philadelphia, Pennsylvania. You cannot revoke this consent.

14. CLAIMS MUST BE FILED WITHIN ONE YEAR

Any claim related to this Terms of Use Agreement or The Philadelphia Foundation Services must be brought within one year. This one-year period begins on the date when the claim first could be filed. If not filed within one year, that claim is permanently barred. This applies to you and your successors and assigns.

15. SEVERABILITY

This Terms of Use Agreement operates to the fullest extent permissible by law. If any provision of this Terms of Use Agreement is determined to be unlawful, void, or unenforceable, that provision is deemed severable from this Terms of Use Agreement and does not affect the validity and enforceability of any remaining provisions.

16. ENTIRETY OF AGREEMENT

This Terms of Use Agreement and the Privacy Policy it incorporates, as modified or supplemented by The Philadelphia Foundation from time to time, constitutes the entire agreement between you and us regarding the use of The Philadelphia Foundation Services. Failure by The Philadelphia Foundation to enforce any rights under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by The Philadelphia Foundation in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

If you do not agree to the terms of this Terms of Use Agreement, you should leave The Philadelphia Foundation website and discontinue use of The Philadelphia Foundation Services immediately.

17. CHANGES TO THIS TERMS OF USE AGREEMENT

It is your responsibility to check this Web page regularly to determine if there have been changes to this Terms of Use Agreement. If you do not agree to the changes, then you must cancel your Registered usership and stop using The Philadelphia Foundation Services before the changes become effective. If you continue using The Philadelphia Foundation Services, then your use of The Philadelphia Foundation Services will continue under this Terms of Use Agreement as modified.

18. INTELLECTUAL PROPERTY RIGHTS

This website and the contents of this website are copyrighted and may be used only with our written permission. The trademarks, trade names, logos and service marks (collectively the "Trademarks") displayed on this website are Trademarks of The Philadelphia Foundation and others. You are prohibited from using any Trademark displayed on this website without the written permission of the owner of such Trademark. The Philadelphia Foundation retains all of its intellectual property rights in this website and the contents of this website and no right, title or interest in any content of this website is transferred to you. The Philadelphia Foundation does not represent or warrant that your use of this website or any contents of this website will not infringe rights of third parties.

19. HEADINGS

The headings of sections in this Agreement are provided for convenience only and will not affect its construction or interpretation.

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