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TERMS OF USE AGREEMENT

By using this website, you agree to be bound by and to comply with the terms and conditions of this Terms of Use Agreement (this “Agreement”).  If you do not agree with the terms and conditions of this Agreement, please exit and do not use this website. 

1.  Modification of Agreement.  The Philadelphia Foundation reserves the right to modify this Agreement at any time without providing you notice of any modification. If any terms or conditions contained in this Agreement are modified, the modified agreement will be posted on this website.  Your use of this website following any modification to this Agreement constitutes your agreement to follow and be bound by this Agreement as modified.  As a result, you should periodically review the terms and conditions of this Agreement.

2.  Use of Website. You may use this website only for your own lawful personal, non-commercial and non-public use. You shall 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.  You also shall not modify or attempt to modify any of the contents of this website.

3.  Links to Third Party Websites.  Any links on this website to third party websites are provided solely for your convenience. If you use any such link to a third party website, you will leave this website and will be subject to the terms of use and the privacy policy applicable to such website.  These links do not constitute or imply any endorsement, sponsorship or recommendation by The Philadelphia Foundation of any third party, its website or any of the contents of such website.  The Philadelphia Foundation is not responsible or liable for any linked website or for the accuracy or reliability of any information provided on any linked website. The use of any linked website or any of the contents of any such website shall be at your own risk. 

4.  No Advice. The Philadelphia Foundation is 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.

5.   Intellectual Property Rights.  This website and the contents of this website are copyrighted and may be used only as permitted by this Agreement.  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.

6.  Exclusion of Warranties.  The Philadelphia Foundation makes no representations or warranties as to the accuracy, reliability, completeness or legality of any information on this website and assumes no liability or responsibility for any errors or omissions in the contents of this website. Without limiting the foregoing, this website and everything on this website are provided to you "AS IS" without warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

7.  Limitation of Liability.  Your access and use of this website and any contents of this website is at your own risk.   The Philadelphia Foundation assumes no liability or responsibility for any loss of data or any damage to, or anything that may infect, your computer or any other property as a result of your accessing or using this website or any contents of this website or downloading anything from this website.  Notwithstanding anything in this Agreement or otherwise, neither The Philadelphia Foundation nor any affiliate, officer, agent, director, employee, vendor or licensor of The Philadelphia Foundation, or any party involved in creating or producing any portion of this website or any of the contents of this website or involved in operating this website, shall be liable for loss of profits, loss of business, loss of or damage to goodwill, or indirect, exemplary, punitive or consequential damages, whether in contract, tort, strict liability or other legal or equitable theory or otherwise.  You, together with your personal representatives, assigns, heirs, and next of kin, hereby absolutely and forever release The Philadelphia Foundation its assigns, predecessors-in-interest, successors-in-interest, affiliates, officers, agents, directors, employees, vendors and licensors, and any parties involved in creating or producing any portion of this website or any of the contents of this website or involved in operating this website (collectively the “Releasees”) from any and all losses, claims, damages, liabilities, obligations, penalties, judgments, awards, costs, expenses, and disbursements arising out of or related to this Agreement or the access or use of this website or any content of this website by you and covenant not to sue any Releasee for any losses, claims, damages, liabilities, obligations, penalties, judgments, awards, costs, expenses, and disbursements arising out of or related to this Agreement or the access or use of this website or any content of this website by you.

8.  Indemnification.  You agree to hold harmless The Foundation and its directors, officers, employees, and agents from and against any and all claims, actions, and proceedings and any and all costs, fees (including attorneys fees), expenses, settlements, and judgments that result from your breach of these Terms or your access and use of the site or failure to abide by applicable law.

9.  Privacy Policy.  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 hereby made a part of this Agreement.

10.  Entire Agreement.  This Agreement represents and contains the entire agreement of the parties relating to the subject matter hereof.  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.

11.  Invalidity.  If any provision of this Agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect.

12.  Choice of Law.  This agreement and its performance shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Philadelphia, Pennsylvania for all disputes arising out of or related to this Agreement or the use of this website or the use of any content of this website.  You may not revoke this consent.

13.  Statute of Limitations.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the access or use of this website or any content of this website must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14.  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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