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.
- 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”).
- Visitor: A person, business, or entity that visits The Philadelphia Foundation without registering as a Registered user.
- User: A Registered user or Visitor.
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;
- all information you submit in your registration and afterwards is truthful and accurate;
- 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.
6. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
- 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.
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 firstname.lastname@example.org.
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
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
14. CLAIMS MUST BE FILED WITHIN ONE YEAR
16. ENTIRETY OF AGREEMENT
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.
The headings of sections in this Agreement are provided for convenience only and will not affect its construction or interpretation.