Terms of Use

Terms of Use

Except as otherwise provided in a written agreement signed by The Paul G. Allen Family Foundation (the "PGA Foundation") regarding your use of www.pgafamilyfoundation.org (the "Site"), the PGA Foundation is providing you access to the Site subject to these Terms of Use and the PGA Foundation's Privacy Policy. By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.

The PGA Foundation reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.

Disclaimer

THE PGA FOUNDATION PROVIDES THE SITE AND ITS SERVICES ON AN "AS-IS" BASIS. THE PGA FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY APPLICATION OR INFORMATION SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PGA FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, THE PGA FOUNDATION DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PGA FOUNDATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN.

Limitation of Liability

IN NO EVENT WILL THE PGA FOUNDATION BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE OPERATION OF THE SITE, ANY APPLICATION OR INFORMATION SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF THE PGA FOUNDATION IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PGA FOUNDATION'S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.

Links

The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than the PGA Foundation. The PGA Foundation provides these links solely as a convenience. The appearance of a link does not imply the PGA Foundation's endorsement, nor are the PGA Foundation responsible for the content of any linked site. You access linked sites at your own risk.

Eligibility

You must be 18 years or older to use the Site.

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein.

Submissions

The PGA Foundation welcomes your grant applications, as well as your comments and feedback regarding the Site and the services described therein. However, we do not want and cannot accept any applications, ideas, materials, or suggestions you consider to be confidential or proprietary. Accordingly, all applications, supporting materials, comments, feedback, ideas, suggestions, and other similar submissions disclosed, submitted, or offered to the PGA Foundation using the Site or otherwise, (collectively, "Submissions") are not confidential and, when submitted, will become the property of the PGA Foundation (with the exception of any intellectual property rights contained within any supporting materials provided by you with your grant application, which intellectual property rights will remain the property of their respective owners).

Processing of Applications

The PGA Foundation reserves the right, at any time, to modify, alter, update, or remove portions of its grant requirements and guidelines, without notice to you. Furthermore, notwithstanding anything to the contrary on the Site or otherwise, the PGA Foundation reserve the right to reject any grant application for any reason or for no reason in the PGA Foundation's sole discretion.

No Commitments

The PGA Foundation reserves the right to reject any Submission or request for information and/or to bar any user from the Site, for any reason, or for no reason, in the PGA Foundation's sole discretion.

General Proprietary Rights

The Site is owned by the PGA Foundation and contains material that is derived in whole or in part from the PGA Foundation and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code and software, without the PGA Foundation's express written permission.

Copyright

All site design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of the PGA Foundation, or its content suppliers, and are protected by U.S. and other international copyright laws, © 2010 The Paul G. Allen Family Foundation. ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other material on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing on the Site is in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Trademarks

"The Paul G. Allen Family Foundation" and all logos associated with such name are trademarks of the PGA Foundation. They may not be used in connection with any product or service other than those services offered by the PGA Foundation, in any manner that is likely to cause confusion, or in any manner that disparages or discredits the PGA Foundation.

Notice of Potential Infringement. To notify the PGA Foundation of any suspected infringement, please contact us at info@pgafamilyfoundation.org.

Applicable Law

The PGA Foundation operates the Site from Seattle, Washington, United States of America. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Washington without regard to any conflict of law provisions.

Disputes

You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the state or federal courts of King County, Seattle, Washington, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

Termination

These Terms of Use shall remain in force until terminated by the PGA Foundation. The PGA Foundation may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that the PGA Foundation, in its sole discretion, believes is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the disclaimers, limitations of liabilities, Submissions provision, intellectual property rights provision, choice of law provision, and venue provision set forth in these Terms of Use shall survive.

Miscellaneous

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.