TERMS OF USE
This is a contract between you and the M. Night Shyamalan Foundation, a charitable trust existing under the laws of the Commonwealth of Pennsylvania with offices at 1055 Westlakes Drive, Ste. 300, Berwyn, PA 19312 (“the Foundation,” “we” “us” “our”) regarding use of the Foundations website, www.mnsfoundation.org (the “website”). By using this website, you agree that you and any entity you represent are bound by and will comply with this Terms of Use (this “Agreement”). If you do not agree with the terms and conditions of this Agreement, please exit and do not use this website.
1. CONTENT OF THE WEBSITE
The Foundation makes a substantial effort to provide accurate and complete information on the website, but we do not guarantee its accuracy.
Copyright and other intellectual property laws and treaties protect the software and content associated with the website. We retain ownership of the title, copyright, and other intellectual property rights in all our software and our content provided on the website (“Content”). The Content is licensed and not sold to you. You do not have ownership rights to the Content, and you do not have the right to reproduce, modify, distribute or display the Content without the Foundations written consent. The license granted to you under this section will terminate when you cease viewing the website.
2. GRANT APPLICATION
Grant applications may be submitted through the website. It is your responsibility to verify that your application has been successfully transmitted to the Foundation. We are not responsible for any technical difficulties you may encounter. Grant applications can be submitted by mail to the address listed above. Submission of an application does not guarantee an award. Grant applications will be evaluated and grants will be awarded at the sole discretion of the Foundation.
3. WE MAKE NO WARRANTY
WE PROVIDE THIS WEBSITE “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. YOU CARRY THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY OF THE WEBSITE. WE PROVIDE NO ASSURANCE OR WARRANTY AND WE CARRY NO DUTY OR CONDITION REGARDING FUNCTIONALITY, PRIVACY, SECURITY, ACCURACY, AVAILABILITY, LACK OF NEGLIGENCE, INTERRUPTION, VIRUSES OR OTHER HARMFUL CODE OR TRANSMISSION. OUR SITE MAY CONTAIN LINKS TO OTHER WEBSITES. WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON LINKED WEBSITES, AND WE DO NOT INVESTIGATE, MONITOR OR CHECK FOR ACCURACY OR COMPLETENESS. INCLUSION OF ANY LINKED WEBSITE DOES NOT IMPLY THAT WE APPROVE OR ENDORSE IT. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. YOU AGREE, WITHOUT LIMITATION, TO BE SOLELY RESPONSIBLE FOR ALL DAMAGES OF ANY KIND RESULTING FROM YOU USE OF THE WEBSITE. 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.
4. LIMITATION ON LIABILITY
You agree, to the full extent allowed by the law, that the Foundation (and its trustees, officers, directors, managers, agents, partners, donors, affiliates, and employees) will not be liable to you or anyone else for any consequential, special, indirect, or incidental damages, including but not limited to lost profits or business opportunities, whether or not any limitation on any remedy included herein is deemed to fail of its essential purpose.
5. INDEMNIFICATION
You agree to indemnify and hold the Foundation (and its trustees, officers, directors, managers, agents, partners, donors, affiliates, 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 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 Agreement.
6. PRIVACY
Our Privacy Policy is part of and incorporated into this Agreement. [Insert brief summary of privacy practices once we speak with the programmers.]
7. CHANGES TO AGREEMENT
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time. We will post any changes to this Agreement on the website. It is your responsibility to check the website regularly to determine if there have been changes to this Agreement. If you do not agree to the changes, stop using the website. If you continue using the website, then your use of the website will continue under this Agreement as modified.
8. CLAIMS MUST BE FILED WITHIN ONE YEAR
Any claim related to this Agreement must be brought within one year. This one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors and assigns.
9. SEVERABILITY
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is determined to be unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
10. CHOICE OF LAW AND JURISDICTION
This Agreement will be governed by the laws of the Commonwealth of Pennsylvania, USA without reference to conflict of laws principles, except where you are required by law or regulation to contract for application of the laws of your local jurisdiction.
You consent to the exclusive jurisdiction and venue of state or federal courts in Philadelphia, Pennsylvania, USA for all disputes related to this Agreement. You may only sue us in Pennsylvania. You cannot revoke this consent.