Acceptance of the Terms and Conditions

This Terms of Use Agreement (this “Agreement”), states the terms and conditions under which you may use this web site (the “Site”).  Please read this Agreement carefully.  This Site contains various information relating to Foundation 45 (“Foundation 45” or “We”) in the form of text, graphics, news, reports, and other materials (tangible or intangible) (“Content”).  By accessing, browsing and/or using this Site you acknowledge that you have read, understood and agree to be legally bound by this Agreement.  If you do not accept this Agreement (and therefore do not agree to by bound by this Agreement), do not use this Site. We reserve the right to amend this Agreement at any time by posting the amended terms on our Site.

Restrictions on Use of Materials

You acknowledge that this Site contains Content that is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of the Foundation 45 or any other party (each a “Contributor”) who has been involved in the preparation or publication of the Content.

You shall at no time assert any claims of ownership over any content by reason of your use of or any right to use this Site and shall not grant or create or suffer to exist any lien or other security interest arising therefrom.  You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Content.  You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.  You may print copies of the Content, provided that these copies are made only for personal, non-commercial use and that you maintain any notices contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark legends, or other proprietary rights notices.

You shall not store electronically any significant portion of any Content. Foundation 45 authorizes you to view and use the Content on this Site solely for your personal, noncommercial use. The use of the Content on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without the Foundation 45’s prior written approval.

For permission to use content from this website or from a newsletter authored and distributed by the Foundation 45, request written permission and provide full attribution. Permission should be requested by contacting:

Jennifer Shinn, Foundation 45
PO Box 151532, Dallas, TX 75315
Jennifer@Foundation45.org

Copyright Complaints

The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act is:

Jennifer Shinn, Foundation 45
PO Box 151532, Dallas, TX 75315
Jennifer@Foundation45.org

Disclaimer of Warranty

The content provided on this website is provided as a service to members of the public.  Information presented on this website if provided for information purposes only.  No information on this website constitutes medical or psychiatric advice, nor does it create a counselor-patient relationship between Foundation 45 and any other party.

You acknowledge and agree that this site and the content therein are provided on an “as is” and “as available” basis.  Neither Foundation 45, nor any of its members, affiliates, directors, employees or agents guarantee the accuracy, completeness of usefulness of the content.

Foundation 45 provides no warranties that this site will be uninterrupted or error free or that this site, its server or any files available for downloading through this site are free of computer viruses or other harmful elements.  You expressly agree that the entire risk as to the quality and performance of the site and the accuracy or completeness of the content is assumed solely by you.

Limitation of Liability

Under no circumstances will Foundation 45 be liable for any loss or damage caused by your reliance on information obtained through the content of the website.  It is your responsibility to evaluate the accuracy, completeness or usefulness of any information or content available through the website.

In no event shall Foundation 45 be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the content, service or this agreement, whether based on warranty, contract, tort or any other legal theory.

Your sole and exclusive remedy for dissatisfaction with the site is to stop using the website.

 

Links to Other Sites

As a convenience to you, this Site may periodically provide links to third party websites through links available on this Site including websites of entities that are not affiliated with Foundation 45 (“Third-Party Sites”) where we feel it is appropriate. Lists of links are not complete lists of relevant and/or useful internet resources.  Our decision to link to a Third-Party Site is not an endorsement of the content in that linked Third Party Site. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY WEB SITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF SUCH CONTENT) ON ANY THIRD PARTY WEB SITES, AND FOUNDATION 45 SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.  You should take precautions when downloading files from all Sites to protect your computer from viruses and other destructive programs.  If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns to the Third-Party Sites’ administrator or webmaster.

 

Use of Personally Identifiable Information

Because Foundation 45 uses standard web logging in its servers, our server may automatically recognize your IP address, what page within the Site you request, the time of the request, along with a variety of information supplied by your browser.

In addition, Foundation 45 may collect personal information such as email addresses, name, phone, address and other information volunteered by you through submission forms and e-mail addresses published to the Site.

Foundation 45 uses “cookies” to track Users’ activities on the Site and allow for a customized user experience. Cookies are small files that a server transfers to the hard drive of someone who visits a site and that the server can access when the person returns to the site.

The communications between you and foundation 45 may pass through many machines, operating systems, programs, browsers, Web servers, networks, routers, Ethernet switches, Internet service providers, proxy servers, intranets, the public phone system, or other devices (collectively, “Devices”) on your premises, at Foundation 45, and in between. Some of these Devices create logs of activities that are recorded on computer systems.

Termination

Foundation 45 reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of our Site or the Content, at any time and for any reason without prior notice or liability. Foundation 45 reserves the right to change, suspend, or discontinue all or any part of this Site or the content at any time without prior notice or liability.

User Must Comply with Applicable Laws

This Site is based in Dallas, Texas.  Foundation 45 makes no claims concerning whether the Content may be downloaded or are appropriate for use outside of the United States.  If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Miscellaneous

In the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect.  The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the Agreement. Foundation 45’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.  Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement.

The Agreement shall be governed by and construed in accordance with the laws of the State of Texas in the United States. Any action relating to the Content, Site or this Agreement must be brought in the federal or state courts located in Dallas, Texas, and you hereby irrevocably consent to the jurisdiction of such courts.  Any cause of action you may have with respect to the Content, Site or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or be barred. This Agreement contains the entire agreement of the parties for this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation.

Changes to Terms of Use

Foundation 45 will make all changes to this Terms of Use available on the Site, at the address: www.foundation45.org/terms-of-use.

The publication date of the Terms of Use will appear on the bottom of the website for your reference.

Terms of Use Publication Date 8/3/2016