PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. We have established the following Terms of Use that we require all our visitors to follow when using our site. In these Terms of Use, the word “we” refers to The Nicholson Foundation, and the phrase “our site” refers to our web site located at http://www.thenicholsonfoundation.org/.
Your Agreement
You understand that by using our site, you are agreeing to be bound by these Terms of Use. Please do not use our site if you do not agree with these Terms of Use. We may change these Terms of Use at any time. Your continued use of our site after we have posted changes to these Terms of Use means that you agree to be bound by the changes, so please check the Terms of Use regularly for any changes.
Use of Our Site
You may not use our site for any unlawful purpose, or for any other purpose that is prohibited by these Terms of Use. Also, you may not interfere or attempt to interfere with the proper operation of our site, including through the use of any device, software or routine, or access or attempt to gain access to any data, files or passwords related to our site through hacking, password mining or any other means. We reserve the right, in our sole discretion, to deny you access to our site, or any portion of our site, without notice.
Communications to The Nicholson Foundation
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information, without any obligation to pay any fees or other consideration to you.
Privacy Policy
Please refer to our privacy policy with respect to information that we may collect from you when you use our site and how we use this information.
Linking and Framing
You may not place a link to our site on any other web site, or frame our site within another web site, without our prior written permission.
Intellectual Property Rights in the Site
Our site contains various information in the form of data, text, graphics, and other materials that belongs to The Nicholson Foundation or its licensors (the “Content”). You acknowledge that our site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide 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 Nicholson Foundation or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, any 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. However, you may print a single copy of the Content for your own personal use, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.
Trademarks
The trademarks, service marks, trade names and logos (collectively, the “Trademarks”) used and displayed on our site are registered and unregistered trademarks of ours or our licensors. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of ours and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not authorized by us, in any manner that is likely to cause confusion, or in any manner that disparages or discredits us. The Trademarks used and displayed on our site are and shall remain the sole property of us or our licensors. Nothing in these Terms of Use shall be construed as granting, by implication, estoppel or otherwise, any license, ownership right, or right to use any Trademarks used or displayed on our site. The misuse of the Trademarks displayed on our site, or any other Content on our site, is strictly prohibited.
Links to Third Party Web Sites
Our site may contain links to third party web sites. Any such links are provided for your convenience only. We do not control those web sites, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those sites, nor do we endorse or make any representations with respect to the contents of those sites or any products or services offered on or through those sites.
Warranty Disclaimer
Our site and the Content, materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. Neither we nor any of our affiliates assume any responsibility for the accuracy of any information contained on our site, for any interruptions or errors in accessing our site, or for any viruses or other harmful components contained on our site or the server from which our site is made available. Neither we nor any of our affiliates make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. WE AND OUR AFFILIATES DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR OUR AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO OUR SITE OR RESULTING FROM ACCESS TO OR OTHER USE OF OUR SITE OR RELIANCE ON ANY INFORMATION PRESENTED ON OUR SITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold us and our officers, directors, members, managers, employees, agents, affiliates, suppliers, successors and assignees harmless from and against any and all claims, liabilities, damages, losses and expenses (including without limitation reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with your access to or other use of our site.
Governing Law and Jurisdiction
These Terms of Use, and all matters arising directly or indirectly from your access to or other use of our site, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You hereby submit to the exclusive jurisdiction of the state and federal courts located in the State of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of these Terms of Use, and that provision and these Terms of Use generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in these Terms of Use.
Entire Agreement
These Terms of Use (including the Privacy Policy) constitute the entire agreement between you and us with respect to our site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our site.
Thank you for your cooperation. We hope that you find our site helpful and convenient to use. Questions or comments regarding our site, including any reports of non-functioning links, should be submitted to info@thenicholsonfoundation.org.