TERMS & CONDITIONS

BACKGROUND:

This agreement applies as between you, the User of this Web Site (“User”) and The Amy Van Dyken Foundation, a non-profit corporation, the owner of this Web Site (hereinafter, “the Foundation” or “The Amy Van Dyken Foundation, a non-profit corporation,”).  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

1. Definitions and Interpretation. In this Agreement the following terms shall have the following meanings:

“Content”: any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Learning Establishment”: any provider of education to persons of any age including, but not limited to, schools, colleges, universities, trade schools and professional/adult- education providers;

“Service”: collectively, any online facilities, tools, services or information that The Amy Van Dyken Foundation, a non-profit corporation, makes available through the Web Site either now, or in the future;

“System”: any online communications infrastructure that The Amy Van Dyken Foundation, a non-profit corporation, makes available through the Web Site either now, or in the future.  This includes, but is not limited to, web-based email, message boards, live-chat facilities and email links;

“User”/“Users”: any third-party that accesses the Web Site and is not employed by  The Amy Van Dyken Foundation, a non-profit corporation, and/or acting on behalf of the Foundation; and

“Web Site” or “the site”: the website that you are currently using (www.amyvandyken.org) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Intellectual Property

2.1       Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Amy Van Dyken Foundation, a non-profit corporation, or its affiliates.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United States and International laws, regulations and policies related in any way to intellectual property, and the like.

2.2 Unless otherwise indicated on the Web Site or unless given express written permission to do so by  The Amy Van Dyken Foundation, a non-profit corporation, User(s) may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Web Site for personal or educational purposes only.  Specifically you agree that:

2.2.1 You will not use the Content of the Web Site for commercial purposes including without limitation to earn revenue, generate sales, promote a product or service or otherwise contribute to the generation of income of or for a person, trust, non-profit or business entity of any sort;

2.2.2 You will not systematically copy Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by  The Amy Van Dyken Foundation, a non-profit corporation,;

2.2.3 You may, as a student of a recognized Learning Establishment, use the Content of the Web Site for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment;

2.2.4 Employees of Learning Establishments may use the Content of the Website for teaching purposes subject to the following conditions:

a) No further consent is required for use in not-for-profit Learning Establishments.  This may include, but is not limited to, schools that charge no fees for tuition; and

b) For use in profit-making Learning Establishments, prior written consent is required.  This may include, but is not limited to, private schools charging fees, universities, trade schools and adult-education providers.

3. Third-Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.  This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Web Site.  Simply put, The Amy Van Dyken Foundation, a non-profit corporation, does not have the authority to grant User(s) permission to use the intellectual property of third-parties. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

 

4. Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of  The Amy Van Dyken Foundation, a non-profit corporation, or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them

5. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site The Amy Van Dyken Foundation, a non-profit corporation, without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of The Amy Van Dyken Foundation, a non-profit corporation,.  To find out more please contact us by email info@www.amyvandyken.org.

6. Use of Communications Facilities

6.1 When using the The Amy Van Dyken Foundation, a non-profit corporation,  comments and / or any other System on the Web Site you should do so in accordance with the following rules:

6.1.1 You must not use obscene or vulgar language;

6.1.2 You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

6.1.3 No Content that is intended to promote or incite violence;

6.1.4 It is advised that posts on comments and communications with The Amy Van Dyken Foundation, a non-profit corporation, are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

6.1.5 You must not post links to other web sites containing any of the above types of Content;

6.1.6 The means by which you identify yourself must not violate these terms of use or any applicable laws;

6.1.7 You must not engage in any form of commercial advertising.  This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;

6.1.8 You must not impersonate other people, particularly employees and representatives of  The Amy Van Dyken Foundation, a non-profit corporation, or our affiliates; and

6.1.9 You must not use our System for unauthorized mass-communication such as “spam” or “junk mail”.

6.2 You acknowledge that  The Amy Van Dyken Foundation, a non-profit corporation, reserves the right to monitor any and all communications made to us or using our System.

6.3 In order to use the comments and any other communication facility that may be added in the future on this Web Site, you are required to submit certain personal details.  By continuing to use this Web Site you represent and warrant that:

6.3.1 Any information you submit is accurate and truthful; and

6.3.2 You will keep this information accurate and up-to-date.

7. Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above

8. Disclaimers

8.1 The Amy Van Dyken Foundation, a non-profit corporation, makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.

8.2 While every reasonable effort has been made to ensure that information provided on this Web Site will be accurate and up-to-date, The Amy Van Dyken Foundation, a non-profit corporation, makes no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of our services.

8.3 All pricing information on the Web Site is correct at the time of going online.  The Amy Van Dyken Foundation, a non-profit corporation, reserves the right to change prices and alter or remove any special offers from time to time and as necessary.  All pricing information is reviewed and updated monthly.

8.3 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

8.4 The information on this Web Site is not designed with commercial purposes in mind.  Commercial use of the Content of this Web Site is forbidden under Clause 2.2.1 of these Terms and Conditions.  Any such use constitutes a breach of these Terms and Conditions and  The Amy Van Dyken Foundation, a non-profit corporation, makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

8.5 While every reasonable effort has been made to ensure that all descriptions of products and/or services available from The Amy Van Dyken Foundation, a non-profit corporation, correspond to the products and/or services actually available on the site, The Amy Van Dyken Foundation, a non-profit corporation, is not responsible for variations from these descriptions.

9. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis.  No warranty is made that the Service will be free of defects and/or faults.  To the maximum extent permitted by the law, The Amy Van Dyken Foundation, a non-profit corporation, makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and/or that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service and/or Web Site.

10. Limitation of Liability

10.1 The Amy Van Dyken Foundation, a non-profit corporation, accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

10.2 To the maximum extent permitted by law, The Amy Van Dyken Foundation, a non-profit corporation, accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

10.3 Nothing in these terms and conditions excludes or restricts The Amy Van Dyken Foundation, a non-profit corporation,’s liability for death or personal injury resulting from any negligence or fraud on the part of  The Amy Van Dyken Foundation, a non-profit corporation,.

10.4 While every reasonable effort has been made to ensure that these terms and conditions adhere strictly with relevant provisions of the applicable federal and state trade practices acts, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

 

11. Law and Jurisdiction

These terms and conditions and the relationship between you and The Amy Van Dyken Foundation, a non-profit corporation, shall be governed by and construed in accordance with the laws of The United States of America and/or the State of Arizona. In using the Web Site, you agree to submit to the exclusive jurisdiction of the Courts of The United States of America and/or the State of Arizona.  Moreover, you agree that the proper venue for any dispute which arises out of your use of the Web Site, your interaction with the Foundation and/or the purchase of merchandise therefore, including without limitation the very interpretation of this Agreement and/or the associated Privacy Policy, shall be Maricopa County, Arizona.

12.  Indemnification.

User agrees to hold harmless, defend and indemnify The Amy Van Dyken Foundation, a non-profit corporation, of and from any and all damages, costs, fees, losses, expenses, penalties, fines and/or claims which arise out of or relate in any way to the User’s culpable utilization of the Web Site and/or any of the content contained within the Web Site including without limitation the reimbursement of any and all costs of litigation or other methods of dispute resolution inclusive or a reasonable attorney’s fee from an attorney of the Foundation’s choosing. User’s above-described duty to indemnify The Amy Van Dyken Foundation, a non-profit corporation, shall not apply where the damages, losses, expenses, penalties, fines and/or claims which give rise to the subject litigation and/or alternative dispute resolution proceeding are the sole cause of an act and/or omission of the Foundation.