ROBERT B. MCMILLEN FOUNDATION
WEB SITE TERMS AND CONDITIONS
By accessing or using the Foundation Web site (the “Site”) you accept and agree to be bound by these terms and conditions (the “Terms”). Please read the Terms carefully, and if you do not agree, please do not access or use the Site. The Foundation may modify the Terms from time to time, effective upon posting to the Site, or such other period as required by law, and your continued access or use of the Site constitutes acceptance of such modifications of the Terms.
All text, photos, graphics and other content used on or accessed through the Site and the Foundation trademarks and logos used on the Site are the property of the Foundation, or are used with the consent of the legal owner. Other trademarks and company names used on the Site may be subject to trademark or other rights of third parties. The Foundation grants you a personal, non-transferable, non-exclusive license to access and use the Site and to download and print a single copy of the content from the Site solely for your personal use, or in strict accordance with instructions on the Site. The Site content may not be reproduced or used in any manner other than under this limited license. The Foundation welcomes suggestions for improving the Site and our services. By submitting a suggestion, you acknowledge and agree that (a) the Foundation may, but has no obligation to, use it without payment or other compensation to you of any kind; and (b) you waive any rights you may have in the suggestion, and agree not to permit or prosecute any action or lawsuit on the ground that our use of the suggestion constitutes an infringement of your rights.
THE SITE AND THE SITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE"; AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOUR USE OF THE SITE
You are solely responsible for obtaining and maintaining all telephone, hardware, software and other equipment necessary to access and use the Site, including all related expenses. You agree not to use the Site in any manner so as to (a) adversely affect the Site’s resources or the availability of the Site to others; (b) violate any local, state, national or international law; and/or (c) delete or revise any content on the Site. You further agree not to use the Site to harass any other person or to collect or store personal or business information about other visitors.
As a service to you, the Foundation may provide links on the Site to other Web sites or resources over which the Foundation has no control. The Foundation has no responsibility or liability whatsoever for the content, advertising, products or any other material or information accessed through such links, or the privacy policies of such sites, and inclusion of such links on the Site does not imply an endorsement of any content, product, service or information available through a link.
These Terms remain in effect until terminated by either you or the Foundation. If you or the Foundation terminate these Terms for any reason, you must immediately discontinue all access and use of the Site and the Site content. The Foundation may, in its sole discretion, discontinue providing the Site, in whole or in part, and with or without notice to you. The Foundation shall have no liability to you or any third party for any termination of the Site or access to the Site.
LIMITATION OF LIABILITY
THE FOUNDATION, AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT PROVIDED ON OR DOWNLOADED OR ACCESSED THROUGH THE SITE, OR ANY DELAY OR INABILITY TO USE OR ACCESS THE SITE, OR ANY INFORMATION, DATE OR OTHER CONTENT PROVIDED ON OR THROUGH THE SITE, OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE MATERIALS, DATA OR CONTENT PROVIDED ON OR THROUGH THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES., AND WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE, OR ANY OTHER LEGAL THEORY.
WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH BELOW, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE FOUNDATION’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE FOUNDATION’S LIABILITY EXCEED $50.00.
This Site is controlled and operated by the Foundation from its headquarters in Issaquah, Washington, U.S.A. The Foundation makes no representation that any content or any other material or information accessed on or through the Site are appropriate or available for use in other locations. If you access this Site from a location outside the United States of America, you do so on your own initiative and are responsible for compliance with all laws of your jurisdiction.
These Terms, and any dispute that may arise between you and the Foundation shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without regard to conflict of laws principles. The Terms, as they may be amended from time to time, set forth the entire understanding of you and the Foundation as to the Site and other subject matter herein. You irrevocably consent to the exclusive jurisdiction of and venue in the courts of King County, Washington, U.S.A. for any all disputes arising out of or relating to the Terms and/or the Site.
If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of the Foundation.
These Terms constitute a written agreement between you and the Foundation, and a printed version of these Terms, and of any electronic notice pertaining to these Terms, shall be admissible in any judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.
Questions about these Terms or the Site? Please contact:
P.O. Box 176
Cle Elum, WA 98922