Website Terms & Conditions of Use

The Barbara McDowell and Jerry Hartman Foundation (the “Foundation”) welcomes you to this website (the “Website”). The Website is provided to you under these Terms & Conditions of Use and any amendments or supplements to them that may be posted from time to time.

These Terms & Conditions shall apply to: (a) any and all material and services offered on or through this Website; and (b) all web pages, data, text, images, photographs, graphics, audio, video, and documents including, without limitation, marketing materials, press releases, and other information and content available on or through or submitted on or through this Website.

By accessing the Website, you acknowledge that you have read and understand these Terms & Conditions, accept them, and agree to be legally bound by them. You should not use the Website if you have any objections to any of these Terms & Conditions.

The Foundation may revise these Terms & Conditions and the Privacy Policy over time as new features are added to the Website or as Internet law and standards evolve. We will post these changes but recommend that you read these Terms & Conditions periodically when you visit the Website.

Your continued participation on this Website indicates your acceptance of these Terms & Conditions, including your acceptance of the Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information (as defined in the Privacy Policy).

If you have any objections to any of these Terms & Conditions, you should immediately discontinue use of the Website.

Use of the Site

You agree that you will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Website, that you will not transmit any virus or worm to the Website, that you will not use any spider, robot or any other automated mechanism to access the Website and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Website. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

Children’s Privacy

Protecting the privacy of the very young is especially important. We never collect or maintain information at the Website from persons we know to be under age 13, and no part of our Website is designed to attract anyone under age 13. Please do not communicate with or contact us if you are under age 13. By your participation in our Website activities, you certify that you are at least 13 years of age and meet any other eligibility requirements of the Website.

Privacy

Click here for our full Privacy Policy.

Copyright and Permissions

Please feel free to browse the Website. In general, and unless otherwise posted, you may review and print copies of material from the Website, provided that the material (1) is used only for non-commercial purposes, and (2) retains, without alteration, all copyright, trademark, and other proprietary notices displayed on the material as posted on the Website.

You are not permitted to make or distribute copies of material on the Website for any commercial purpose without prior written permission from the Foundation.

None of the material contained on the Website (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of the Foundation.

Except as otherwise noted, all content of the Website is:

Copyright © 2017 Barbara McDowell & Jerry Hartman Foundation
 All Rights Reserved

The Foundation has a policy of terminating services to users who willfully and/or repeatedly infringe.

For further information regarding permission to use material from the Website, please contact us at mcdowellfoundation@mcdowellfoundation.org.

Trademarks

The trademarks/service marks and/or logos (collectively the “Marks”) displayed on the Website identify the services of the Foundation, and inform the public as to the source of those services. Your misuse of any Mark is strictly prohibited, including without limitation, your use of Marks in any of the following ways:

In a manner likely to cause confusion;To identify your products or services;In, as, or part of your own trademarks or service marks;In a manner that inaccurately implies a sponsorship, endorsement, or other connection with your products, services or other activities; orIn a manner that disparages or dilutes the Marks.
 You agree not to display or otherwise inappropriately use the Marks without prior written permission from the Foundation. Please make such requests by e-mail to mcdowellfoundation@mcdowellfoundation.org. We will evaluate your request and respond as soon as possible.

Disclaimers

The Foundation posts information and material on the Website for your personal use. But none of the material on the Website is intended, nor should it be construed as, professional advice of any form.

THIS WEBSITE (INCLUDING, WITHOUT LIMITATION,ANY AND ALL INFORMATION, ADVICE AND RECOMMENDATIONS)IS PROVIDED SOLELY AS GENERAL INFORMATION ANDIS NOT INTENDED ASADVICE FOR ANY INDIVIDUAL PROBLEM NOR AS ASUBSTITUTE FOR ADVICE GIVEN BY A PROFESSIONAL FAMILIAR WITH YOUR UNIQUE FACTS. THE FOUNDATION ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION OR OTHER MATERIALPOSTED ON THIS WEBSITE. WHILE THE FOUNDATION STRIVES TOPROVIDE INFORMATIONTHAT IS ACCURATE, COMPLETE, AND UP-TO-DATE, THE FOUNDATION CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THIS WEBSITE.

We may also provide links to other websites that we hope you will find helpful. We do not control the material presented in other websites, however, and we do not vouch for or assume responsibility for the accuracy of such material.

Additional Disclaimers and Limitation of Liabilities and Warranties

The Website may contain technical inaccuracies, typographical errors, and out of date information. The Foundation makes no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and the Foundation makes no warranty that the Website will meet your requirements. The Foundation reserves the right to make changes to the Website at any time. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

THE FOUNDATION SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) THE FOUNDATION MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY MATERIALS AND/OR SERVICES AVAILABLE FROM THE WEBSITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” THE FOUNDATION MAKES NO WARRANTY OF NONINFRINGEMENT. THE FOUNDATION ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY SOFTWARE OR MATERIALS FROM THE WEBSITE.

Indemnification

You shall indemnify and hold harmless the Foundation, its affiliates, officers, employees, and agents, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Website, including any products and/or services offered through the Website, Content that you submit through the Website, and/or your breach of any of the provisions of the Terms & Conditions and/or the Privacy Policy.

Intellectual Property Limitation of Liability

The Foundation respects the intellectual property of others, and we ask visitors to our Website to do the same. If you believe your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent of the Foundation:

  • Identification of the copyrighted work(s) that you claim has been infringed;
  • Identification of where the material that you claim to be infringing is located on the Website;
  • A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;
  • Your address, telephone number, and e-mail address; and Your physical or electronic signature.

The designated agent of the Foundation for notification of claims of copyright infringement on this Website can be reached as follows:

Barbara McDowell & Jerry Hartman Foundation
c/o Jerry Hartman
3607 Whispering Lane
Falls Church, VA 22041
mcdowellfoundation@mcdowellfoundation.org

Dispute Resolution

Any action based on a breach of any provision of these Terms & Conditions shall be brought to the federal or local courts presiding in the Commonwealth of Virginia, United States, whichever is appropriate, and to whose jurisdiction you consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction, and grant to the Foundation its damages and attorneys’ fees and such other and further relief as the court may deem appropriate.

Applicable Laws and Jurisdictional Issues

The Website shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the Commonwealth of Virginia applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Website, you consent to the jurisdiction of the courts presiding in the Commonwealth of Virginia and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.

Compliance with Laws

You agree that you will not use the Website for any purpose that is prohibited by these Terms & Conditions or that is unlawful. Further, you agree not to access, download, use or export the Website or the products or services provided on or through the Website, in violation of U.S. export laws or regulations, or in violation of any other applicable laws, rules or regulations.

Force Majeure

Notwithstanding any other provision contained in these Terms & Conditions, in the event that the performance of any obligation of the Foundation is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of the Foundation, then the Foundation shall not be responsible to you for any failure or delay in the performance of its obligations. The Foundation shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, the Foundation from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.

Headings

The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

No Assignment

You may not assign your rights or obligations under this Agreement without the prior express written consent of the Foundation.

Invalidity of Provisions

In the event that any portion of these Terms & Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.

No Waiver

Any failure by the Foundation to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.

Changes to the Terms & Conditions

No changes to these Terms & Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Website or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms & Conditions, unless such an amendment, waiver or change is in writing from an authorized officer or representative of the Foundation.

Complete Understanding

These Terms & Conditions constitute the entire understanding between the Foundation and you with respect to the Website.

BY USING THE WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS & CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE WEBSITE, YOU WARRANT THAT YOU WILL NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL.

If you have any questions about our Terms & Conditions, please contact us by e-mail at mcdowellfoundation@mcdowellfoundation.org.

Last updated: February 1, 2017