Mga Tuntunin ng Paggamit

Huling binago: Pebrero 2023

Welcome to Richard M. Fairbanks Foundation Website, operated by the Richard M. Fairbanks Foundation (“RMFF,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Mga Tuntunin ng Paggamit”), govern your access to and use of RMFF Website <www.RMFF.org> (the “Website”), including any information, materials, content, functionality, and services offered on or through the Website (collectively with the Website, the “Services”).

If you are accessing these Services on behalf of an organization YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS OF USE; AND (C) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.  THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS. THESE TERMS OF USE APPLY WHETHER YOU ACCESS OR USE THE SERVICES AS A GUEST (OR POTENTIALLY AS A REGISTERED USER).

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with RMFF and meet all of the foregoing eligibility requirements.

IF YOU DO NOT MEET THESE REQUIREMENTS OR IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

  1. 1. Accessing the Website
    1. 1.1. We reserve the right to withdraw or amend this Website, and any Service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.
    2. 1.2. You are responsible for both:
      1. 1.2.1. Making all arrangements necessary for you to have access to the Website.
      2. 1.2.2. Ensuring that all Persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
    3. 1.3. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to us, including information you may provide if you have to register with this Website, through the use of any interactive features on the Website, or otherwise, is governed by our Patakaran sa Privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
    4. 1.4. By using the Services, you acknowledge and agree that this system includes security procedures that are commercially reasonable.
  2. 2. Intellectual Property Rights
    1. 2.1. The Website and its entire data, contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by RMFF, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
    2. 2.2. These Terms of Use permit you to use the Services available on the Website for your benefit. Unless other terms or conditions apply, RMFF grants you a limited, revocable, royalty free right and license to access and use the Website for your personal or internal business use only.
    3. 2.3. Except as permitted elsewhere in these Terms, you must NOT:
      1. 2.3.1. Modify copies of any materials from the Website.
      2. 2.3.2. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
      3. 2.3.3. Access or use the Website or Services for any commercial purposes.
  1. 3. Snapshot ng Data ng Komunidad

This Website may also provide certain analytics and data services featuring databases, charts, and other key indicators about various areas including, but not limited to, education, health, vitality, and demographics (collectively, the “Community Data Snapshot”). For the avoidance of doubt, the Community Data Snapshot shall be considered as part of the Services and as part of RMFF’s intellectual property.

Use of Community Data Snapshot is limited only to non-sensitive and publicly available data.  The information and data made available via the Community Data Snapshot is created from data obtained from multiple sources, including publicly available data, data obtained from RMFF partners and affiliates, and open sources. RMFF reserves the right to moderate all Community Data Snapshot and any information used, shared, or stored with the Community Data Snapshot at any time, but does not guarantee the quality, accuracy, veracity or usefulness of the data.

Unless we state otherwise, all data and information available via the Community Data Snapshot is free for use, without any restrictions.

THE INFORMATION, DATA, AND ANY OTHER MATERIAL EMBODIED IN THE COMMUNITY DATA SNAPSHOT IS PROVIDED TO YOU “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY,  QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL RMFF BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF USE, SAVINGS OR REVENUE, OR THE CLAIMS OF THIRD PARTIES, WHETHER OR NOT RMFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE OR PERFORMANCE OF COMMUNITY DATA SNAPSHOT.

  1. 4. Trademarks

RMFF name and all related names, logos, product and service names, designs, and slogans are trademarks of RMFF or its affiliates or licensors. You must not use such marks without the prior written permission of RMFF. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

  1. 5. Confidentiality

Except where disclosure is required for legal, accounting, or regulatory purposes, you and RMFF agree that all information, items, records, data and other material provided pursuant to or in connection with the Services, shall be kept in strict confidence, shall be used only for the purposes of such agreements, and shall not be disclosed by either party, its agents or employees, without, in each instance, the prior written consent of the other party; provided, however, that you or we may disclose generally, your membership and participation in the programs and services of RMFF without your consent.  You acknowledge and agree that RMFF may disclose your information, without your consent or review, to the extent required or permitted by law. Each party agrees to take commercially reasonable precautions to prevent the unauthorized disclosure of such information, including complying with security procedures deemed necessary by RMFF.  All computer programs, manuals, materials, forms, facilities, ideas, concepts, techniques, and know-how used, prepared or developed by us, and any improvements extensions or modifications thereof, are and shall remain the exclusive property of RMFF, and may not be used by you, your agents, employees or others, without our prior written consent.

  1. 6. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

    1. 6.1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    2. 6.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for Personally identifiable information, or otherwise.
    3. 6.3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the terms and conditions set out in these Terms of Use.
    4. 6.4. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
    5. 6.5. To impersonate or attempt to impersonate RMFF, a RMFF employee, another user, or any other Person or entity (including, without limitation, by using email addresses, user name, or screen names associated with any of the foregoing).
    6. 6.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm RMFF or users of the Website, or expose them to liability.
    7. 6.7. You may not sell, lease, furnish, redistribute, retransmit, or otherwise permit or provide access to the Website or Services except as permitted by us..

Additionally, you agree not to:

    1. 6.8. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to use the Website.
    2. 6.9. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
    3. 6.10. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
    4. 6.11. Use any device, software, or routine that interferes with the proper working of the Website.
    5. 6.12. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    6. 6.13. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
    7. 6.14. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
    8. 6.15. Otherwise attempt to interfere with the proper working of the Website.
  1. 7. Monitoring and Enforcement; Termination
    1. 7.1. We have the right to:
      1. 7.1.1. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
      2. 7.1.2. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
    2. 7.2. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS RMFF AND ITS PERSONNEL, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RMFF OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER RMFF OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
    3. 7.3. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
  2. 8. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

  1. 9. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Patakaran sa Privacy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  1. 10. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  1. 11. Geographic Restrictions

We provide this Website and Services for use only by Persons located in the United States. We make no claims that the Website or any of its Services or content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain Persons or in certain countries. If you use or access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. 12. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE FULLEST EXTENT PROVIDED BY LAW, YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RMFF NOR ANY PERSON ASSOCIATED WITH RMFF MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER RMFF NOR ANYONE ASSOCIATED WITH RMFF REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, RMFF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. 13. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL RMFF, ITS PERSONNEL, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. 14. Indemnification

You agree to defend, indemnify, and hold harmless RMFF, its Personnel, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, data, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

  1. 15. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of the United States or the courts of the State of Indiana, in each case located in Marion County, Indiana, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  1. 16. Waiver and Severability

No waiver by RMFF of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RMFF to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. 17. Entire Agreement

The Terms of Use, our Privacy Policy, and any Additional Agreements constitute the sole and entire agreement between you and RMFF regarding the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Services.

  1. 18. Your Comments and Concerns

Ang website na ito ay pinamamahalaan ng RICHARD M. FAIRBANKS FOUNDATION, na mayroong pangunahing lugar ng negosyo sa 211 N. Pennsylvania St., Suite 2500, Indianapolis, IN 46204.

Ang lahat ng feedback, komento, kahilingan para sa teknikal na suporta, at iba pang komunikasyon na nauugnay sa Website ay dapat na idirekta sa operations@RMFF.org.