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Website Terms and Conditions of Use
This website ("Site") is
owned and operated by the Minnesota Council on Foundations ("MCF").
Please feel free to browse this Site; however, your access to and use of
this Site is subject to the following terms and conditions ("Terms
and Conditions") and all applicable laws. By accessing and
browsing this Site, you accept, without limitation or qualification, these
Terms and Conditions. Please note that if you visit other websites or web
pages (or access any services) owned or operated by MCF that require you
to agree to additional terms and conditions, you will be bound to the
terms and conditions of such additional agreements, and the terms and
conditions of such additional agreements will govern your use of such websites,
web pages and services in the event of any conflict, inconsistency
or ambiguity with respect to the following Terms and Conditions.
TERMS AND CONDITIONS
1. Restrictions on Use of Materials.
This Site contains material that is
protected by international copyright and trademark laws. No material
(including, without limitation, the text, images, audio and video) and no
software (including, without limitation, any images or files incorporated
in or generated by the software or data accompanying such software)
(individually and collectively the "Materials") may be
copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way or decompiled, reverse engineered or disassembled,
except that, unless otherwise specified on the Site with respect to
particular Materials, you may download and print one (1) copy of the
Materials on any single computer for your personal, non-commercial use
only, provided you keep completely intact and unmodified all copyright and
other proprietary notices. Modification or use of the Materials for any
other purpose is a violation of MCF's (or other sources') copyright,
trademark and other proprietary rights. The use of Materials on any other
website or networked computer environment is prohibited without MCF's
express written consent. MCF's name and logos and all related product and
service names, design marks and slogans are the trademarks or service
marks of MCF and its affiliates. You are not authorized to use any MCF
name or mark in any advertising, publicity or in any other commercial
manner without the prior written consent of MCF. Any unauthorized
modification, tampering or change of any information, or any interference
with the availability of or access to this website is strictly
prohibited. MCF reserves all legal rights and remedies available to it.
2. Limitation of Liability and
Disclaimer of Warranty.
Your use and browsing of this Site are at
your risk. If you are dissatisfied with any of the Materials contained in
this Site, or with any of these Terms and Conditions, your sole and
exclusive remedy is to discontinue accessing and using this Site. MCF
assumes no responsibility and shall not be liable for the accuracy,
completeness, timeliness, reliability, relevance or usefulness of any of
the Materials contained on this Site. MCF also 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 in this Site or your downloading of any Materials from
this Site.
NEITHER MCF NOR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DELIVERING THIS SITE IS LIABLE FOR ANY DIRECT,
INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF YOUR ACCESS
TO, OR USE OF, THIS SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON
THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT.
3. Privacy Policy.
MCF's privacy statement may be viewed at
www.mcf.org/privacy.htm
("Privacy Statement"). The Privacy Statement is referenced by,
incorporated into and subject to these Terms and Conditions.
4. Links to Third Party Materials.
MCF may provide links ("Links")
to Internet websites maintained by third parties. All Links to other
websites found on the Site are publicly available on the World Wide Web and
are provided solely for the convenience of users. Unless expressly stated
otherwise, Links on the Site are not sponsored by, affiliated with, or the
responsibility of MCF, and the owners of such Links are not affiliated
with MCF and do not sponsor or endorse this Site. MCF has neither tested
nor verified the content, accuracy, or opinions expressed on any Links on
the Site and disclaims any warranty or liability for damages associated
therewith, including, without limitation, computer viruses or any other
damages to your computer as a result of your using any Links to
third-party websites.
5. Indemnification.
You agree to defend, indemnify and hold MCF
and its directors, officers and employees harmless from and against any
and all claims (including reasonable attorneys' fees and costs) resulting
from your acts, omissions, or representations in any way related to this
Agreement or your access to, and use of, this Site.
6. Governing Law; Jurisdiction; Venue.
These Terms and Conditions shall be
construed solely in accordance within the internal laws of the State of
Minnesota, without giving effect to principles of conflicts of laws. Any
actions, proceedings or suits concerning or relating to these Terms and
Conditions and your access to and use of the Site may only be brought in a
court of competent jurisdiction in Minneapolis, Minnesota, or in the U.S.
District Court for the District of Minnesota, and each party hereby
consents to the jurisdiction and venue of such courts and waives any
objections thereto.
7. Severability.
If any provision of this Agreement shall be
unlawful, void, or for any reason unenforceable, then that provision shall
be deemed severable from this Agreement and shall not affect the validity
and enforceability of any remaining provisions.
8. General.
MCF may at any time, in its sole
discretion, revise these Terms and Conditions by updating them on this
legal page ("Legal Page"). Your use of the Site following
any such revision shall be governed by the revised Terms and Conditions,
and you shall be bound to such revised Terms and Conditions for any use
subsequent to such revision. You should, therefore, periodically visit
this Legal Page to review the current Terms and Conditions.
These Terms and Conditions last revised
March 8, 2002.
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