may be updated without notice to you. It is your
responsibility to periodically review these Terms of
Use for applicable changes. Your using the web
site after our posting of any changes to these Terms
of Use will constitute your acceptance of those changes.
Should you disagree with any changes, you should immediately
cease using the FOUNDATIONS' web site.
Policy: The personally-identifiable
take the time to review the information below.
Information you provide voluntarily
via our online forms is kept in the strictest confidence
and is intended for use by FOUNDATIONS or
FOUNDATIONS' officers, employees, agents, and/or consultants/contractors as may be needed.
We ask for your name, address
and contact information so we can send you your order
or respond to your request for information, and so
we can contact you if we have a question about your
order or request. We may also use your contact information to send you updates regarding our products, services, and events. Credit card information may be supplied
to the company or companies who process your credit
card payment. We may share your name and address with other companies who have products in which we think you may be interested.
Occasionally we might provide
links to other sites we think you will find useful.
These sites are independent of FOUNDATIONS
and should have established their own privacy and security
policies. You should review the privacy policies of
these sites before providing them with your information.
For questions, comments or
assistance with any privacy-related issues, we invite
you to contact us at email@example.com.
Use of FOUNDATIONS's Web Site: You may not
reproduce, duplicate, copy, sell, or otherwise transfer
or commercially exploit FOUNDATIONS's web site (or any portion of it), unless
you have prior FOUNDATIONS's express written permission to do so.
You may only use FOUNDATIONS web site in accordance with these Terms
of Use and all applicable laws, rules, and regulations.
In the event FOUNDATIONS believes that you have failed to comply
with all terms applicable to your use of FOUNDATIONS web site, you agree that FOUNDATIONS has the right, in its sole discretion and
without notice, to restrict your access to this or any
other FOUNDATIONS site. FOUNDATIONS may also, in its sole discretion and at
any time, discontinue any FOUNDATIONS web site, or any part thereof, with or
without notice. You agree that you do not have
any rights in FOUNDATIONS web site and that FOUNDATIONS will have no liability to you if the FOUNDATIONS web site is discontinued or your ability
to accessFOUNDATIONS web site is terminated.
with FOUNDATIONS: You consent to
receipt of electronic communications from FOUNDATIONS, and agree that all agreements, notices,
and other disclosures communicated to you by FOUNDATIONS electronically (whether by electronic mail,
by posting at this web site, or by other electronic
means) satisfy any legal requirement that such communication
be in writing.
Your communications with FOUNDATIONS,
including transmission of order requests, submission
of testimonials, or the uploading of images, constitute
electronic communications. You grant to FOUNDATIONS a perpetual, irrevocable, worldwide, non-exclusive,
transferable, royalty-free right to use all information
and materials that you submit to us, including the right
to exercise copyright and publicity rights, in any media,
in connection with FOUNDATIONS web site.
Links: Through the FOUNDATIONS web site,
you may be able to access links to other World Wide
Web sites. Because FOUNDATIONS has
no control over such sites, you acknowledge and agree
that FOUNDATIONS is not responsible for,
and has no liability with respect to, the availability
(or unavailability) of such sites, for the treatment
of your personally-identifiable information by such
sites, or for the information, products, content or
other materials on or available from such sites or resources.
If you would like information on any other site’s
and we encourage you to do so.
– You acknowledge and agree that:
a. YOUR USE OF THIS WEB SITE
IS AT YOUR OWN RISK. ANY FEATURES AVAILABLE THROUGH
OUR WEB SITE ARE PROVIDED TO YOU ON AN “AS IS”
AND “AS AVAILABLE” BASIS. FOUNDATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Because our web site is provided to you “AS
IS,” you agree that FOUNDATIONS shall not be liable to you or to any third
party for any delay in delivery of, or failure to deliver,
any of your communications or other information you
submit using our web site. Because our web
site is provided to you “AS AVAILABLE,”
you agree that FOUNDATIONS shall not be liable to you or to any third
party for any modification, suspension, or discontinuance
of the FOUNDATIONS web
site or of your ability to access it.
FOUNDATIONS also disclaims any warranty that (i) our
web site will meet your requirements, (ii) our web site’s
operation will be uninterrupted, timely, secure, or
error-free, and (iii) any information or communication
that may be obtained from the use of our web site will
be accurate or reliable (and FOUNDATIONS
disclaims any liability for damages that may arise from
your reliance on any such information or communication)
or are free of viruses or other harmful components.
You assume the full responsibility and risk for any
damage to your computer or other consequences that result
from your downloading any information, software, or
other materials through our web site. FOUNDATIONS
shall have no liability for any damage to your computer,
including loss of data, that results from your downloading
any such materials.
FOUNDATIONS shall not be responsible for
any order request if it is received in an unintelligible
or garbled form. However, FOUNDATIONS
will make reasonable efforts to notify the sending party
(if the sending party is identifiable from the received
order request) that the order request was unintelligible
or garbled. Some states do not allow the disclaimer
of implied warranties, so this provision may not apply
of Liability: YOU
AGREE THAT FOUNDATIONS SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE,
OR DATA (EVEN IF FOUNDATIONS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), THAT RESULT FROM:
(a) YOUR USE OF OR INABILITY TO USE FOUNDATIONS
WEB SITE; (b) THE COST YOU INCUR TO SUBSTITUTE FOR ANY
GOODS YOU PURCHASED THROUGH FOUNDATIONS
WEB SITE; (c) ACCESS TO OR ALTERATION OF YOUR PERSONALLY-IDENTIFIABLE
INFORMATION OR OTHER INFORMATION IN AN UNAUTHORIZED
MANNER; (d) REPRESENTATIONS OR CONDUCT OF ANY THIRD
PARTY RELATED TO THE FOUNDATIONS WEB SITE,
INCLUDING OUR ADVERTISERS AND BUSINESS PARTNERS; OR
(e) ANY OTHER MATTER RELATING TO THE FOUNDATIONS WEB SITE. Some states do not allow
the limitation of liability, so this provision may not
apply to you.
You agree to defend, indemnify, and hold FOUNDATIONS
harmless from and against all losses, costs, damages,
liabilities, and expenses (including reasonable attorneys’
fees, court costs, and other litigation and arbitration
expenses) (“Losses”) related to or arising
from: (a) negligent acts or omissions or intentional
misconduct with respect to your use of the FOUNDATIONS
web site or goods purchased from the FOUNDATIONS
web site; or (b) claims for infringement of the
proprietary rights of any third party resulting from
your use of the FOUNDATIONS web site or
goods purchased from the FOUNDATIONS web
are effective upon your acceptance signified by your
using the site and shall continue until terminated in
accordance with this Section. Either party may
(30) days’ prior written notice. FOUNDATIONS
also reserves the right to terminate its relationship
with you at any time. Upon termination of these
the FOUNDATIONS web site except to the
extent necessary to effectuate any of your obligations
or rights arising under any orders that are intended
to continue beyond such termination. In the event collections
proceedings or legal action become necessary, you agree
to pay all of FOUNDATIONS costs and fees
incurred, including attorney's fees.
content that FOUNDATIONS provides on our
web site, including, but not limited to, text, graphics,
images, and logos, is owned by either FOUNDATIONS
or the party that has provided the content to us and
is protected by U.S. and international copyright laws.
FOUNDATIONS is the sole and exclusive owner
of its compilation of this content on our web site,
and this compilation is also protected by U.S. and international
copyright laws. Unauthorized copying of any of
this content could lead to copyright infringement.
FOUNDATIONS, and other logos, slogans, and
product and service names used on this site are trademarks
owned by FOUNDATIONS, its subsidiaries, or
its affiliates. You agree not to display or use
such trademarks, in any manner, without the written
permission of FOUNDATIONS. Trademarks
and trade names of third parties are the property of
those third parties, and are used by FOUNDATIONS
subject to license, or subject to the fair use provisions
of U.S. trademark law.
entire agreement between us with respect to its subject
matter. FOUNDATIONS web site was created
and is operated under the laws of the State of New Jersey.
The laws of the State of New Jersey will control the
without giving effect to any principles of conflict
of laws. Any cause of action arising out of these
state courts sitting in the State of New Jersey.
If a court of competent jurisdiction finds that any
we both agree that the other provisions of these Terms
of Use will remain in full force and effect.
You agree that regardless of any applicable law to the
contrary, you cannot file a claim or cause of action
arising out of or related to the FOUNDATIONS
after such claim or cause of action arose.
FOUNDATIONS will not be liable to you or
be deemed to be in breach of its obligations hereunder
for any delay or failure in performance caused by acts
beyond FOUNDATIONS reasonable control,
including, without limitation, acts of God, war, terrorism,
accidents, fires, floods, strikes, labor disputes, mechanical
breakdown, shortages or delays in obtaining supplies,
materials, labor, or transportation, interruption of
utility services or the Internet, acts of any unit of
government or any governmental agency, or any similar
or dissimilar cause.