Terms of Use
Acceptance of Terms
By accessing this website (the “Site”), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the “Materials”), you are agreeing in good faith to the following terms. If you do not wish to be bound by these terms and conditions, you may not access or use the Site. If you breach any of the terms of this Agreement, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.
The Community Foundation of Middlesex County, Inc. (CFMC) may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement on the Site. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Agreement.
The site is a Nonprofit Site.
Privacy
Your use of the Site is subject to CFMC’s Privacy Policy. Please review our Privacy Policy which also governs the Site and informs users of our data collection practices.
Use of Materials
This Site is for informational purposes only and is not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display, or performance, or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on this website, you may display, download, archive, reformat, and print a single copy of any information on this website for such personal use. Some of the Materials on this Site are subject to specific restrictions with respect to use. You expressly agree that you will comply with any and all such restrictions.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password, if established, and for restricting access to your computer. You further agree to accept responsibility for all activities that may occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that CFMC is not responsible for third party access to your account that results from theft or misappropriation of your account. CFMC reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
CFMC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of CFMC and CFMC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CFMC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CFMC of The Site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that CFMC may share such information and data with any third party with whom CFMC has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
Intellectual Property
The Materials and Services on this Site are protected by copyright, trademark, patent and/or other intellectual property laws, and any unauthorized use of the Materials may violate such laws. You agree to use the Materials in compliance with all applicable laws, governmental regulations and guidelines, including without limit, all copyright, trademark and other intellectual property laws. You understand that the ownership of the materials is retained by the originators of those materials and that this agreement does not constitute the originators waiver of any rights. The originators are the beneficiaries of, and may independently enforce, this Agreement. Except as expressly provided herein, neither the CFMC nor the originators grant any express or implied rights to use the Materials.
International Users
The Site is controlled, operated, and administered by CFMC from our offices within the United States of America (USA). If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CFMC Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Warranties and Disclaimers
You assume total responsibility and risk for your use of the Site. The CFMC is providing access to these materials and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever with regard to the materials or related information. This Site could include technical or other mistakes, inaccuracies or typographical errors. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site generally. You expressly understand and agree that the CFMC disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material in the Site.
The CFMC further disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material through the products and services, including, without limitation, for harm caused by viruses or similar contamination or destructive features and the CFMC shall not be liable for any cost or damage arising either directly or indirectly from your use of the Site.
To the maximum extent permitted by applicable law, in no event shall CFMC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if CFMC or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site.
Indemnification
You agree to indemnify and hold the CFMC and its officers, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity. CFMC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CFMC in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms of Use. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
General
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between the CFMC and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by the CFMC to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.
Termination/Access Restriction
CFMC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Connecticut and you hereby consent to the exclusive jurisdiction and venue of courts in Connecticut in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CFMC as a result of this agreement or use of the Site. CFMC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CFMC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CFMC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CFMC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CFMC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Contact Us
We welcome your questions or comments:
Community Foundation of Middlesex County, Inc.
49 Main Street
Middletown, CT 06457
860.347.0025
