This Terms and Conditions of Use Agreement (this "Agreement"), is entered into by and between The Thurgood Marshall College Fund (collectively, the "Fund") and you (alternatively referred to as "You" or "Your") and sets forth the standards of use of the Fund website (hereinafter referred to as the "Website"). This Agreement sets forth the legally binding terms governing Your use of the Website as outlined below, including any updates, enhancements, new features, and/or the addition of any new Internet web pages or links connected to the Website. If You do not agree to the terms and conditions of this Agreement, You should immediately cease all usage of the Website. The Fund reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement and/or the Website without prior notice. Modifications shall become effective immediately upon being posted on the Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be otherwise amended.
1. Disclaimer of Warranties and Limitations on Liability
To the fullest extent permitted by applicable law, the Fund makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise. The Fund shall have no liability for any interruptions in the use of this Website. To the fullest extent permitted by law, the Fund disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. All materials, information, software products and services included in or made available to You through the Websites are provided "as is" and "as available" for your use. THE FUND AND ITS ASSOCIATED WEBSITES DO NOT WARRANT THAT THE CONTENT POSTED ON THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER THE FUND NOR ANY OF ITS AGENTS, EMPLOYEES, LICENSORS OR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE FUND SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE, TRANSACTIONS INITIATED ON OR THROUGH THE WEBSITE, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
The Websites link to many other Websites, some operated by the Fund and its affiliates and some are not operated by us. While the Fund encourages You to consult such sites, we are not responsible for the products or services vendors provide through the Websites and we do not guarantee or warrant the prices, terms, quality, reliability or performance of the products or services provided by those vendors.
You agree to defend, indemnify and hold the Fund, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, (including reasonable attorneys’ fees and costs), made by any third-party due to or arising out of Your use of the Services, the breach of this Agreement, or infringement of any intellectual property or any other right of any such third-party.
3. Personally Identifiable Information
4. Modifications to Service
The Fund reserves the right to modify or discontinue and services provided with or without notice to You. The Fund shall not be liable to You or any third-party should The Fund exercise its right to modify or discontinue these services.
5. Governing Jurisdiction
Our Websites are operated and provided in the State of New York. As such, the Fund, its associated Websites and its affiliates are subject to the laws of the State of New York, and such laws will govern this Agreement, without giving effect to any choice of law rules. Accordingly, if You choose to access our Website, You agree to do so subject to the internal laws of the State of New York. You Agree that jurisdiction and venue with respect to any and all disputes arising under this Agreement shall be exclusively in the state of federal courts located in New York, New York.
6. Compliance with Laws
You assume all knowledge of applicable law and is responsible for compliance with any such laws. You may not use the Websites in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
7. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 Thurgood Marshall College Fund, with all rights reserved, or is the property of the Thurgood Marshall College Fund and/or its affiliates and is expressly protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Thurgood Marshall College Fund, is strictly prohibited. You agree that they will not use any robot, spider, or other automatic device, or manual process to monitor, copy or disrupt our web pages or the content contained therein without prior written permission of an authorized officer of the Thurgood Marshall College Fund.
All other trademarks displayed on the Websites are the trademarks of the respective owners whose names appear on the Website, and constitute neither an endorsement nor a recommendation of the owners of such trademarks. In addition, such use of trademarks or links to the websites of such trademark owners is not intended to imply, directly or indirectly, that those owners endorse or have any affiliation with the Thurgood Marshall College Fund.
8. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, the Fund designates the following individual as its agent for receipt of notifications of claimed copyright infringement: