Terms of Use
These Website Terms of Use (“Terms of Use”) apply to the Website of The Mimi Washington Starrett Foundation, Inc. (“we” and “us”) located at www.mwstarrettfoundation.org (the “Website”), however the Website is accessed and/or used, whether via personal computers, mobile devices or otherwise.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE SET FORTH BELOW.
Authorization of Use
Any person is authorized to view the information, images, texts, documents and all other content posted on the Website for informational purposes only. We may modify these Terms of Use at any time, without prior notice, and such modifications shall become effective upon posting on this Website. We reserve the right to restrict access to its Website or the contents contained therein. All users are responsible to review regularly the contents of the Terms of Use to determine the terms and conditions contained herein.
Trademarks and Website Content
The names, logos and images identifying the Mimi Washington Starrett Foundation are proprietary marks of the Mimi Washington Starrett Foundation. The content on the Website, including any images or written content contained therein, is our copyrighted material. In some cases, however, the images are the material of family members of Mimi Washington Starrett and are displayed on the Website with the permission of such family members. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these marks, images or other content on this Website in any way, including in advertising or publicity, without our prior written consent.
Third Party Intellectual Property
Individuals who believe that their intellectual property rights have been infringed by unauthorized use of their protected works appearing at the Website may contact us at mwstarrettfoundation.org and request that the infringing materials be removed or that access to it be blocked.
Third Party Links
From time to time, this Website may contain links to websites that are not owned, operated or controlled by us. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. We are not responsible for any content, materials or other information located on or accessible from any other website, nor any products or services that you buy from any other websites or any donations made through any other websites. We do not endorse, guarantee or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the products or services that you may obtain from using any other websites or how any donations you make through such websites will be used. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
Account Registration and Security
You understand that you may need to create an account to have access to certain portions of the Website. In consideration of your use of such portions of the Website, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Website’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and the intended use of the Website. We have the right to provide user account or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account, so you should take reasonable steps to protect this information.
Disclaimers
Your use of this Website is at your risk. The information, materials and services provided on or through this Website are provided “as is” without any warranties of any kind, including warranties of merchantability, fitness for a particular purpose or noninfringement of intellectual property. We do not warrant the accuracy or completeness of the information, materials or services provided on or through this Website. The information, materials and services provided on or through this Website may be out of date, and we do not make any commitment or assume any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
Limitation of Liability
We do not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. We do not guarantee continuous, uninterrupted or secure access to our Website, and the operation of the Website may be interfered with by numerous factors outside of our control.
In no event will we, or any of our officers, trustees, directors, employees, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Website, any Websites linked to this Website, or the materials, information or services contained on any or all such Websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. In the event of any problem with this Website or any content, you agree that your sole remedy is to cease using this Website. In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed twenty-five dollars ($25.00).
Miscellaneous
Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the State of New Jersey. You consent to the exclusive jurisdiction of the state court located in the State of New Jersey, Morris County, and the federal court located in the State of New Jersey, Essex County. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
