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Terms of Use

KETTERING FOUNDATION – TERMS OF USE
Updated: May 28, 2009

 

Welcome to the Web site of the Kettering Foundation, located at www.kettering.org (“Web site”) owned and operated by the Kettering Foundation (“we” and “us”).

 

BY USING OUR WEB SITE YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE WEB SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND OUR TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEB SITE AND ANY AFFILIATE WEB SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES.

 

1. Copyright and Ownership

All of the content featured or displayed on the Web site, including without limitation text, graphics, photographs, images, moving images, sound and illustrations (“Content”), is owned by the Kettering Foundation, its licensors, vendors, agents and/or its Content providers. All elements of the Web site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Web site may be used only for the intended purpose for which the Web site is being made available. Except as may be otherwise indicated in specific documents within the Web site, you are authorized to view, play, print and download documents, audio and video found on our Web site for personal, informational and noncommercial purposes only. You may not modify any of the materials, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web site. For purposes of these Terms of Use, the use of any such material on any other Web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web site. The Web site, its Content and all related rights shall remain the exclusive property of the Kettering Foundation or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on this Web site.

 

2. Trademarks

All trademarks, service marks and trade names of the Kettering Foundation used herein (including, but not limited to, the Kettering Foundation name and the Kettering Foundation logo) (collectively “Marks”) are trademarks or registered trademarks of the Kettering Foundation or its partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Kettering Foundation trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Web site, without the Kettering Foundation’s prior written consent. The use of the Kettering Foundation trademarks on any other Web site or network computer environment is not allowed. The Kettering Foundation prohibits the use of the Kettering Foundation trademarks as a “hot” link on or to any other Web site unless establishment of such a link is approved in advance.

 

Furthermore, you agree not use this site to transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right or publicity right of any person or entity.

 

3. Framing this Web site

Running or displaying this Web site or any information or material displayed on this Web site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web site must comply with all applicable laws, rule and regulations.

 

4. Third-Party Links

From time to time, this Web site may contain links to Web sites that are not owned, operated or controlled by the Kettering Foundation. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web site. We are not responsible for any content, materials or other information located on or accessible from any other Web site, nor any products or services that you buy from that Web site or any donations made through that Web site. We do not endorse, guarantee or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the products or services that you may obtain from using any other Web sites or how any donations you make through such Web sites will be used. If you decide to access any other Web sites linked to or from this Web site, you do so entirely at your own risk.

 

5. Account Registration and Security

You understand that you may need to create an account to have access to all of the parts of the Web site. In consideration of your use of the Web site, you will: (a) provide true, accurate, current and complete information about yourself the Kettering Foundation’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 the Kettering Foundation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Kettering Foundation has the right to suspend or terminate your account and refuse any and all current or future use of the Web site (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 Web site. We have the right to provide account, Content 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.

 

You agree not to transmit any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful, racially, ethnically or otherwise offensive. You also agree not to impersonate another person or entity, including without limitation, a representative of Kettering Foundation or its officers, directors, employees or agents, falsely represent or misrepresent your affiliation with another person or entity, or manipulate identifiers that would disguise the origin of any content transmitted through the site or Services.

 

6. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Web site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Web site or any activities conducted on the site; or (c) bypass any measures we may use to prevent or restrict access to the Web site.

 

You agree not to: transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities. Submit, upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.

 

7. DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. THE KETTERING FOUNDATION, ATTEMPTS TO UPDATE ITS INFORMATION, HOWEVER, DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND THE KETTERING FOUNDATION DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION OR MATERIALS. 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.

 

8. LIMITATIONS OF LIABILITY

The Kettering Foundation does 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 Web site, or your downloading of any information or materials from this Web site. We do not guarantee continuous, uninterrupted or secure access to our Web site and operation of the Web site may be interfered with by numerous factors outside of our control. IN NO EVENT WILL THE KETTERING FOUNDATION, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, 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 WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE KETTERING FOUNDATION SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 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 WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN NO EVENT SHALL THE KETTERING FOUNDATION’S 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).

 

9. Indemnity

You agree to defend, indemnify and hold the Kettering Foundation harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Web site or the Internet or your placement or transmission of any message or information on this Web site by you or your authorized users; (b) your violation of any of these Terms of Use, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; or (e) any other party’s access to and use of the Web site with your unique username, password or other appropriate security code.

 

10. Release

In the event that you have a dispute with one or more other users of the Web site, you release the Kettering Foundation (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

11. Termination

You or we may suspend or terminate your account or your use of this Web site at any time, for any reason or for no reason. We may also block your access to our Web site in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

 

12. General

Any claim relating to, and the use of, this Web site and the materials contained herein is governed by the laws of the State of Ohio. You consent to the exclusive jurisdiction of the state and federal courts located in Dayton and Montgomery County, Ohio. A printed version of these Terms and Conditions 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. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by the Kettering Foundation in our sole discretion. 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. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 6 (Access and Interference), 8 (Limitations of Liability), 9 (Indemnity), and 10 (Release) shall survive any termination or expiration of these Terms of Use.

 

13. Additional Assistance

If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we invite you to contact us at mfogt@kettering.org.