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Terms of Use for Daniels Fund Web Site
1. This Agreement describes the terms and conditions applicable
to your use of the Daniels Fund web site. If you have any questions
or comments about this document, please contact info@danielsfund.org
2. We may amend this Agreement at any time by posting the amended
terms on our site. Except as stated below, all amended terms shall
automatically be effective 30 days after they are initially posted
on our site. This agreement was last revised on November 9, 2004.
3. Eligibility.
Our services are available only to individuals who can form legally
binding contracts under applicable law. Without limiting the foregoing,
our services are not available to children under 13 years of age,
in accordance with the 1998 Children's Online Protection Privacy
Act. If you do not qualify, please do not use areas of this web
site that require the collection of information. Further, our
services may not be available to individuals who have been barred
from this site because of prior violations.
4. Your Information.
"Your Information" is defined as any information you
provide to us or other users in the registration, replying or
listing process, in any public message area or through any email
feature. You are solely responsible for Your Information, and
we act as a passive conduit for your online distribution and publication
of Your Information. With respect to Your Information:
Your Information (or any items or services listed therein):
(a) shall not be false, inaccurate or misleading;
(b) shall not be fraudulent or involve the sale of counterfeit
or stolen items;
(c) shall not infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights
of publicity or privacy;
(d) shall not violate any law, statute, ordinance or regulation
(including without limitation those governing export control,
consumer protection, unfair competition, antidiscrimination
or false advertising);
(e) shall not be defamatory, trade libelous, unlawfully threatening
or unlawfully harassing;
(f) shall not be obscene or contain child pornography or, or
be otherwise adult in nature or harmful to minors;
(g) shall not contain any viruses, Trojan horses, worms, time
bombs, cancelbots or other computer programming routines that
are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information;
(h) shall not create liability for us or cause us to lose (in
whole or in part) the services of our ISPs or other suppliers;
and
(i) shall not link directly or indirectly to or include descriptions
of goods or services that:
(aa) are prohibited under this Agreement;
(bb) are identical to other items you have
up for sale,
(cc) you do not have a right to link to or
include.
Furthermore, you may not list any item or service in the classifieds
section of our site (or consummate any transaction that was
initiated using our service) that, by paying to us the listing
fee or the final value fee, could cause us to violate any applicable
law, statute, ordinance or regulation.
The Daniels Fund will only use your Information in accordance
with our Privacy Policy.
5. Access and Interference.
You agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy our web pages or
the content contained herein without our prior expressed written
permission. You agree that you will not use any device, software
or routine to interfere or attempt to interfere with the proper
working of the Daniels Fund site or any listing or service being
conducted on our site. You agree that you will not take any action
that imposes an unreasonable or disproportionately large load
on our infrastructure. Much of the information on our site is
updated on a real time basis and is proprietary or is licensed
to the Daniels Fund. You agree that you will not copy, reproduce,
alter, modify, create derivative works, or publicly display any
content (except for Your Information) from our website without
the prior expressed written permission of the Daniels Fund and/or
any appropriate third party.
6. Privacy.
Click here to review the Daniels Fund
privacy policy.
7. Copyrights and Trademarks
All materials contained on the website are copyrighted by the
Daniels Fund and may not be used in any way without express permission
from the Daniels Fund. Nonprofits seeking to use the Daniels Fund
logo in promotional materials may contact the Communications office
at info@danielsfund.org
8. No Warranty.
WE PROVIDE THIS SERVICE"AS IS" AND WITHOUT ANY WARRANTY
OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM
ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not
allow the disclaimer of implied warranties, so the foregoing disclaimer
may not apply to you. This warranty gives you specific legal rights
and you may also have other legal rights which vary from state
to state.
9. Liability Limit.
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION
WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING,
INCLUDING NEGLIGENCE). Some states do not allow the limitation
of liability, so the foregoing limitation may not apply to you.
10. Indemnity.
You agree to indemnify and hold us and our subsidiaries, affiliates,
officers, directors, 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 breach of this Agreement
or the documents it incorporates by reference, or your violation
of any law or the rights of a third party.
11. Legal Compliance.
You shall comply with all applicable laws, statutes, ordinances
and regulations regarding your use of our service.
12. No Agency.
You and the Daniels Fund are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
13. Notices.
Except as explicitly stated otherwise, any notices shall be given
by postal mail to the Daniels Fund, attention Communications Department,
101 Monroe Street, Denver, CO 80206.
14. Arbitration.
Any controversy or claim arising out of or relating to this Agreement
or our services shall be settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration
shall be conducted in Denver, Colorado, and judgment on the arbitration
award may be entered into any court having jurisdiction thereof.
Either you or the Daniels Fund may seek any interim or preliminary
relief from a court of competent jurisdiction in Denver, Colorado
necessary to protect the rights or property of you or the Daniels
Fund pending the completion of arbitration.
15. General.
The laws of the State of Colorado govern this Agreement in all
respects. Your conduct may be subject to other state and federal
laws. You expressly agree that exclusive jurisdiction resides
in the courts of the State of Colorado. You further agree and
expressly consent to the exercise of personal jurisdiction in
the State of Colorado in connection with any dispute or claim
involving the Daniels Fund.
16. Disclosures.
The services hereunder are offered by the Daniels Fund, 101 Monroe
Street, Denver, CO 80206.
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