Philadelphia Education Fund Terms of Use

1. Acceptance of Terms

The Philadelphia Education Fund (“The Ed Fund”) welcomes you to our site. We ask that you review these Terms of Use, which are intended to constitute a binding license agreement that conditions your use of this site ("Agreement"). We have tried to avoid unnecessary legal verbiage. Our goal is to protect our rights in order to provide you with access to the free content available at this site. By using this site, you acknowledge that you are 18 or older and agree that you have read, understood and agree to these Terms of Use. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

2. Privacy Policy

Certain information provided by you is subject to our Privacy Policy. For more information, please see our full privacy policy at: http://www.philaedfund.org/privacy-policy

3. Site Content

You acknowledge and agree that all content of this site, such as articles, text, graphics, images, links, and other material contained on this site, as well as any support materials (e.g., newsletters and books) (collectively, “Content”) is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree that as between you and The Ed Fund, The Ed Fund is the owner of all such Content. You may not reproduce, distribute, republish or retransmit any Content or materials posted at this site without the prior written permission of The Ed Fund. Except as expressly authorized by The Ed Fund, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. Notwithstanding the above, you may print or download one copy of the materials or Content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other Content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from The Ed Fund is prohibited. You may not display this Web site in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us at info@philaedfund.org. You may, however, establish ordinary links to our site without our written permission.

4. Visitor Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other material (“Submissions”), whether publicly posted or privately transmitted, via forums on this site or otherwise, are the sole responsibility of the person from whom such Submissions originated. This means that you and not The Ed Fund are entirely responsible for all Submissions that you upload, post, email or otherwise transmit via this site. The Ed Fund does not control the Submissions posted by third parties via this site and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using this site and accessing these postings, you may be exposed to Submissions that are offensive, indecent or objectionable. Under no circumstances will The Ed Fund, its subsidiaries, its affiliates, or its licensors be liable in any way for any Submissions including, but not limited to, any error or omissions in any Submissions, or for any loss or damage of any kind incurred as a result of the use of any Submissions posted, emailed or otherwise transmitted via this site.

You agree to not use this site to:

a. upload, post, email or otherwise transmit any Submissions that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, including but not limited to, an official from The Ed Fund, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submissions transmitted through this site;

e. upload, post, email or otherwise transmit any Submissions that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email or otherwise transmit any Submissions that infringe any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

g. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

h. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in those areas of this site that are designated for such purposes;

i. disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

j. interfere with or disrupt the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;

k. stalk or otherwise harass another; or

l. collect or store personal data about other users.

You acknowledge that The Ed Fund does not pre-screen Submissions, but that The Ed Fund and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Submissions that are available via this site. Without limiting the foregoing, The Ed Fund and its designees shall have the right to remove any Submissions that violate the Terms of Use or is otherwise objectionable as determined by The Ed Fund in its sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions.

You acknowledge and agree that The Ed Fund may preserve Submissions and may also disclose Submissions if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Submissions violate the rights of third parties; or (d) protect the rights, property, or personal safety of The Ed Fund, its users and the public.

5. Submissions Posted to Web Site

You agree represent and agree that Submissions you elect to post to the site are not confidential or proprietary, and you grant The Ed Fund the world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions (in whole or in part), in any form, media, or technology now known or later developed. You further agree that The Ed Fund may commercialize any Submissions, and any concepts, information and inventions contained therein, without further compensation to you.

6. Links to Third Party Sites

We may provide links from our site to other sites as a convenience to our visitors. We have no control over linked sites and make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation, or endorsement. Websites linked to this site may contain information or material that some people may find inappropriate or offensive. You also acknowledge that The Ed Fund, its subsidiaries, its affiliates, and its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any sites linked to this site.

7. Disclaimer of Warranties

The Content on this site is for informational purposes only. ALL CONTENT INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ED FUND, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS SITE IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE ED FUND, ITS SUBSIDIARIES, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ED FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)) THAT RESULT FROM: (i) THE USE OF, OR INABILITY TO USE, THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATERIAL RELATING TO THE SITE. THE ED FUND, ITS SUBSIDIARIES, ITS AFFILIATES OR ITS LICENSORS WILL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED $100. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE ED FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ED FUND’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

9. Representations and Warranties

You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use this site only as set forth in these Terms of Use.

10. Indemnity

You agree to indemnify and hold The Ed Fund and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due that arise from your use or misuse of this site, or breach of any warranty, covenant, representation or term contained in these Terms of Use. The Ed Fund reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The Ed Fund in asserting any available defenses.

11. International Use

The Ed Fund makes no representation that materials or Content on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where the Contents or materials are illegal is prohibited. If you access this site from other locations you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

12. Modifications/Terminations of Service

The Ed Fund reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site or some or all of the services offered through this site, with or without notice. You should therefore visit this page frequently. You agree that The Ed Fund shall not be liable to your or to any third party for any modification, suspension or discontinuance of this site or some or all of the services offered through it.

13. Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction and venue for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the Commonwealth of Pennsylvania, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

14. Severability and Integration

This agreement constitutes the entire agreement between you and The Ed Fund with respect to this site and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and The Ed Fund with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

15. Contact Us

If you have any questions about this policy, please contact us at info@philadefund.org.