Last Updated: November 1, 2022
You acknowledge and agree that in connection with Your use of the Portal, You must: (a) provide for Your own access to the Internet and pay any costs, expenses, and/or service fees associated with such access; and (b) provide all equipment necessary for You to make such access and connection to the Internet, including a computer, software and a means of connecting to or accessing the Internet. The Foundation shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from Your use of the Portal.
You may be able to link to or access third parties' websites or platforms ("Linked Sites") from or in connection with the Portal. Linked Sites are not necessarily reviewed, controlled, or examined by the Foundation in any way and the Foundation is not responsible for the content, availability, advertising, products, or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply the Foundation's endorsement of or association with the Linked Sites.
In order to access and use certain features and functionality of the Portal, You may be required to (a) register an account with a username and password combination through the Portal, a third-party platform, or Linked Site; and/or (b) provide to us and/or make available certain additional information, which may include your email address, legal name, country of residence, location, date of birth, and other information. You represent and warrant that all registration and account information submitted and/or made available by You is complete and accurate and that it will be maintained and promptly updated to ensure its accuracy.
Further, You agree to maintain the strict confidentiality of Your account credentials (e.g. username, password, and other information allowing for the access to the account) and shall be responsible and liable for any access to or use of the Portal or Linked Sites through Your account, whether the use or access is made directly by You or by any third party using Your credentials, whether or not such access or use has been authorized by You. You agree to immediately notify the Foundation of any unauthorized use of Your credentials or account, or any other breach of security discovered through the use of the Portal.
Disclaimer of Warranties
THIS PORTAL IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, THE FOUNDATION SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE PORTAL, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES, AND THE CONTENT THEREON; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE INFORMATION ON THE PORTAL SHALL IN NO EVENT BE CONSIDERED OR RELIED UPON AS LEGAL ADVICE OR AS A SUBSTITUTE FOR SEEKING THE ADVICE AND CONSULT OF A LICENSED ATTORNEY.
Limitation of Liability
IN NO EVENT SHALL THE FOUNDATION OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, THE INABILITY TO USE, OR RELIANCE ON THE PORTAL, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS OR INFORMATION, EVEN IF THE FOUNDATION OR SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN VISITORS. IN NO EVENT SHALL THE FOUNDATION BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY VISITOR OR OTHER PERSON ON OR THROUGH THE PORTAL, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE FOUNDATION TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND USE OR YOUR USE OF THE PORTAL, INCLUDING BUT NOT LIMITED TO THE ONLINE SERVICES, EXCEED, IN THE AGGREGATE, THE AMOUNT OF PORTAL USE FEES, IF ANY, PAID BY YOU TO THE FOUNDATION TO USE THE PORTAL.
Maintenance of the Portal
You agree that You will not: (a) use the Portal, or any part thereof, to "stalk" or harm any other Visitor or any other person in any way; (b) impersonate any person or entity, including but not limited to a Foundation donor officer, director, or representative, or falsely state or otherwise misrepresent Your identity or affiliation with a person or entity; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any donation, application, or other content You transmit on or through the Portal; (d) interfere with or disrupt the Portal or servers or networks connected to the Portal, or the use thereof, or disobey any applicable requirements, procedures, policies or regulations of networks connected to the Portal; (e) harvest, collect or store information about the Visitors of this Portal or any Portal Content, or use such information for any purpose inconsistent with the purpose of this Portal; (f) breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Portal or that of any third party that is hosting or interfacing with any part of the Portal; or (g) create any frames at any other websites containing or incorporating the Portal or any Portal Content.
We respect the intellectual property rights of others and require that Visitors of the Portal do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and e-mail address;
- A description of the copyrighted work that You claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by You that You have a good faith belief that the disputed use is not authorized by You, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf
Eric P. Tuchmann, Esq.
Office of the General Counsel
American Arbitration Association, Inc.
120 Broadway, 21st Floor
New York, NY 10271
Phone: (212) 716-5800
Fax: (646) 663-3074
We control and operate this Portal from our offices in the United States of America. Materials on the Portal may not be appropriate or available for use in other locations. Persons who choose to access this Portal from other locations do so on their own initiative and are responsible for compliance with local laws.
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