Terms and Conditions

USER AGREEMENT AND TERMS OF USE

The William Penn Foundation (the “Foundation”) owns and operates the Website located at http://.williampennfoundation.org (the “Site”). This User Agreement (“Agreement”) contains the terms and conditions (the “Terms of Use”) upon which you may access and use the Site and the content displayed on the Site. Please review the Terms of Use carefully before using the Site.

By accessing, viewing, and using the Site, you indicate that you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms of Use and agree to be legally bound by them.

The Foundation reserves the right to change the Terms of Use under which this Site and its content are made available to you. Your continued use of the Site following reasonable notice of such modifications will constitute your acceptance of such changes. You also agree that notices that the Foundation may provide on the Site shall be deemed reasonable notice for this purpose.

Terms of Use

1. Intellectual Property Rights. All the Site’s Content, code, data, the look and feel, design, and organization of the Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright and trademark law, as well as other state, national, and international laws and regulations and is owned by the Foundation and/or third parties. Except as expressly provided herein, the Foundation does not grant any express or implied right to you or to any other user of the Site. The Site may also include the trade and/or service marks of other parties. Such third-party designations may not be used without the prior written permission of their respective owners.

Removing or altering any notice on any Content on the Site is prohibited, and you may not remove or obscure any notices of intellectual property rights from the Site or any content available on the Site. The name and marks “The William Penn Foundation,” the “William Penn” signature logo and all other variations thereof are the sole and exclusive property of the Foundation. You are not permitted to use the trade/servicemarks or any Content owned by the Foundation without first obtaining permission, by contacting [email protected]. The Foundation may grant or withhold permission in its discretion. Other product and company names mentioned in the Site may be the trade/service marks of their respective owners.

2. Grant of License. Subject to the Terms of Use, the Foundation provides you with a personal, revocable, nonexclusive, nontransferable license to use the Site and the text, graphics, data, information, and other content made available through or from the Site (collectively, “Content”) solely for your personal, non-exclusive, non-commercial use. Subject to your compliance with the Terms of Use, the Content may be accessed, printed, displayed, and/or downloaded by you for your use in accordance with these Terms of Use. You must also provide proper attribution to the Foundation and/or other specified copyright owner in connection with your use of any Content. Any rights not expressly granted herein are reserved.

You may also not copy, reproduce, create derivatives of, modify, distribute, broadcast, transmit, publish, license, transfer, sell, or otherwise exploit the Content for a fee or for other commercial purposes or for non-commercial uses except pursuant to a separate written agreement with the Foundation. If you wish to use any Content for any such purpose not permitted by this Agreement, please contact the Foundation at [email protected]. Under no circumstances may the Content be reproduced in principal part, mirrored, catalogued, framed, displayed simultaneously with another site or otherwise republished in its entirety or in principal part without the express written permission of the Foundation. You represent and warrant to the Foundation that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (a) disrupting, impairing or interfering with the Site; (b) collecting any information about other users of the Site; or (c) systematically extracting data contained in the Site to populate databases for internal or external use.

Any unauthorized use of this Site or the Content will automatically terminate the license granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.

3. Privacy Policy. Please see the Foundation’s Website Privacy Policy for a summary of The Foundation’s personal data collection and use practices with respect to the Site. By using this Site, you consent to the Foundation’s collection and use of personal data as outlined in the Website Privacy Policy.

4. Prohibit Uses of the Site. In your use of the Site you shall not (i) engage in spidering, screen scraping, database scraping, harvesting of e-mail addresses, wireless addresses, or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site, including without limitation any information residing on any server or database connected to the Site, (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; (iii) use the Site in any manner that could interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Site in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Site in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site, or any Content, or make any unauthorized use thereof. You agree that you shall not use the Site in any manner that could interfere with any other party’s use and enjoyment of the Site. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

5. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While The Foundation has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, the Foundation, its affiliates, employees and representatives are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. The Foundation shall have no liability for interruptions or omissions in Internet, network or hosting services or any other failure of performance of the Site. You assume the sole and complete risk of using the Site.

6. Third-Party Sites. This Site provides links, in its sole discretion, to other websites on the Internet for your convenience in locating related information and content, and the Content may be available through third-party sites. These sites have not necessarily been reviewed by The Foundation and are maintained by third-parties over which the Foundation exercises no control. Accordingly, such links to, or the display of Content on, such third-party sites does not imply an endorsement of any third party or any website or the products or services provided by any third-party. Furthermore, the Foundation expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services or the use of cookies or the privacy practices of such other sites provided by or advertised on these third-party sites. Please consult the linked sites’ respective terms of use for more information.

7. Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent to us (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site’s Privacy Policy and/or as otherwise provided at the time of submission. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Materials at any time.

8. Views Expressed. The Site may, for informational purposes, include Content prepared by other organizations and individuals not employed by the Foundation. The Foundation does not necessarily agree with the opinions expressed in such material, nor does the Foundation warrant the accuracy of the information or quality of the content.

9. Events beyond the Foundation’s Control. You expressly absolve and release the Foundation from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.

10. DISCLAIMERS. THE SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. THE FOUNDATION MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY CONTENT. FURTHER, ALTHOUGH THE FOUNDATION ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AND MATERIALS AVAILABLE, THE CONTENT ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE FOUNDATION MAY MAKE MODIFY AND/OR CHANGE THE SITE AND THE CONTENT AT ANY TIME, FOR ANY REASON. THE FOUNDATION MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED ON THE SITE. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE SITE AND THE CONTENT.

UNDER NO CIRCUMSTANCES WILL THE FOUNDATION OR ITS AFFILIATES AND ALL OF ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, LEGAL REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “PROTECTED PARTIES”) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR THE CONTENT OR THE BREACH OF THIS AGREEMENT OR THE FOUNDATION’S OTHER POLICIES CONTAINED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF THE FOUNDATION OR A THIRD-PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICK OR PRODUCTS LIABILILITY OR MISREPRESENTATION. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED PARTIES 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 OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE.

TO THE EXTENT PERMITTED BY LAW, THE FOUNDATION DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THE SITE AND THE CONTENT.

11. Indemnity. You agree to indemnify and hold harmless the Protected Parties from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) incurred by any of them in connection with any third-party claims based on or related to your use of the Site, the Content, or any breach by you of these Terms of Use. You agree to cooperate as fully as reasonably required in a Protected Party’s defense of any such claim. The Foundation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you under this Section 11 and you shall not in any event settle any such matter without the written consent of the Foundation in a non-electronic record. Your obligation to indemnify and hold harmless shall be limited to the extent required by applicable law, including that you are afforded sovereign immunity under applicable federal state, or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to this Agreement.

12. U.S. Copyright Infringement Claims. If you know or suspect that any of the materials on the Site have been used in a way that constitutes copyright infringement, please send notice to the Foundation’s designated agent identified below. The notice must include the information required by the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512(c)(3) identified below:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located on the Site;
A statement by you that you have a good faith belief that the disputed use is not authorized by 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 are authorized to act on the copyright owner’s behalf.

The designated agent for notice of copyright infringement claims may be reached at [email protected].

13. Governing Law. The Site is controlled and operated by the Foundation from its offices within Pennsylvania. This policy shall be governed by the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be in Philadelphia, Pennsylvania. You agree to submit to the jurisdiction of the state and federal courts in Philadelphia, Pennsylvania for the purposes of any judicial proceedings relating to or arising from this Agreement.

14. Term and Termination. This Agreement takes effect at the time you begin using the Site. The Foundation reserves the right at any time and for any reason to deny you or any user access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.

15. Waiver. Failure to insist on strict performance of any of the Terms of Use of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by the Foundation of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

16. Severability. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

17. Entire Agreement/Reservation of Rights. These Terms of Use and the Foundation’s Website Privacy Policy represent the entire agreement between you and the Foundation with respect to your use of the Site and the Content, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and the Foundation with respect to the Site. Any rights not expressly granted herein are reserved.

This Agreement was last updated on June 30, 2024.