User Agreement
Welcome to the web site (the “Site”) owned and operated by The Kimberly Coffey Foundation (“KCF”). This Agreement contains the terms, covenants, conditions, and provisions (the “Terms and Conditions”) upon which you (“You”) may access and use this Site.
Terms and Conditions
By accessing, viewing, or using this Site, You indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. Please note that KCF reserves the right to and may change the Terms and Conditions under which this Site from time to time and its many offerings are extended to you. Your continued use of this Site following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.
1. Use of the Site; Grant of License. This Agreement provides You with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions of this Agreement. You may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, You warrant to KCF that you will not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions.
2. Intellectual Property Rights. All material contained on this 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. Except as expressly provided herein, KCF does not grant any express or implied right(s) to users of this Site, including You. Please be aware that KCF actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this Site are Copyright © 2017 The Kimberly Coffey Foundation. All Rights Reserved. Removing or altering the copyright notice on any material on this Site is prohibited. KCF also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Site’s content.
The following trademark: Kimberly Coffey Foundation, and all other names, logos, and icons identifying KCF and/or KCF’s products and services are proprietary marks of KCF. Other product and KCF names mentioned herein may be the trademarks of their respective owners.
3. Copyright and Intellectual Property Agent for Notice. The Site may contain photos and other materials posted by third parties. KCF’S liability for these materials, if any, is strictly limited under the Digital Millennium Copyright Act, 17 U.S.C. § 512, and the Communications Decency Act, 47 U.S.C § 230, and other applicable laws. If you believe that any materials on this Site infringe any copyright, other intellectual property interest or otherwise violates these terms and conditions, please provide KCF’S Copyright and Intellectual Property Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property interest that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site;
(d) your address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
KCF’S Copyright and Intellectual Property Agent for Notice of claims of copyright or other intellectual property infringement on the Site is Patti Wukovits, who can be reached as follows:
By e-mail: Patti@kimberlycoffeyfoundation.org
By mail: Patti Wukovits, Kimberly Coffey Foundation, 34 East Main Street, Suite 326, Smithtown, NY 11787
4. User Code of Conduct. You agree not to do the following:
(a) Restrict or inhibit any other user from using and enjoying the Site. This includes, without limitation: (i) using, or attempting to use, any account without the owner’s permission, (ii) obtaining or soliciting another person’s password or other personal information under false pretenses, or (iii) impersonating another user or otherwise misrepresenting yourself to KCF, the Site’s systems, or other entities;
(b) Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation: (i) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or (ii) accessing, or attempting to access, any portion of the Site that you are not authorized to access. Unauthorized access (or attempts) may subject you to civil and/or criminal penalties;
(c) Post, store, or transmit any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by KCF) information or material;
(d) Post, store, or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
(e) Provide any information to KCF that is not true, accurate, current and complete information or fail to maintain and update any information you provide to KCF;
(f) Misuse any email function available on or through the Site. This includes, without limitation, (i) sending unsolicited commercial email to any account that causes complaints from the recipients, (ii) continuing to send commercial email to a recipient if recipient has requested that you discontinue such communication, (iii) sending bulk emails, “spam,” chain letters, “mail bombs,” or other disruptive transmissions, or (iv) forging message headers or otherwise concealing an email address or preventing others from responding to a message, or attempting to do so;
(g) Use the Site to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component;
(h) Use the Site to post, store, or transmit materials in violation of another party’s copyright or other intellectual property rights. You are solely responsible for determining whether any material you post, store, or transmit is subject to a third party's rights;
(i) Use the Site for any unlawful purposes;
(j) Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
5. Feedback. KCF also welcomes your feedback and suggestions about how to improve our products and services and this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “content”) received through this Site, however, will be deemed to include a worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license for KCF to, in whole or in part, adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and You hereby waives any claim to the contrary. Further, KCF is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you may send to this Site for any purpose whatsoever including, but not limited to, creating and marketing products and/or services using such information.
6. Privacy Policy. KCF protects and considers your personal data to be private and operates this Site by keeping any personal data collected confidential. Please see KCF’s Privacy Policy for a summary of KCF’s personal data collection and use practices. Your use of this Site constitutes consent to KCF’s collection and use of personal data as outlined in the Privacy Policy.
7. Compliance with Applicable Laws; Export Control Laws. Your access to this Site is governed by all applicable federal, state and local laws. All information and products available on this Site are subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
8. Products and Services. This Site is designed to provide general information about KCF and its products and services. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service. Some products and/or services may not be available in all states or countries.
9. Assumption of Risk. Use of the Internet and this Site is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While KCF 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, KCF and its affiliates, and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns 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. You assumes sole and complete risk for using this Site and must make his or her own determination as to these matters.
10. Enforcing Security. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. KCF reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. KCF will also comply with all court orders involving requests for such information.
11. Advertisers on this Site. KCF, in its sole discretion, may post the advertisements of third parties on this Site. Your correspondence or any other dealings with advertisers found on this Site are solely between You and such advertiser. You agree that KCF shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, You shall not knowingly or intentionally interfere with the display of such advertisements.
12. Links to Other Sites. KCF may provide links, in its sole discretion, to other sites on the World Wide Web for the convenience of You in locating related information and services. These sites have not necessarily been reviewed by KCF and are maintained by third parties over which KCF exercises no control. Accordingly, KCF expressly disclaims any responsibility for the information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
13. Events Beyond KCF’s Control. You expressly absolve and release KCF from any claim of harm resulting from a cause beyond KCF’s control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
14. DISCLAIMERS. WHILE KCF ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION, MATERIALS AND FUNCTIONS AVAILABLE, THE INFORMATION, MATERIALS, AND FUNCTIONS AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, KCF MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, MATERIALS, AND FUNCTIONS AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON.
YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION, MATERIALS AND FUNCTIONS AVAILABLE ON THIS SITE. KCF MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS AND FUNCTIONS AVAILABLE ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIALS, AND FUNCTIONS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL KCF BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, MATERIALS, AND FUNCTIONS AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF KCF HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF KCF FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO KCF IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
15. Indemnity. You agree to defend, indemnify, and hold harmless KCF and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site or any breach by you of this Agreement. You agree to cooperate as fully as reasonably required in KCF’s defense of any claim. KCF reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of KCF.
16. Governing Law. This Agreement has been made in, and will be construed and enforced in accordance with the laws of the New York, as applied to agreements entered into and completely performed in New York. Any action to enforce this Agreement will be brought in the federal or state courts presiding in the State of New York, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by KCF from its offices within the United States. KCF makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable local laws.
17. Term and Termination. This Agreement will take effect at the time You begin using this Site (thereby indicating acceptance of these Terms and Conditions). KCF reserves the right at any time and for any reason to deny You access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
18. Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by KCF of any right under these Terms and Conditions 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.
19. Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
20. Relationship. No joint venture, partnership, employment, or agency relationship exists between You and KCF as a result of this Agreement or your utilization of this Site
21. Entire Agreement/Reservation of Rights. These Terms and Conditions and KCF Web Site Privacy Policy which is hereby incorporated as if set forth fully herein, represents the entire agreement between You and KCF with respect to use of and material available on or through this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and KCF with respect to this Site. Any rights not expressly granted herein are reserved.