Terms of Use
Effective 10.01.2017
Welcome! This website is operated by The Anschutz Foundation, a 501(c)(3) private exempt foundation (“The Anschutz Foundation,” “us,” “our,” or “we”). These Terms of Use ("Terms") set forth the terms under which you are authorized to use our website (the “Site”). To the extent additional rules or guidelines affect your use of the Site, those rules and guidelines (including our Privacy Policy) are incorporated by reference into these Terms. By using our Site, you agree to these Terms.
1. Description of Service
Our Site provides information related to The Anschutz Foundation and our initiatives (collectively the “Content”). If we add new services, Content or features to our Site in the future, your use thereof is subject to these Terms. These Terms do not govern your use of any third party features or websites available on our Site, and we are not responsible for the availability of, any services provided by third parties. We reserve the right to modify, discontinue, or temporarily prevent access to our Site at any time. We will not be liable if we choose to exercise this right.
2. Restricted Activities
You may not engage in any of the following with regard to the Site, and you agree not to use the Site to:
violate or encourage the violation of any local, state, national, or international law or regulation;
collect or store personal data about other users of our Site or solicit personal information from any individual;
impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by The Anschutz Foundation in its sole discretion;
infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
disrupt or interfere with the security or use of the Site or any websites or content linked to them;
interfere with or damage the Site, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Site;
attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) The Anschutz Foundation or create or use a false identity;
attempt to obtain unauthorized access to the Site or portions thereof that are restricted from general access;
use any meta tags or any other “hidden text” utilizing The Anschutz Foundation name, trademarks, exhibition, or product names;
attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Site;
engage in any activity that interferes with any third party’s ability to use or enjoy the Site; or
assist any third party in engaging in any activity prohibited by these Terms of Use.
Further, without our written consent, you may not:
reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any Content or any use of or access to the Site;
use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Site or monitor or copy our web pages or the content contained thereon;
deep link to the Site for any purpose; or frame the Site, place pop-up windows over any content, or otherwise affect the display of the Site.
3. Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE ANSCHUTZ FOUNDATION, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “ANSCHUTZ FOUNDATION PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITE. OUR SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNDER NO CIRCUMSTANCES, WILL ANY OF THE ANSCHUTZ FOUNDATION PARTIES BE LIABLE FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE OUR SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY OF THE ANSCHUTZ FOUNDATION PARTIES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE ANSCHUTZ FOUNDATION PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL ANSCHUTZ FOUNDATION PARTIES’ TOTAL LIABILITY TO YOU EXCEED $100.
4. Indemnification
You agree to indemnify and hold The Anschutz Foundation parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of the Site in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party’s intellectual property or other rights by you or another user of our Site using your computer, mobile device or account.
5. Copyright and Trademark Information
All Content, copyrights and other
intellectual property rights in the Content available on our Site are
owned by The Anschutz Foundation, with all rights reserved, or in
some cases may be licensed to The Anschutz Foundation by third
parties. This Content is protected by the intellectual property
rights of The Anschutz Foundation or those owners.
6. Dispute Resolution
Any dispute arising out of or relating in any way to your use of our Site or any products, services, or information you receive through our Site, shall be submitted to confidential, binding arbitration in Denver, Colorado, pursuant to the American Arbitration Association’s Commercial Arbitration Rules. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Denver, Colorado, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
7. Governing Laws
The laws of the state of Colorado and the United States govern these Terms and any claims arising out of or relating to use of the Site, without giving effect to any choice of law rules. We make no representation that our Site is appropriate, legal or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Denver, Colorado will serve as the venue for any actions brought, or claims made, arising out of your use of our Site.
8. Compliance with Laws
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
9. Changes to These Terms
We reserve the right, at any time, to modify, alter, or update these Terms at any time without prior notice. You are encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Site, without further notice to you. Your continued use of any of our Site after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms.
10. Other Terms
If any provision of these Terms is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of The Anschutz Foundation. You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms as supplemented by any “click-through agreements,” shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to our Site. You agree and understand that these Terms together with any other applicable click-through agreements you may have entered into regarding our Site, constitutes the entire agreement between you and The Anschutz Foundation regarding your use of the Site, and that any other prior agreements between you and The Anschutz Foundation are superseded by these Terms. Any failure by The Anschutz Foundation to exercise its rights under these Terms or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a Site or relating to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
11. Contact Us
If you have any questions about these Terms, please feel free to contact us as follows:
The Anschutz Foundation
info@theanschutzfoundation.org