Terms of Use

Terms of Use

YOUR USE OF OUR SITE, YOUR REGISTRATION ON OUR SITE or any other Foundation Web properties or third-party sites managed by the Smith-Barbieri Progressive Fund, OR YOUR PROVISION TO US OF ANY CONTENT OR PERSONAL INFORMATION CONSTITUTES YOUR AGREEMENT TO THESE TERMS, INCLUDING BUT NOT LIMITED TO THE “PRIVACY POLICY” all as amended from time to time. DO NOT USE THE SITE OR PROVIDE CONTENT OR PERSONAL INFORMATION IF YOU DO NOT AGREE TO THE TERMS OR IF YOUR JURISDICTION WILL NOT HONOR THEM.

1. Infringement Of Our Rights or the Rights of Others; Your Warranty:
Our Site, including the Content, is protected by intellectual property laws and you agree to respect them. All rights not expressly granted to you are reserved. As for intellectual property rights of others, anyone who believes that their work has been infringed may provide a notice to our copyright agent—see Section 11 Copyright Claims & Notices. It is our policy to terminate in appropriate circumstances any (if any) account or right of access for repeated infringement, and we also reserve the right to terminate for even one infringement.
2. Feedback; Your License to Us:
We hope that you will provide your Feedback (as defined below) so that we may better support, improve and pursue our charitable mission. However, you agree that you will not supply Feedback that infringes or violates the rights of others, and you hereby grant a License to the Foundation (as defined below) in your Feedback. You agree that we have no obligation to pay you or anyone else for Feedback or for the License to the Foundation. “Feedback” means all remarks, data, suggestions, methods, surveys, reports, processes and ideas (including patentable ideas) and other Content that you provide by using the Site or provide about it, Content or any aspect of our mission or operations, whether provided to us or persons working with us or the Feedback, and whether provided through the Site or in other media such as a chat room, survey, report, grant, software tool, bulletin board or otherwise.
As used above, “License to the Foundation” means a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to the Foundation to exercise all now or later existing intellectual property rights or other rights of yours or others in the Feedback, for purposes of supporting the Foundation’s charitable purposes (as determined by us in our discretion from time to time) in full or in part and in all possible media (now known or later developed). The foregoing rights include (but are not limited to), the right to display, perform, read (on air or otherwise), and publish in public or private sites, newspapers or other media, brochures, reports and so on, all or part of the Feedback and any other information that you provide through or relating to our Site or the Content. The License to the Foundation is in addition to any (if any) that you may be required to provide under any separate agreement between us and you (including grants or other agreements).

3. Indemnification: You agree to indemnify, defend and hold harmless the Foundation and Third Parties, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: the Content, use of the Site or related sites, any assistance or services provided by us or Third Parties, any alleged unauthorized use of the Site, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent in a non-electronic record.  Your obligation to indemnify, defend and hold harmless shall be limited to the extent 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. 
4. NO WARRANTIES, CONDITIONS OR OTHER DUTIES:
THE SITE AND ALL CONTENT (regardless of who generates it), SITE FUNCTIONALITY, ASSISTANCE AND SERVICES PROVIDED BY SITE, THE FOUNDATION OR THIRD PARTIES  (collectively, “COMPLETE SITE”) ARE SUBJECT TO CHANGE AND PROVIDED BY US OR THIRD PARTIES “AS IS” WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE COMPLETE SITE IS PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. ALSO, THERE IS NO WARRANTY BY US OR THIRD PARTIES OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
5. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES: TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER THE FOUNDATION NOR ANY OF THE THIRD PARTIES, WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OF REPUTATION, FOR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY ASPECT OF THE COMPLETE SITE OR TO ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY), EVEN IF WE OR A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.

6. EXCLUSIVE REMEDY; DAMAGE LIMITATION: YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY) AND FOR ANY AGGREGATE DAMAGES DUE YOU (OR OTHERS RELATED TO YOU) BY THE FOUNDATION OR ANY OF THE THIRD PARTIES FOR ANY REASON RELATING TO ANY PART OF THE COMPLETE SITE, WILL BE AT OUR OPTION: (A) SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE CONTENT OR SERVICE CAUSING YOUR DAMAGE (IF ANY); OR (B) THE AMOUNT OF YOUR DAMAGES THAT ARE NOT EXCLUDED IN THE PRECEDING SECTION AND WHICH YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT WILL BE THE LESSER OF THE AMOUNT YOU ACTUALLY PAID US FOR THE ITEM CAUSING THE DAMAGE (IF ANY) OR THE AMOUNT OF SAID DAMAGES SO INCURRED. The damage exclusions and limitations in these Terms are independent and will apply even if any remedy fails of its essential purpose.
7. Linked Sites: Our Links to Other Sites: Our Site may contain links to Web sites of third parties. We provide these links as a convenience, but do not endorse the linked site or anything on it. While their information, products, services and information may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any visits to linked sites are at your own risk and governed by their privacy policies (if any).
Your Links to Our Site: You are not permitted to link or shortcut to our Site from your Web site, blog or similar application, without obtaining prior written permission from us.
8. GOVERNING LAW AND EXCLUSIVE JURISDICTION: These Terms and your use of the Site are governed by the laws of the State of Washington, U.S.A., without regard to its choice of law provisions, except where you are required by published governmental law, ordinance, regulation, directive, order, or the like (collectively, “Mandate”) to contract for application of the law of your local jurisdiction. You hereby consent to exclusive jurisdiction of a state or federal court of general jurisdiction sitting in Spokane County, Washington, U.S.A. except to the extent you are prohibited from doing so by a Mandate.
9. Termination or Cancellation; No Continuing Rights: You have no continuing right to use the Site and we may deny or suspend access, or terminate or cancel this agreement with or without cause and at any time and without prior notice. This is so even if you elect to store documents on this site such as your resume for use in a job application or a draft of a grant application, so make your own copies of anything to which you want to ensure access. We may give notice of termination or cancellation in the same way that we may provide other notices.
Termination or cancellation will not eliminate the surviving provisions of these Terms (see “Entire Agreement; Miscellaneous”) and you will still be liable for obligations incurred before the agreement or access ended.
10. Entire Agreement; Miscellaneous: These Terms, including the Privacy Policy (including any of the supplemental privacy policies), Amendments and any:  (a) notices, terms and items incorporated into any of them; (b) additional terms and conditions contained on the Site for particular activities or Content; and (c) our disclosures and your consents provided on or in connection with the Site or any Content, service or other activity; constitute the entire agreement between you and the Foundation regarding the Complete Site or the subject matter of the foregoing (collectively, “Entire Agreement”).  If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.  The foregoing does not impair the enforceability of additional agreements you enter into such as an agreement for a grant.
Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. Time is of the essence of the Entire Agreement and there are no third party beneficiaries of it. The terms of this Section 10, 2 through 6, 8 and 9, and our rights under the Privacy Policy will survive termination or cancellation of this Agreement. You may print or make an electronic copy of the Entire Agreement for your official records; to the extent required by law, we hereby instruct you to do so. You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent.
11. Copyright Claims and Notices: Copyright infringement claims and notices should be sent in the following manner to:
Smith-Barbieri Progressive Fund, A Charitable Foundation
820 N. Post St., #603
Spokane, WA 99201



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