1. Terms of Use

1.1 Agreement Between User & San Diego Foundation

The San Diego Foundation Web Site is comprised of various Web pages operated by San Diego Foundation.

The San Diego Foundation Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the The San Diego Foundation Web Site constitutes your agreement to all such terms, conditions, and notices.

1.2 Modification of these Terms of Use

San Diego Foundation reserves the right to change the terms, conditions, and notices under which the San Diego Foundation Web Site is offered, including but not limited to the charges associated with the use of the The San Diego Foundation Web Site.

1.3 Links to Third Party Sites

The San Diego Foundation Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of San Diego Foundation and San Diego Foundation is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. San Diego Foundation is not responsible for webcasting or any other form of transmission received from any Linked Site. San Diego Foundation is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The San Diego Foundation of the site or any association with its operators.

1.4 No Unlawful or Prohibited Use

As a condition of your use of the San Diego Foundation Web Site, you warrant to The San Diego Foundation that you will not use the San Diego Foundation Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the San Diego Foundation Web Site in any manner which could damage, disable, overburden, or impair the San Diego Foundation Web Site or interfere with any other party’s use and enjoyment of the San Diego Foundation Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the San Diego Foundation Web Sites.

1.5 Use of Communication Services

The San Diego Foundation Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

San Diego Foundation has no obligation to monitor the Communication Services. However, San Diego Foundation reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. San Diego Foundation reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

San Diego Foundation reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in San Diego Foundation’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. San Diego Foundation does not control or endorse the content, messages or information found in any Communication Service and, therefore, San Diego Foundation specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized San Diego Foundation spokespersons, and their views do not necessarily reflect those of San Diego Foundation.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

1.6 Materials Provided to San Diego Foundation or Posted at any San Diego Foundation Website

San Diego Foundation does not claim ownership of the materials you provide to San Diego Foundation (including feedback and suggestions) or post, upload, input or submit to any San Diego Foundation Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting San Diego Foundation, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The San Diego Foundation is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the San Diego Foundation’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

1.7 Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SAN DIEGO FOUNDATION WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SAN DIEGO FOUNDATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SAN DIEGO FOUNDATION WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE SAN DIEGO FOUNDATION WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

SAN DIEGO FOUNDATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SAN DIEGO FOUNDATION WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE SAN DIEGO FOUNDATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAN DIEGO FOUNDATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SAN DIEGO FOUNDATION WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SAN DIEGO FOUNDATION WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SAN DIEGO FOUNDATION WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SAN DIEGO FOUNDATION WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE SAN DIEGO FOUNDATION OR ANY OF ITS SUPPLIERS 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 TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SAN DIEGO FOUNDATION WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SAN DIEGO FOUNDATION WEB SITE.

Service Contact: [email protected]

1.8 Termination / Access Restriction

San Diego Foundation reserves the right, in its sole discretion, to terminate your access to the San Diego Foundation Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, California, U.S.A. in all disputes arising out of or relating to the use of the San Diego Foundation Web Site. Use of the the San Diego Foundation Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and San Diego Foundation as a result of this agreement or use of the San Diego Foundation Web Site. San Diego Foundation’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of San Diego Foundation’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the San Diego Foundation Web Site or information provided to or gathered by San Diego Foundation with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and San Diego Foundation with respect to the San Diego Foundation Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and San Diego Foundation with respect to the San Diego Foundation Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

1.9 Text Messaging (SMS/MMS)

San Diego Foundation may offer a text messaging (SMS/MMS) program through which it sends recurring informational and marketing text messages, such as updates, changes, news, and similar communications about San Diego Foundation and its programs, to individuals with whom San Diego Foundation has a relationship. These messages are sent on an individual, one-to-one basis and, because they relate to San Diego Foundation’s charitable, non-commercial activities, may be sent without prior consent to the extent permitted by applicable law. Where consent is legally required, San Diego Foundation obtains it before sending. Enrollment in the text messaging program is voluntary and is not a condition of any donation, grant, program participation, or other service.

By enrolling, you agree to the text messaging terms set forth in the San Diego Foundation Privacy Policy, including how consent is obtained and how you may opt out. Message frequency may vary. Message and data rates may apply, and you are responsible for any such charges imposed by your wireless carrier. You may cancel at any time by replying STOP to any message, and you may reply HELP for assistance. San Diego Foundation does not sell or share mobile telephone numbers or text-messaging consent with third parties for their marketing purposes, as further described in the Privacy Policy. Standard message-and-data-rate and carrier terms are between you and your wireless carrier, and San Diego Foundation is not liable for delays or failures in the delivery of any text message.

1.10 Copyright and Trademark Notices

1.11 Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

1.12 Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

San Diego Foundation respects the intellectual property rights of others and expects users of the San Diego Foundation Web Site to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), San Diego Foundation will respond expeditiously to claims of copyright infringement committed using the San Diego Foundation Web Site that are reported to San Diego Foundation’s Designated Agent, identified below.

Notice of Claimed Infringement. If you are a copyright owner, or authorized to act on behalf of one, and you believe that your work has been copied in a way that constitutes copyright infringement, please provide San Diego Foundation’s Designated Agent with a written notice (“Notice”) that includes substantially the following, as required by 17 U.S.C. § 512(c)(3):

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single Notice, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit San Diego Foundation to locate the material (such as the URL or other specific location);
Information reasonably sufficient to permit San Diego Foundation to contact you, such as an address, telephone number, and, if available, an electronic mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the Notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please be aware that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys’ fees.

Designated Agent. Notices of claimed infringement should be directed to:

Copyright Agent
San Diego Foundation
2508 Historic Decatur Rd., Ste. 200
San Diego, CA 92106
Email: [email protected]
Phone: (619) 235-2300

Counter-Notification. If you believe that material you posted to the San Diego Foundation Web Site was removed or disabled by mistake or misidentification, you may submit a written counter-notification to the Designated Agent that includes substantially the following, as required by 17 U.S.C. § 512(g)(3):

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located (or, if your address is outside the United States, the judicial district in which San Diego Foundation may be found), and that you will accept service of process from the person who provided the original Notice or an agent of such person.