Legal

Last Changes to Terms and Conditions: May, 2019

The policies below are applicable to data and information collected when you use the The Russell Family Foundation (“TRFF”) network of websites, including www.trff.org (including any versions optimized for viewing on a wireless or tablet device); all email newsletters published or distributed by TRFF; all apps published by TRFF; and all other interactive features and communications provided by TRFF (“Website”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by TRFF or its related entities (collectively “TRFF” or “we”, “us”, or “our”). BY USING OUR WEBSITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE APPS AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY.

This is a legal agreement between you (“you” or “user”) and TRFF that states the material terms and conditions that govern your use of the Website. This agreement, together with all updates, supplements, additional terms, and all of TRFF’s rules and policies collectively constitute this “Agreement” between you and TRFF. BY ACCESSING THE WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED HEREIN, PLEASE DO NOT USE THE WEBSITE.

License to use Website

Unless otherwise stated, TRFF and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download and print pages, including without limitation grants and investments of TRFF from the Website solely for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You may not:

● republish material from this Website (including republication on another website);
● sell, rent or sub-license material from the Website;
● show any material from the Website in public;
● reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;]
● edit or otherwise modify any material on the Website; or
● redistribute material from this Website.

You will not use TRFF’s name or any language, pictures or symbols which could, in TRFF’s judgment, imply TRFF’s endorsement or harm TRFF’s reputation, including without limitation in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

Acceptable use

You must not use this Website in any way that causes, or may cause, damage to the Website or TRFF or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without TRFF’s express written consent.

You are prohibited from using the Website to post or send any unlawful, threatening, defamatory, or obscene material or any material that could constitute or encourage conduct that would be considered harassment, a criminal offense or otherwise violate any law. You further agree that sending or posting unsolicited advertisements or “spam” on or through the Website is expressly prohibited by this Agreement. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Restricted access

Access to certain areas of this Website is restricted. TRFF reserves the right to restrict access to areas of this Website, or indeed this entire Website, at TRFF’s discretion.

If TRFF provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.

TRFF may disable your user ID and password inTRFF’s sole discretion without notice or explanation.]

No warranties

We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website.

This Website is provided “as is” without any representations or warranties, express or implied. [NAME] makes no representations or warranties in relation to this Website or the information and materials provided on this Website. Your use of the Website is at your own risk.

Without prejudice to the generality of the foregoing paragraph, TRFF does not warrant that:

● this Website will be constantly available, or available at all; or
● the information on this Website is complete, true, accurate or non-misleading.

Nothing on this Website constitutes, or is meant to constitute, professional advice of any kind.

Limitations of liability

TRFF will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:

● to the extent that the Website is provided free-of-charge, for any direct loss;
● for any indirect, special or consequential loss; or
● for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if TRFF has been expressly advised of the potential loss.

Release

In the event that you have a dispute with one or more other users of the Website, you release TRFF (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Exceptions

Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

Unenforceable provisions

If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.

Indemnity

You hereby indemnify TRFF and undertake to keep TRFF indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by TRFF to a third party in settlement of a claim or dispute on the advice of TRFF’s legal advisers) incurred or suffered by TRFF arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to TRFF’s other rights under these terms and conditions, if you breach these terms and conditions in any way, TRFF may take such action as TRFF deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Assignment

TRFF may transfer, sub-contract or otherwise deal with TRFF’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Privacy

Data collection and use, including data collection and use of personally identifiable information is governed by TRFF’s Privacy Policy [Insert link] which is incorporated into and is a part of this Agreement.

Entire agreement

These terms and conditions [, together with [DOCUMENTS],] constitute the entire agreement between you and TRFF in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.

Law and jurisdiction

Any claim relating to, and the use of, this Apps and the materials contained herein is governed by the laws of the State of Washington. You consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.