The Meadows Foundation
Terms and Conditions of Use
For www.mfi.org
Acceptance of Terms
Welcome to the Meadows Foundation Internet web site.
This web site with its home page in the domain www.mfi.org (the "Web site") is a
complimentary service offered by the Meadows Foundation at no charge to users of the
World Wide Web. By accessing and using our Web site, you agree to be bound by these Terms
and Conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
Intellectual Property
This Web site contains trademarks, logos and service marks
that are the property of the Meadows Foundation and other parties (the "Marks"). In order
to keep these Marks distinctive, you are prohibited from using any Marks for any purpose,
including, but not limited to, use as metatags on other pages or sites on the World Wide Web
without prior written permission of the Meadows Foundation or such third party who may own the
Marks.
All information and content, including, but not limited to, text, graphics, logos, and any
software programs available on or through the Web Site ("Content") is protected by copyright
and other laws. You are prohibited from modifying, copying, distributing, transmitting,
displaying, publishing, selling, licensing, creating derivative works or using any Content
available on or through the Web site for commercial or public purposes. Without in any way
waiving any of the foregoing rights, you may download one copy of the Content on the Web
site solely to facilitate your use of the Web site resources for personal and non-commercial
purposes, provided you do not delete or change any copyright, trademark or other proprietary
notices. Modification or use of the Content on the Web site may subject you to penalties or
damages, including but not limited to those related to violation of trademarks, copyrights,
privacy, and publicity damages.
No permission is hereby granted to you to distribute, modify, post or frame any Content.
Linked Sites
Although this site may be linked to other sites, the Meadows Foundation is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site. The Meadows Foundation has not reviewed all the sites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Your linking to any other off site pages or other sites is at your own risk.
Privacy
The Meadows Foundation collects information voluntarily
submitted by visitors to the Web site, which enables us to respond to requests. We also
collect aggregate anonymous information to help us tailor the site to visitor interests
and concerns. While we attempt to protect the transmission of any information visitors submit,
no transmission of data is completely secure, so submissions are at you own risk.
The Meadows Foundation is not responsible under any
circumstances for damages resulting from the use of the information collected on the Web site.
No Warranty
ALL CONTENT, INFORMATION AND MATERIALS CONTAINED ON THE WEB
SITE ARE PROVIDED TO YOU ON AN "AS IS" 'WHERE IS" AND "WHERE AVAILABLE" BASIS WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND/OR ACCURACY.
The Meadows Foundation expressly disclaims, to the fullest extent possible under the law, any
and all liability for any infringement or other violation of intellectual property rights
associated with the Web site or its content.
The Meadows Foundation makes no warranty that the Web site
will meet your requirements or that the services will be uninterrupted, timely, secure or free
of errors or viruses, nor does the Meadows Foundation warrant that the results you may obtain
through the Web site will meet your needs or that the Meadows Foundation will correct any
software defects. Any content and/or data you download or otherwise obtain through the Web site
comes at your own discretion and your own risk. You alone are solely responsible for any damage
to your computer systems including, but not limited to, computer hardware, computer software
or connections, or loss or corruption of data. No advice or information from the Meadows
Foundation, whether oral or written, will create a warranty.
Limitation of Liability
By entering the Web site you acknowledge and agree that your
use is at your own risk and that none of the parties involved in creating, producing, or
delivering the Web site is liable for any direct, incidental, consequential, indirect, or
punitive damages, or any other losses, costs, or expenses of any kind (including legal fees,
expert fees, or other disbursements) which may arise, directly or indirectly, through the
access to, use of, or browsing of this site or through your downloading of any materials, data,
text, images, video or audio from this site, including but not limited to anything caused by
any viruses, bugs, human action or inaction or any computer system, phone line, hardware,
software or program malfunctions, or any other errors, failures or delays in computer
transmissions or network connections.
Indemnification
You are personally responsible for your behavior while you use
the Web site. You hereby agree to indemnify, defend, and hold the Meadows Foundation and any
affiliated companies harmless from and against any and all liability and costs, including, but
not limited to, reasonable attorneys' fees and settlement amounts, incurred by the Meadows
Foundation and any affiliated companies in connection with any claim or demand of any third
party alleging losses, damages, injuries, expenses, harm, costs and the like arising out of
your use of, or inability to use, the Web site, connections to the Web site, alleged violation
of these Terms and Conditions, alleged violation of the rights of a third party, or alleged
violation of federal privacy law including, without limitation, the Children's Online Privacy
Protection Act or any other regulations or rules with respect to privacy promulgated or enforced
by any federal agency.
Amendment
The Meadows Foundation reserves the right to amend this
Agreement at any time and for any reason and reserves the right to make changes at any time,
without notice or obligation, to any of the information contained on the Web site.
Severability
If any part or section of these Terms and Conditions shall be
held illegal, unenforceable, or invalid for any reason, the illegality, unenforceability, or
invalidity of any provision or portion of the Terms and Conditions shall not affect the
remainder of the Terms and Conditions, and the Terms and Conditions shall be construed and
enforced as if the illegal, unenforceable, or invalid provision or portion thereof had not been
included herein.
Non-waiver
The failure of the Meadows Foundation to enforce at any time
any term, provision or condition of these Terms and Conditions, or to exercise any right herein,
shall in no way operate as a waiver thereof, nor shall any single or partial exercise preclude
any other right herein. In no way whatsoever shall a waiver of any term, provision or condition
of these Terms and Conditions be valid unless in writing, signed by the Meadows Foundation,
and only to the extent set forth in such writing.
Governing Law and Forum Selection
This site is designed for use in the United States of America
and is to be construed and evaluated according to the laws of the United States of America.
By accessing this Web site both you and the Meadows Foundation
agree that the statutes and laws of the State of Texas, without regard to conflicts of laws
principles thereof, will apply to all matters arising from or relating to the use of this Web
site. Any disputes arising under or related in any way to these Terms and Conditions or to this
Web site shall be solely and exclusively litigated, arbitrated, or otherwise heard in Dallas
County, Texas. You consent to jurisdiction in any state or federal courts sitting in Dallas
Country, Texas and arbitration in Dallas County, Texas, and hereby waive any claim or
defense that such forum is not convenient.
Headings
The headings appearing at the beginning of the sections
contained in these Terms and Conditions have been inserted for identification and reference
purposes only and shall not be used to determine the construction or interpretation of this
agreement.
Thank You
Thank you for visiting the Meadows Foundation Web site.
We hope you accept these Terms and Conditions of Use in order to use this site.
