TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AND ONLINE PRIVACY POLICY CAREFULLY. WHEN YOU USE THE AMERICAN EXCELLENCE FOUNDATION WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND POLICIES
Use of Content
All content included on this Site has been developed and posted to the Site by the American Excellence Foundation (“Foundation”) or other users authorized by Foundation subject to their abiding by strict agreements governing content and intellectual property rights. In using this website, you agree to limit you use of any content included on this Site to the express terms of use set forth for the Site.
Linked Sites
This Site may contain links to other websites belonging to third parties. Through these links other third parties may make available to you additional information. Foundation provides these links as matter of convenience in order to provide additional services to you while visiting this Site.
Content included on a third party website is the property of the third party. You agree that your use of any linked site is subject to the terms of use and privacy policies established by the third party for their respective site.
Trademarks
The Foundation, and other Foundation graphics, logos, images, page headers, button icons, scripts, and service names are registered trademarks, trademarks or proprietary information of Foundation. These trademarks may be included on this Site or any linked site.
You may not use any of these trademarks or other proprietary information without the express written consent of Foundation. You may not use any metadata, meta elements or meta tags or any other "hidden text" utilizing Foundation’s name or trademarks without the express written consent of Foundation.
Illegal or Abusive Usage is Prohibited
You agree not to upload, post or otherwise transmit through this Site any content that is or could appear to be false, inaccurate, misleading, defamatory, libellous, threatening or harassing.
You agree not to upload, post or otherwise transmit through this Site any content that infringes or could appear to infringe on anyone’s intellectual property rights including any copyright, patent, trademark, trade secret, or other proprietary rights of publicity or privacy.
You agree not to upload, post or otherwise transmit through this Site any content that contains any software virus, spyware, malware or other harmful computer code, files or programs that are designed and intended to interrupt, damage, destroy or limit the functionality of the software and hardware supporting the computer operation of this Site.
You agree not to abuse, harass, threaten, impersonate or intimidate other users of this Site or to use this Site for any other unlawful or unauthorized purpose.
Unlawful usage of this Site, including the unauthorized use, reproduction or distribution of content included on or throughout this Site is expressly forbidden.
Electronic Communication
When you visit this Site, you are communicating with Foundation electronically and hereby consent to receive communications from Foundation electronically. Foundation will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that Foundation provides to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranties, Limitation of Liability and Indemnification
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FOUNDATION ON AN "AS IS" AND "AS AVAILABLE" BASIS. FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, RESOURCES (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
FOUNDATION IS NOT RESPONSIBLE FOR CONTENT, MATERIALS, RESOURCES OR SERVICES PROVIDED BY ANY THIRD PARTY INCLUDED ON OR WHICH MAY BE ACCESIBLE THROUGH THIS SITE.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOUNDATION DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, RESOURCES (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM FOUNDATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOUNDATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, RESOURCES (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS FOUNDATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND EACH OF THEIR SUCCESSOR AND ASSIGNS WITH RESPECT TO YOUR USE OF THIS SITE AND ANY COST, LOSS, EXPENSE, LIABILITY, DAMAGE, CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE TO THE FULL EXTENT PERMITED BY LAW. THIS INDEMNIFICATION SHALL INCLUDE FOUNDATION’S COSTS AND REASONABLE ATTORNEYS’ FEES.
Applicable Law
By visiting this Site, you agree that the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise.
Disputes
Any dispute relating in any way to your visit to this Site or to resources or services distributed by Foundation shall be adjudicated in any county, state or federal court in the Commonwealth of Virginia, and you consent to exclusive jurisdiction and venue in such courts.
Online Privacy Policy
The Online Privacy Policy for this Site is a part of and incorporated in this Terms of Service Agreement as if it were fully set forth here.