Except as otherwise provided in a written agreement signed by the parties, these
Terms of Use represent the entire understanding between you and the Washington
Health Foundation ("WHF") regarding your use of
www.whf.org (the "Site"). WHF is providing you access to the Site
subject to these Terms of Use and WHF's Privacy Policy. By accessing the Site, you
signify your acceptance of these Terms of Use and your acceptance of the Privacy
Policy.
WHF reserves the right, at any time, to modify, alter, update, or remove portions
of these Terms of Use or the Privacy Policy, so please check them from time to time
as your continued use of the Site signifies your acceptance of any changed terms.
If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole
and exclusive remedy is to discontinue your use of the Site.
Disclaimer
WHF PROVIDES THE SITE AND ITS SERVICES ON AN "AS-IS" BASIS. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHF DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION
WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS,
AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH
THE SITE. WITHOUT LIMITING THE FOREGOING, WHF DOES NOT WARRANT THAT THE SITE OR
ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHF DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE
SERVICES DESCRIBED THEREIN.
Limitation of Liability
IN NO EVENT SHALL WHF BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION,
OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE OPERATION OF THE SITE, THE INFORMATION,
CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS
SUBMITTED THROUGH THE SITE, EVEN IF WHF IS EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE FOUNDATION'S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE
IS LIMITED TO A MAXIMUM OF $10.
Links
The Site contains links to other Web sites on the Internet that are owned and operated
by someone other than WHF. WHF provides these links solely as a convenience. The
appearance of a link does not imply WHF's endorsement, nor is WHF responsible for
the content of any linked site. You access linked sites at your own risk.
Eligibility
IF YOU ARE UNDER 18, PLEASE BE SURE TO READ THESE TERMS OF USE WITH YOUR PARENTS
AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND. CHILDREN UNDER 13 SHOULD GET
YOUR PARENTS' PERMISSION BEFORE GIVING OUT YOUR EMAIL ADDRESS OR ANY PERSONAL INFORMATION
TO WHF, OR TO ANYONE ELSE ON THE INTERNET.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations
regarding your use of the Site and your use of the services described therein.
Submissions
WHF welcomes your comments and feedback regarding the Site and the services
described therein. However, we do not want and cannot accept any applications, ideas,
materials, or suggestions you consider to be confidential or proprietary. Accordingly,
all applications, supporting materials, comments, feedback, ideas, suggestions,
and other similar submissions disclosed, submitted, or offered to WHF, using the
Site or otherwise, (collectively, "Submissions") are not confidential
and may be retained and freely used by WHF.
General Proprietary Rights
The Site is owned by WHF and contains material that is derived in whole or in
part from WHF and other sources. The Site and its contents are protected by international
copyright, trademark, and other intellectual property laws. You may only download
and distribute documents that WHF posts on the Site if you acknowledge the source
of such documents. WHF may revoke your right to download and distribute such documents
at any time.
Copyright
All designs, text, code, graphics, and interfaces, and the selection and arrangements
thereof, on the Site are the property of WHF, or its content suppliers, and are
protected by U.S. and other international copyright laws, © 2003 Washington
Health Foundation. ALL RIGHTS RESERVED. Except as otherwise expressly provided in
these Terms and Conditions, you may not copy, distribute, transmit, display, perform,
reproduce, publish, license, rewrite, create derivative works from, transfer or
sell any material contained on the Site without the prior consent of the Foundation
or the copyright owner.
Under no circumstances may you "frame" the Site or any of its content
or copy portions of the Site to a server, except as part of an Internet service
provider's incidental caching of pages. Each page within the Site must be displayed
in full (including all trademarks and branding), without any accompanying frame,
border, margin, design, branding, trademark, or promotional materials not originally
displayed on the page within the Site.
Notices and Procedure for Marking Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to the agent below. ALL INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. WHF's copyright agent for
notice of claims of copyright infringement on the Site is Greg Vigdor, President
and CEO, who can be reached as follows:
Greg Vigdor, President and CEO
Washington Health Foundation
300 Elliott Ave. W., Suite 300
Seattle, WA 98119-4118
(206) 285-6355
e-mail: GregV@whf.org
Trademarks
The Washington Health Foundation logo is a trademark of WHF. It may not be used
in connection with any product or service other than those services offered by WHF,
in any manner that is likely to cause confusion, or in any manner that disparages
or discredits WHF.
Grant Policies
All funds contributed to WHF and income generated from these funds are assets of
WHF. The use of such funds are subject to the Foundation's then current policies.
Please contact WHF at the number set forth below for more information on such policies.
Applicable Law
The Foundation operates the Site from Seattle, Washington, United States of
America. The laws applicable to the interpretation of these Terms of Use shall be
the laws of the State of Washington without regard to any conflict of law provisions.
Disputes
You agree that any action at law or in equity arising out of or relating to these
Terms of Use, the Site, and/or the services described therein shall be filed exclusively
in the state or federal courts of King County, Seattle, Washington, USA, and you
hereby consent and submit to the exclusive jurisdiction and venue of such courts.
No action arising under or relating to these Terms of Use may be brought by either
party more than one year after the cause of action has accrued.
Termination
These Terms of Use shall remain in force until terminated by WHF. WHF may terminate
the Terms of Use, or suspend your access to all or part of the Site, without notice,
for any conduct that WHF, in its sole discretion, believes is disruptive or is in
violation of any applicable law or these Terms of Use. In the event of any such
termination, the disclaimers, limitations of liabilities, Submissions provision,
intellectual property rights provision, choice of law provision, and venue provision
set forth in these Terms of Use shall survive.
Miscellaneous
If any provision of these Terms of Use shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these Terms of
Use and shall not affect the validity and enforceability of any remaining provisions.
Last Modified: June 8, 2005
The Washington Health Foundation
300 Elliott Ave. W., Suite 300
Seattle, WA 98119-4118
(206) 285-6355