These Terms of Use (“Terms”) apply to your access to and use of www.brokenmarketplace.org/ (the “Site”) provided by the Schultz Family Foundation (“Schultz Family Foundation”, “we”, “our” or “us”). By using the Site, you agree to these Terms. If you do not agree to these Terms, do not use the Site.
We may make changes to these Terms from time to time. If we make changes, we will update the date at the top of these Terms or provide notice through our Site. Unless stated otherwise, the amended Terms will be effective immediately, and your continued use of the Site will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Site.
If you have questions concerning the Terms below, our Privacy Policy or the Site, please contact us at info@schultzfamilyfoundation.org.
Please see our Privacy Policy for information about how we collect, use, disclose and otherwise process information about you.
You must be at least 18 years of age to use the Site. If you use our Site on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
We may provide information about third-party services through the Site, and we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Services”). Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Services are solely between you and the third party. The Schultz Family Foundation does not control or endorse, and makes no representations or warranties regarding, any Third-Party Services, and your access to and use of such Third-Party Services is at your own risk.
You are solely responsible for your conduct while using the Site. While using the Site, you agree to not violate any applicable law, contract, intellectual property right or other third-party right, or commit a tort. In addition, you will not:
Enforcement of this Section 4 is solely at the Schultz Family Foundation’s discretion, and failure to enforce this Section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.
a) Ownership; Limited License
The Site, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, is owned by the Schultz Family Foundation or its licensors and is protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Site for your own personal, noncommercial use. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
b) Trademarks
Our logos are trademarks of the Schultz Family Foundation and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
c) Feedback
You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, or other feedback about us or our Site (“Feedback”). You grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your Feedback and any name or likeness provided in connection with your Feedback in all media formats and channels now known or later developed without compensation to you or any third party. You hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Feedback that you may have under any applicable law or under any legal theory.
The Site and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, the Schultz Family Foundation does not represent or warrant that the Site is accurate, complete, reliable, current or error-free. While the Schultz Family Foundation attempts to make your use of the Site and any content therein safe, we cannot and do not represent or warrant that the Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the Schultz Family Foundation and its agents, partners, affiliates, employees and contractors (individually and collectively, the “Schultz Family Foundation Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Indemnifiable Claims”) arising out of or related to (a) your access to or use of the Site; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your conduct in connection with the Site. You agree to promptly notify the Schultz Family Foundation Parties of any third-party Indemnifiable Claims, cooperate with the Schultz Family Foundation Parties in defending such Indemnifiable Claims and pay all fees, costs and expenses associated with defending such Indemnifiable Claims (including, but not limited to, attorneys’ fees). You also agree that the Schultz Family Foundation Parties will have control of the defense or settlement, at the Schultz Family Foundation’s sole option, of any third-party Indemnifiable Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Schultz Family Foundation or the other Schultz Family Foundation Parties.
To the fullest extent permitted by applicable law, the Schultz Family Foundation Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if the Schultz Family Foundation Parties have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, you release the Schultz Family Foundation and the other Schultz Family Foundation Parties from responsibility, liability, claims, demands, or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
The total liability of the Schultz Family Foundation Parties to you for any claim arising out of or relating to these Terms or the Site, regardless of the form of the action, is limited to $100.00.
The limitations set forth in this Section 7 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of the Schultz Family Foundation or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
We reserve the right to modify the Site or to suspend or stop providing all or portions of the Site at any time. You also have the right to stop using the Site at any time. We are not responsible for any loss or harm related to your inability to access or use the Site.
a) Governing Law and Venue
Any dispute arising from these Terms or your use of the Site will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King County, Washington.
b) Severability
If any provision or part of a provision of these Terms is determined to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
c) Miscellaneous
The failure of the Schultz Family Foundation to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.