INTRODUCTION
Congaree Foundation (“Congaree Foundation”) is a nonprofit public charity formed to undertake activities to promote education, relieve poverty, and assist disadvantaged young people from around the world; and provide such other functions as may be necessary or appropriate to fulfill the purposes of the Foundation.
We understand that you are aware of and care about your own personal privacy interests, and we respect the privacy of our users. This Privacy Notice explains how we collect, use, disclose and safeguard your personal information, and sets forth your privacy rights. We recognize that information privacy is an ongoing responsibility, and so we will from time to time update this Privacy Notice as we undertake new personal information practices or adopt new privacy policies. We will notify you of changes to this Privacy Notice by updating the version and effective date of this Privacy Notice. To the extent permitted by applicable jurisdiction, by accessing the website for us or anywhere this Privacy Policy is posted, you consent to this Privacy Policy.
If you reside in the European Economic Area, United Kingdom, or Switzerland, you have additional rights with respect to your personal data, which include rights under the EU’s General Data Protection Regulation (“GDPR”).
If you reside in California, USA, you have additional rights with respect to your personal information as granted by the California Consumer Privacy Act.
For persons with disabilities, please email us at privacy@congareefoundation.org for further guidance on Congaree Foundation’s Privacy Policy.
HOW WE COLLECT YOUR PERSONAL INFORMATION
Congaree Foundation relies on fulfillment of contract as the lawful basis, under GDPR Article 6 and other applicable data privacy laws and regulations, for processing users’ personal information. We collect your information in several ways, including through use of our website, through our social media pages that we control, through our email messages and through direct correspondence with us, or from third parties. You can enjoy many of Congaree Foundation’s services without giving us your personal information. For example, most of the information on our website is available even to those who are not consumers.
Your Use of the Congaree Foundation Web Site
Congaree Foundation has a legitimate interest in understanding how consumers and potential consumers use its website (“Site”). This assists us with providing more relevant products and services and providing appropriate resources to meet consumers’ needs.
Personal Information
Congaree Foundation does not directly collect personally identifiable information about you, such as your name, address, email address, telephone number, or other demographic information, on its Site, except to the extent that you elect to apply for participation in one or more Congaree Foundation programs through our online portal or submit written communications directly to Congaree Foundation. Except in that limited circumstance, you are not obligated or required to provide us with personal information of any kind to use our Site.
Usage Data
As is true of most other websites, our Site collects certain information automatically and stores it in log files. The information may include internet protocol (IP) addresses, the region or general location where your computer or device is accessing the internet, browser type, operating system and other usage information about the use of the Site, including a history of the pages you view. We use this information to help us design our Site to better suit our users’ needs. We may also use your IP address to help diagnose problems with our server and to administer our Site, analyze trends, track visitor movements, and gather broad demographic information that assists us in identifying visitor preferences. For more information on this, please see the section Our Use of Tracking Technology below.
Links to Other Content
In addition to producing original content, Congaree Foundation also subscribes to news feeds and blogs produced by others, which we often link to from our Site. This means the Site or communications from Congaree Foundation’s communications team may offer you a link to another organization’s website where you will find content that we find relevant and useful to you. At these times, you will be leaving the Site. Congaree Foundation is not responsible or liable for content provided by these third party websites or personal information they may happen to gather from you.
Your Correspondence with Congaree Foundation
If you correspond with us by email, the postal service, or other form of communication, we may retain such correspondence and the information contained in it and use it to respond to your inquiry; to notify you of Congaree Foundation events, publications, or other services; or to keep a record of your complaint, accommodation request, and the like. If you wish to have Congaree Foundation “erase” your personal information or otherwise refrain from communicating with you, please contact us at privacy@congareefoundation.org .
Note: If you ask Congaree Foundation not to contact you by email at a certain email address, Congaree Foundation will retain a copy of that email address on its “master do not send” list in order to comply with your no-contact request.
Congaree Foundation has a legitimate interest in maintaining personal information of those who communicate voluntarily with Congaree Foundation.
Personal Information We Get from Third Parties
From time to time, Congaree Foundation receives personal information about individuals from third parties. One of our third-party partners may also share your personal information with Congaree Foundation when required in connection with Congaree Foundation’s operations.
HOW WE USE (PROCESS) YOUR PERSONAL INFORMATION
Purposes for Processing Your Information
As explained above, Congaree Foundation processes your information to provide you with the goods or services you have requested from us. We use this information to refine our goods and services to better tailor them to your needs and to communicate with you about other services and programs Congaree Foundation offers that may assist you. Congaree Foundation has a legitimate interest in processing information to better understand the needs, concerns, and interests of those participating in its programs so we can operate Congaree Foundation’s programs.
Most of the time, Congaree Foundation needs to process your personal information to fulfill a request for goods or services. Specifically, we may use your personal information to create and manage your account, deliver targeted communications regarding our services, email you regarding your account, fulfill and manage orders, perform other program-related activities as needed, process fee or expense payments and refunds, respond to consumers, participant or parent requests, or resolve disputes and problems. Congaree Foundation may also rely upon your consent, in which case we will keep a record of it and honor your choices.
WHEN AND HOW WE DISCLOSE YOUR INFORMATION TO OTHERS
The personal information Congaree Foundation collects from you is stored in one or more databases hosted by third parties located in the United States. These third parties do not use or have access to your personal information for any purpose other than cloud storage and retrieval.
We do not reveal your personal information to third parties for their independent use except in the situations listed below.
At Your Request or Authorization
If you request or authorize us to share your personal information with third parties, we may do so.
In Order to Provide Services
We may share your personal information with third parties who perform services on our behalf, including our agents, vendors or service providers, in order to fulfill our obligations to you in connection with Congaree Foundation’s operations. With your consent (given with the opportunity for you to withdraw your consent), we may share your personal information for marketing purposes. We may also gather aggregated data about our consumers and Site visitors and disclose the results of such aggregated (but not personally identifiable) information to our partners, service providers, advertisers and/or other third parties for marketing or promotional purposes.
By Law or to Protect Our Rights or the Rights of Others
We may disclose your personal information to third parties if the information is provided to comply with the law (for example, to comply with a search warrant, subpoena or court order). We may also disclose your personal information to enforce an agreement we have with you, or to protect our rights, property, or safety, or the rights, property, or safety of our employees or others. In addition, if we believe the disclosure of your personal information is necessary to investigate or remedy potential violations of our policies, or to address disputes or claims, we may share your information as permitted or required by applicable law, rule, or regulation. We may also disclose your personal information to address emergencies or acts of God.
Social Media
The Site uses interfaces with social media sites such as Facebook, LinkedIn, Twitter and others. If you choose to “like” or share information from the Site through these services, you should review the privacy notices for those services. If you are a member of a social media site, the interfaces may allow the social media site to connect your site visit to your personal information.
Affiliates and Related Entities; Transfer of Information
We may share your information with our related entities and affiliates, who we require to honor the terms of this Privacy Notice. In the event of a sale, merger, acquisition, bankruptcy, dissolution, reorganization, a sale of some or all of the foundation or its affiliates’ assets, financing, or a similar transaction or proceeding, or steps in contemplation thereof, some or all of your personal information may be shared or conveyed, subject to standard confidentiality arrangements.
OUR USE OF TRACKING TECHNOLOGY
We use certain tracking technologies to improve the functionality of the Site and your experience when you access it.
Cookies and web beacons
Congaree Foundation makes available a comprehensive Cookie Notice that describes the cookies used on the Site and provides information on how users can accept or reject them.
Do not track
Congaree Foundation keeps a record of third party websites accessed when a user is on the Site and clicks on a hyperlink. However, Congaree Foundation does not track users to subsequent sites and does not serve targeted advertising to them. Congaree Foundation does not, therefore, respond to Do Not Track (DNT) signals.
Mobile Device Information
If you connect to the Site using a mobile device, we may collect device information, including the device ID, model and manufacturer; the operating system; the location (to the city level), and the IP address.
Google Analytics
Congaree Foundation uses Google Analytics to track how often people gain access to or read our content. We use this information in the aggregate to understand what content our Site visitors find useful or interesting, so we can produce the most valuable content to meet their needs.
POLICY FOR MINORS
We do not knowingly attempt to solicit or receive information from children under the age of 13. For children under the age of 18, we only receive information from such minors through their parent or guardian, or with their consent, for purposes of receiving applications for acceptance into a Congaree Foundation program.
NO CONTRACT
This notice is not to be construed as forming a contractual obligation or relationship, but is intended to provide the notices described herein.
HOW WE SECURE AND STORE YOUR INFORMATION
Data Security
To help protect the privacy of your personal information, we maintain physical, technical and administrative safeguards. We update and test our security technology on an ongoing basis. We restrict access to your personal information to those employees, consultants and independent contractors who need to know that information to provide benefits or services to you. In addition, we train our employees, consultants and independent contractors about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our privacy responsibilities. However, given the nature of the Internet and the fact that network security measures are not perfect, we cannot guarantee the absolute security of your information. If we are required to provide notice to you of a data security breach, the notice will be provided in electronic form.
Data Storage and Retention
Your personal information is stored by Congaree Foundation on its servers, and on the servers of the cloud-based database management services Congaree Foundation engages, located in the United States. Congaree Foundation retains data for the duration of the user’s business relationship with Congaree Foundation and for a period of time thereafter to analyze the data for Congaree Foundation’s own operations, and for historical and archiving purposes associated with Congaree Foundation’s history and legal obligations. For more information on where and how long your personal information is stored, and for more information on your rights of erasure and portability, please contact Congaree Foundation at privacy@congareefoundation.org.
DATA PRIVACY CONTACT
Congaree Foundation has appointed an internal data privacy manager for you to contact if you have any questions or concerns about Congaree Foundation’s personal data policies or practices. The data privacy manager’s name and contact information are as follows:
Scott Davidson
Congaree Foundation
1375 Enclave Parkway
Houston, Texas 77077
CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you are permitted to request and obtain information about the categories of personal information (if any) we disclosed to third parties for direct marketing purposes, and the names and addresses of all third parties with whom we shared your personal information, in the immediately preceding calendar year. California residents may make such a request by submitting it in writing to the Data Privacy Contact at the address listed above.
EU PRIVACY RIGHTS
Transferring Personal Data from the EU to the US
Congaree Foundation has operations in the United States. Information we collect from you will be processed in the United States. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. Congaree Foundation relies on derogations for specific situations as set forth in Article 49 of the GDPR. In particular, Congaree Foundation collects and transfers to the U.S. personal information only: with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest of Congaree Foundation in a manner that does not outweigh your rights and freedoms. Congaree Foundation endeavors to apply suitable safeguards to protect the privacy and security of your personal information and to use it only consistent with your relationship with Congaree Foundation and the practices described in this Privacy Notice. Congaree Foundation also enters into data processing agreements and model contractual clauses with its vendors whenever feasible and appropriate.
Data Subject Rights
The European Union’s General Data Protection Regulation and other countries’ privacy laws provide certain rights for data subjects. A good explanation of them (in English) is available on the website of the United Kingdom’s Information Commissioner’s Office.
This Privacy Notice is intended to provide you with information about what personal information Congaree Foundation collects about you and how it is used. If you have any questions, please contact us at privacy@congareefoundation.org .
If you wish to confirm that Congaree Foundation is processing your personal information, or to have access to the personal information Congaree Foundation may have about you, please contact us at privacy@congareefoundation.org .
You may also request information about: the purpose of the processing; the categories of personal information concerned; who else outside Congaree Foundation might have received the data from Congaree Foundation; what the source of the information was (if you didn’t provide it directly to Congaree Foundation); and how long it will be stored. You have a right to correct (rectify) the record of your personal information maintained by Congaree Foundation if it is inaccurate. You may request that Congaree Foundation erase that information or cease processing it, subject to certain exceptions. You may also request that Congaree Foundation cease using your information for direct marketing purposes. In many countries, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how Congaree Foundation processes your personal information. When technically feasible, Congaree Foundation will—at your request—provide your personal information to you or transmit it directly to another controller.
Reasonable access to personal information will be provided at no cost to consumers and others upon request made to Congaree Foundation at privacy@congareefoundation.org. If access cannot be provided within a reasonable timeframe, Congaree Foundation will provide you with a date when the information will be provided. If for some reason access is denied, Congaree Foundation will provide an explanation as to why access has been denied.
QUESTIONS OR CONCERNS
If you have any questions or concerns about this Privacy Policy or would like to contact us for any reason, including the possibility of submitting a claim, you can write to privacy@congareefoundation.org.
PUBLICATION DATE
May 13, 2020
TERMS OF USE
These Terms and Conditions of Use (the “Terms of Use”) apply to this website, and all associated websites linked to this website by Congaree Foundation (“Foundation”), its subsidiaries, affiliates, and related entities (collectively, the “Site”). Any references to “You” also include your representatives, agents, contractors, affiliates, and employees. These Terms of Use constitute a binding agreement between you and Foundation and govern your access and use of our website. Foundation may add to, change or remove any part of these Terms of Use at any time or from time to time, without notice, and any such modifications will be effective immediately upon posting.
BY USING OR INTERACTING WITH THE SITE, YOU AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY AND WITHOUT LIMITATION OR MODIFICATION; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
It is your responsibility to check these Terms of Use periodically for changes. Your use of the Site following the posting of changes to the Terms of Use will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Foundation grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including the design, structure, selection, coordination, expression, and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Foundation, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Foundation’s express prior written consent.
You may use information purposely made available by Foundation for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such information; (2) use such information only for your personal, non-commercial, informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such information.
Your Use of the Site
- You may not use any program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Foundation reserves the right to bar any such activity.
- You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Foundation server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other means.
- You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Foundation, including any Foundation account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Foundation’s systems or networks, or any systems or networks connected to the Site or to Foundation.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or with any other person’s use of the Site.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Foundation on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Foundation or others.
Foundation may, but has no obligation to, monitor and record activity on the Site for any reason or for no reason. Foundation may investigate any complaint or reported violation of these Terms of Use. Foundation may also report any activity that Foundation suspects may violate any law or regulation to regulators, law enforcement officials or other persons or entities.
Other Terms and Conditions
Additional terms and conditions may apply to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Foundation’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Foundation may make changes to any products or services offered on the Site at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Foundation makes no commitment to update the materials on the Site with respect to such products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to create an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Foundation immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Foundation or any other user of or visitor to the Site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Foundation will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
Foundation’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Links to Other Sites and to the Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Foundation’s control, and Foundation is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. We encourage you to review the privacy policies and terms of use of all other websites that you visit including such Linked Sites.
Disclaimers
FOUNDATION DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FOUNDATION CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOUNDATION DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY FOUNDATION SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FOUNDATION FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Foundation reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of, or access to, the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Indemnity
You agree to indemnify and hold Foundation, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, affiliates, and related entities, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Foundation by any third party due to or arising out of or in connection with your use of the Site or related to any breach by you of any of the Terms of Use or applicable law, including those regarding intellectual property.
Limitation of Liability
Except where prohibited by law, in no event will Foundation be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Foundation has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Foundation is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Foundation’s liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Waiver of Jury Trial
YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE SITE OR TERMS OF USE.
Violation of These Terms of Use
Foundation may, in accordance with applicable law, disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Foundation’s rights or property, or the rights or property of visitors to or users of the Site. Foundation reserves the right at all times to disclose any information that Foundation deems necessary to comply with any applicable law, regulation, legal process or governmental request. Foundation also may disclose your information when Foundation determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Foundation may preserve any transmittal or communication by you with Foundation through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Foundation determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Foundation, its employees, users of or visitors to the Site, and the public.
You agree that Foundation may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Foundation, for which monetary damages would be inadequate, and you consent to Foundation obtaining any injunctive or equitable relief that Foundation deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Foundation may have at law or in equity.
You agree that Foundation may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you, (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Foundation does take any legal action against you as a result of your violation of these Terms of Use, Foundation will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Foundation. You agree that Foundation will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Harris County, Texas, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between Foundation and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Foundation shall be free to use such information on an unrestricted basis.
Void Where Prohibited
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside of the intended geographic location. Foundation reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic location. Any offer for any feature, product or service made on the Site is void where prohibited.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Foundation with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Foundation with respect to such use are hereby superseded and cancelled. Foundation will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Foundation’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Foundation of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Foundation and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
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