Terms and Conditions



Last Updated:  April 4, 2019

This website (the “Site”) is provided by Phillips Foundation (“us”, “we”, or “our”). Please read these Terms of Use (the “Terms”) carefully before accessing or using the Site. Each time you access or use the Site, you agree to be bound by these Terms, and by our Privacy Policy, available here. If you disagree with any part of these Terms or our Privacy Policy, then do not access or use the Site.

The content of this Site is made available to you only for your personal, non-commercial, lawful use. You agree that you will not use the Site for any other purpose.

Rules for Your Use of this Site

If you use this Site, you agree to abide by the following rules:

  • By submitting content to the Site, you warrant that you have the right to submit that content. Any content you provide in using this Site must be current and accurate.  When you provide content, you will not impersonate any other individual or entity and will not violate the intellectual property or privacy or publicity rights of any other individual or entity.
  • You will review and comply with any notices we send you concerning this Site and its operation.
  • You will not defame, disparage, bully, abuse, harass, threaten, intimidate, or impersonate any other individual in your use of this Site.
  • You will not use this site for any illegal purpose.
  • We may use any content you provide for any commercial or other purpose, without compensation to you or any other person or entity.

Accounts

You may be required to create a username and password to access certain portions of this Site, to post Comments, or to communicate directly with other users through the Site. You agree to provide and maintain accurate, current, and complete information, including your contact information for notices and other communications from Phillips Foundation. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password, or other account information, or another person’s name or likeness.  You agree not to provide false information with respect to yourself or anyone else. You agree that Phillips Foundation or its employees, agents, or other representatives may take steps to verify the accuracy of information you provide.

Phillips Foundation may, in appropriate circumstances, suspend or terminate your account if you fail to comply with these terms.

Passwords, Security, and Privacy

You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password, or other account information, or of any other security breach that you discover involving your account.

The security, integrity and privacy of your information are important to Phillips Foundation. Our Privacy Policy governs your provision of any information to us through this Site and explains the measures we have implemented that are designed to protect your information from unauthorized access, disclosure, use, or modification.  When you access or use this Site, you agree to review and follow our Privacy Policy.

Links to Other Websites

Our Site may contain links to third-party websites. We are not responsible for the content of any of these websites or for the security of your personal information when you visit these websites. Our provision of links to other websites is not an endorsement of the websites or their content. You may not “frame” or “mirror” any content on this Site without our advance written consent.

If you find any link on this Site objectionable and ask us to remove the link, we will consider your request but will have no obligation to remove it or respond directly to you.

Comments

Certain parts of the Site may offer the opportunity for users to post and exchange opinions, information, and material (“Comments”). Phillips Foundation does not screen or edit Comments before they are posted on the Site, and the Comments do not necessarily reflect the views or opinions of Phillips Foundation or its officers, employees, agents, or affiliates. To the fullest extent permitted by applicable laws, Phillips Foundation will not be responsible or liable for the Comments, or for any claims, damages, or expenses caused and or suffered as a result of any posting or any use of the Comments.

You represent and warrant that your Comments conform to these Terms and that you own or have the necessary rights and permissions, without the need for payments to or licenses from any other person or entity, to use and exploit, and to authorize us to use and exploit, your Comments in all ways contemplated by these Terms. You agree to indemnify and hold Phillips Foundation and its employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your Comments. You also agree not to enforce any moral rights or similar rights in or to the Comments against Phillips Foundation or its licensees, distributors, agents, representatives, or other authorized users.

Phillips Foundation has the right, but not the obligation, to monitor, screen, post, or remove Comments or communications communicated to or through the Site, at any time and for any reason, including to ensure that the Comments conform to these Terms, without prior notice to you. Phillips Foundation is not responsible for, and does not sponsor or endorse, the opinions, views, advice, or recommendations posted or sent by users.

We may remove any Comments that we, in our sole discretion, consider inappropriate, offensive, or otherwise in breach of these Terms.

Although Phillips Foundation does not claim ownership of your Comments, by posting them on the Site you grant us a non-exclusive, sub-licensable, perpetual, irrevocable, royalty-free, worldwide license under all intellectual property rights to use, reproduce, transmit, publish, distribute, index, comment on, adapt, translate, create derivative works from, or otherwise exploit the Comments, in whole or in part, in all media now known or hereafter devised (including in connection with third-party sites and social media platforms), without further notice to you or permission from you, and with or without attribution.

Intellectual Property Rights

Unless otherwise stated, the Site and its original content, features, and functionality are, and will remain, the exclusive property of Phillips Foundation and its licensors. The Site is protected by copyright, trademark, and other laws of the United States and foreign countries. Our copyrighted content, trademarks, and trade dress may not be used in connection with any product or service without the prior written consent of Phillips Foundation.

You may view and print pages from the Site solely for your personal use, subject to any restrictions we may set in these Terms.  You may not: reproduce material from the Site for any use other than your personal use; sell, rent, or sub-license material from the Site; or redistribute content from the Site unless that content is specifically made for, and designated for, redistribution.

Copyrights:  Phillips Foundation owns all copyrights in the materials on this site.  If you believe any content on this site (including content submitted by others) infringes your copyrights, you may ask us to remove this content by sending a notice to the agent we have designated pursuant to the Digital Millennium Copyright Act (Phillips Foundation’s DMCA Agent).  This notice must provide the following information:

  • A description of the copyrighted material you believe to be infringed, including a copy of the material or a description (such as a URL) of where the material may be found;
  • A description of the material on our site that you claim to be infringing;
  • Your contact information, including name, address, telephone number, and email address if available;
  • A statement attesting that you have a good-faith belief that use of the material on the site is not authorized by the copyright owner or its representative, or by the law;
  • A statement attesting that the information you are providing is accurate and attesting “under penalty of perjury,” that you own the copyrights to the material at issue or are designated to act on the copyright owner’s behalf; and
  • A physical or electronic signature of the copyright owner or the owner’s designated representative.

Phillips Foundation’s DMCA Agent is: Corby Anderson, Bradley Arant Boult Cummings LLP, 214 North Tryon St., Suite 3700, Charlotte, NC  28202; 704.338.6000; Canderson@bradley.com

Failure to comply with the requirements set forth above may invalidate your notice pursuant to the DMCA.

If content you submitted is removed from the site pursuant to a DMCA notice and you believe that this content is not infringing, or that you were authorized to submit it by the law or by the copyright owner or the owner’s agent, then you may send a counter-notice to Phillips Foundation’s DMCA Agent, identified above.  This notice must provide the following information:

  • A description of the content removed and the location where it appeared before it was removed;
  • A statement attesting that you have a good-faith belief that the content was removed in error;
  • Your contact information, including name, address, telephone number, and email address if available;
  • A statement attesting that you consent to the jurisdiction of the federal court in the judicial district where you are located or, if you are located outside the United States, to the federal court in any judicial district where Phillips Foundation is located;
  • A statement attesting that you will accept service of process from the person or entity that submitted the notice of infringement or from the agent of that person or entity;
  • Your physical or electronic signature.

Phillips Foundation’s DMCA Agent may send a copy of any counter-notice to the individual or entity that submitted the original notice (the Complainant) informing the Complainant that Phillips Foundation may restore the removed content within 10 business days.  Unless Phillips Foundation’s DMCA Agent receives notice from the Complainant that the party alleged to be the copyright owner has filed a lawsuit seeking to enjoin infringement arising from the content submitted to the site, we may restore the removed content within 10 to 14 business days after receiving the counter notice, in our sole discretion. 

Impact Investment Think Tank

Our Impact Investment Think Tank (“ITTT”), accessible through the Site, collects and displays, or links to, content that is not original content of Phillips Foundation.  This content is the sole responsibility of the entity from which we collected it.  We may, but are not obligated to, review content to determine whether it is illegal or otherwise objectionable.  We may remove or refuse to display content if we reasonably believe it violates the law or our policies.

Rights to the content linked from ITTT belong to the corresponding rights holders. Permission to copy, republish, distribute, display, broadcast, or excerpt from content linked from ITTT must be obtained from the rights holders in that content, not from Phillips Foundation.

Disclaimers

We attempt to ensure that the information on this website is complete and accurate, but we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

ALL INFORMATION AND SERVICES PROVIDED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SITE AND YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES IMPLIED BY LAW REGARDING QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR USE OF REASONABLE CARE AND SKILL).

We make no warranty that this site is or will be free of viruses, errors, or defects.

We disclaim any liability for any damages of any kind arising from or related to your use of this site or from your inability to use this site. This includes without limitation any liability for any damages of any kind caused by downloading, saving, installing, or opening any services accessible through this Site.  Your use of this Site is at your own risk to the fullest extent permitted by law. 

We have the right to change, discontinue, or limit access to any feature of this site at any time, without any liability to you. 

Indemnification

You agree to indemnify, defend, and hold harmless Phillips Foundation and its employees, attorneys, assigns, successors-in-interest, vendors, suppliers, licensors, and licensees against any claims, damages, costs (including reasonable attorney fees), and other expenses arising from your breach of  any of these terms, from your acts or omissions related to this site, or from any allegation that content you submitted to this site infringes or otherwise violates the rights of any party, including  without limitation copyrights, trademarks, trade secrets, rights of publicity, or rights of privacy.

Governing Law, Jurisdiction, and Venue

You hereby agree that all claims regarding this Site and your use of it will be governed by the laws of the United States and the laws of the State of North Carolina, irrespective of conflict of laws principles. Except as otherwise provided in these Terms, any disputes arising from or related to this Site and your use of it will be heard exclusively in the state or federal courts located in Greensboro, North Carolina, and you hereby consent to the exclusive personal jurisdiction and venue of these courts for the resolution of any such disputes. You also hereby agree that any such disputes will be resolved only on an individual basis, not on a collective basis.

Severability

If any provision of these Terms is found to be unenforceable under applicable law, then you agree that the unenforceable provision will be superseded by an enforceable one, and the remainder of the terms will continue in full force and effect.

Termination, Survival of Terms

We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever, including without limitation a breach of the Terms.

If you wish to terminate your account, you may discontinue using the Site.  Please see the section of our Privacy Policy on “Correcting/Updating/Controlling Your Information” for more information about terminating your account.

All provisions of the Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability.

No Waiver

Our failure to enforce any provision or right allowed by these Terms will not be deemed a waiver of that provision or right, or of any other provision or right.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time by posting the updated version of the Terms here. You are responsible for reviewing any updated version of the Terms. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you are no longer authorized to use the Site.

Contact Us

To ask questions or make comments about our Terms, please contact us by email at: Info@phillipsfdtn.org or by U.S. mail at Phillips Foundation 1400 Battleground Ave, Greensboro, NC 27408.

© 2019 Phillips Foundation.  All rights reserved.