Legal Restrictions and Terms of Use
Welcome to the Selberg Institute Web site (the “Site”). The following legal restrictions and terms of use apply to [selberginstitute.org] (the “Site URL”), any successor pages thereto, and other Web sites owned or operated by the pH Foundation (“Foundation” or “we,” “us,” or “our”). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE.
- Agreement to Terms. By using this Site, you signify that you agree to these Terms of Use. In addition, when using any particular services available on this Site, if any, you will be subject to any posted guidelines, rules, or additional terms of service applicable to such services that may be posted from time to time (the “Guidelines”), including without limitation our Privacy Policy. All such Guidelines are hereby incorporated by reference into the Terms of Use. If you do not agree to the Terms of Use or any of the Guidelines, do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms of Use or any of the Guidelines at any time. Please check these Terms of Use and the Guidelines periodically for changes. Your continued use of the Site after the posting of changes will mean you agree to abide by those changes. Please note that additional and/or different terms of use may apply to services provided through one or more business associates of Foundation, and you should refer to those before using such services.
- Use of Site. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. Foundation is prohibited by its tax-exempt status from (a) engaging in any legislative lobbying activity, or (b) promoting or opposing anyone’s candidacy in any election to public office, or (c) conducting any voter registration drive unless certain conditions are met; you agree that you will not use the Site in a manner that may cause Foundation to violate any of these prohibitions.
- Redistribution and Redisplay of Content. You may also link to Site URL. You may print and distribute pages (together with all other content including RSS feeds and audio-visual content on the site, “Content”) from Site for nonprofit and educational use only, and in no event for commercial use of any kind. Your rights are limited to copying and distribution: you may not modify the content in any way or otherwise make derivative works. You may not download or reproduce graphics or visuals separately from the content. The Foundation’s copyright notice and any other credit, byline, and copyright notice attributable to specific content must appear on each one of the Site’s pages you print and distribute. Please list the source: “Originally published (insert publication date) © Site URL; pH Foundation.”
- Intellectual Property. The Content of this Site is protected by United States copyright and trademark law, international conventions, and other applicable laws. All materials contained in the Site are the intellectual property of Foundation or its affiliated companies and/or third-party licensors (which includes other users) and are offered to you by Foundation for limited uses outlined in these Terms of Use. All trademarks, service marks, and trade names are proprietary to Foundation or its affiliates and/or third-party licensors. Nothing contained in these terms shall be construed as conferring any license or right to use any trademark, design right or copyright of Foundation or any other third party.
- Links. This Site includes links to other Internet sites solely as a convenience to users. Foundation does not endorse any such linked sites or the information, material, products, or services contained on other linked sites or accessible through other linked sites. Users may encounter legislative lobbying communications or information favoring or disfavoring candidates in an election for public office at such other sites, and such material may not be attributed to Foundation. Furthermore, Foundation makes no express or implied warranties with regard to the information, material, products, or services contained on or accessible through linked sites. Access and use of linked sites, including information, material, products, and services on linked sites or available through linked sites is solely at the user’s own risk.
- Disclaimer of Warranties. The materials on the Site, including without limitation the Site code, are provided as is and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Foundation disclaims all warranties, express or implied, including but not limited to warranties of title, implied warranties of merchantability and fitness for a particular purpose or with respect to the Site, any content offered through the S Foundation does not warrant that the functions contained in the materials, including without limitation the Site code, will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components or free from security breaches. Foundation does not warrant or make any representations regarding the use or the results of the use of the materials, including without limitation the site code, in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Foundation) assume the entire cost of all necessary servicing, repair, or correction.
- No Consequential Damages; Limitation of Liability. Under no circumstances, including but not limited to negligence, shall Foundation be liable for any special, indirect, incidental, consequential, or exemplary damages that result from your use or the inability to use the materials, including without limitation any of the Site code, on the Site or any other interactions with Foundation, even if Foundation or a Foundation-authorized representative has been advised of the possibility of such damages.
- Injunctive Relief; Governing Law; Venue.
a. You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms of Use would cause irreparable injury, that money damages would be an inadequate remedy, and that Foundation shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you from such breach or threatened breach. Nothing in this section shall be construed as preventing Foundation from pursuing any and all remedies available to it, including the recovery of money damages from you.
b. These Terms of Use and all claims arising therefrom shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms or the Web Site shall be filed only in the state or federal courts in Alameda County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
- Miscellaneous. The failure of Foundation to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and related Guidelines may not be transferred or assigned by you but may be assigned by Foundation without restriction.
- International Matters. Foundation is controlled and operated from its United States offices in California. We make no representation that materials on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Disclosures. The services hereunder are offered by Foundation, having an address at P.O. Box 5298, Berkeley, CA 94705. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
- Copyright-Infringement Policy; Notice of Copyright-Infringement Claims
Digital Millennium Copyright Act, Safe Harbor Notice Provisions
It is the policy of Foundation to respect the intellectual property of others. If you are alleging that copyrighted material may have been or is being infringed with respect to any items on the Site, you may notify Foundation pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the address listed below.
Such notice must include the following to be effective:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Foundation to locate the material.
d. Information reasonably sufficient to permit Foundation to contact you, such as an address, a telephone number, and, if available, an email address at which you may be contacted.
e. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Designated Agent for All Notices
All written notices should be sent to the following Designated Agent:
DMCA Complaints/COO
pH Foundation
ATTN: Maia Black, Executive Director
P.O. Box 5298
Berkeley, CA 94705
Email us via our Contact page.
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