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TERMS AND CONDITIONS
Last updated: January 13, 2025
AGREEMENT TO OUR LEGAL TERMS
We are Alan K. & Isabelle DerKazarian Foundation, a 501(c)(3) nonprofit organization, doing business as DerKazarian Foundation and Alan K. & Isabelle DerKazarian Foundation ("Company," "we," "us," or "our"), registered in Massachusetts, United States, with a principal address at 63 Hamilton Rd, Belmont, MA 02478.
We operate the website https://www.derkazarianfoundation.org (the "Site"), as well as any other related products and services that refer or link to these terms (collectively, the "Services").
You can contact us by email at foundation@derkazarianfoundation.org or by mail at 63 Hamilton Rd, Belmont, MA 02478, United States.
These Terms and Conditions ("Legal Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and the Company, concerning your access to and use of the Services. By accessing or using the Services, you agree that you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms or documents that may be posted on the Services from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to modify these Legal Terms at any time. Updates will be reflected by a revised "Last updated" date. Your continued use of the Services after such changes constitutes acceptance of the updated Legal Terms.
The Services are intended for users who are at least 13 years of age. Users under 18 must have permission from, and be supervised by, a parent or legal guardian.
We recommend that you print or save a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PROHIBITED ACTIVITIES
5. USER GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. THIRD-PARTY WEBSITES AND CONTENT
8. SERVICES MANAGEMENT
9. PRIVACY POLICY
10. TERM AND TERMINATION
11. MODIFICATIONS AND INTERRUPTIONS
12. GOVERNING LAW
13. DISPUTE RESOLUTION
14. CORRECTIONS
15. DISCLAIMER
16. LIMITATIONS OF LIABILITY
17. INDEMNIFICATION
18. USER DATA
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
20. CALIFORNIA USERS AND RESIDENTS
21. MISCELLANEOUS
22. CONTACT US
1. OUR SERVICES
The information provided through the Services is not intended for distribution or use in any jurisdiction where such use would violate applicable law or regulation. Those who access the Services from other locations do so at their own initiative and are responsible for compliance with local laws.
The Services are not designed to comply with industry-specific regulations such as HIPAA, FISMA, or GLBA. You may not use the Services in a way that would violate such laws.
2. INTELLECTUAL PROPERTY RIGHTS
All content, features, and functionality available through the Services, including but not limited to text, graphics, photographs, videos, software, and logos (collectively, "Content"), are owned by or licensed to us and are protected by intellectual property laws.
Content is provided for your personal, non-commercial use only. You may not reproduce, distribute, modify, or exploit any Content without our prior written consent.
Requests for permission should be sent to foundation@derkazarianfoundation.org.
3. USER REPRESENTATIONS
By using the Services, you represent that:
• You have legal capacity to agree to these Legal Terms
• You are at least 13 years old
• If under 18, you have parental permission
• You will not use automated or non-human methods to access the Services
• You will not use the Services for unlawful purposes
• Your use complies with applicable laws
We reserve the right to suspend or terminate access if any information provided is inaccurate or misleading.
4. PROHIBITED ACTIVITIES
You agree not to:
• Use the Services for unauthorized or commercial purposes
• Circumvent security features
• Upload malware or harmful code
• Harvest user information
• Impersonate others
• Engage in harassment, abuse, or deceptive conduct
• Reverse engineer or scrape the Services
• Interfere with system operations
Any violation may result in termination of access.
5. USER GENERATED CONTRIBUTIONS
The Services do not generally allow public posting of content. If Contributions are submitted, they must comply with applicable laws and must not infringe third-party rights or include harmful, misleading, or offensive material.
6. CONTRIBUTION LICENSE
You retain ownership of your Contributions, but grant us a non-exclusive, royalty-free license to use them in connection with operating and improving the Services.
7. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to third-party websites. We are not responsible for third-party content, policies, or practices. Accessing third-party sites is at your own risk.
8. SERVICES MANAGEMENT
We reserve the right to monitor the Services, enforce these Legal Terms, restrict access, or remove content at our discretion.
9. PRIVACY POLICY
Your use of the Services is also governed by our Privacy Policy, available at https://www.derkazarianfoundation.org. By using the Services, you consent to the collection and use of data in accordance with that policy.
10. TERM AND TERMINATION
These Legal Terms remain effective while you use the Services. We may terminate or suspend access at any time, without notice, for any reason, including violation of these Legal Terms.
11. MODIFICATIONS AND INTERRUPTIONS
We may modify, suspend, or discontinue the Services at any time without notice. We are not liable for interruptions or unavailability.
12. GOVERNING LAW
These Legal Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles.
13. DISPUTE RESOLUTION
Disputes will first be resolved through informal negotiation. If unresolved, disputes will be settled by binding arbitration under the rules of the American Arbitration Association, conducted in Massachusetts, unless otherwise required by law.
14. CORRECTIONS
We reserve the right to correct errors or inaccuracies on the Services at any time without notice.
15. DISCLAIMER
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOUR USE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
16. LIMITATIONS OF LIABILITY
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
17. INDEMNIFICATION
You agree to indemnify and hold us harmless from claims arising out of your use of the Services or violation of these Legal Terms.
18. USER DATA
We are not responsible for loss or corruption of data transmitted through the Services.
19. ELECTRONIC COMMUNICATIONS
You consent to receive electronic communications and agree that electronic records and signatures are legally binding.
20. CALIFORNIA USERS AND RESIDENTS
California residents may contact the California Department of Consumer Affairs for unresolved complaints.
21. MISCELLANEOUS
These Legal Terms constitute the entire agreement between you and us. If any provision is found unenforceable, the remaining provisions remain in effect.
22. CONTACT US
Alan K. & Isabelle DerKazarian Foundation 501(c)(3)
63 Hamilton Rd
Belmont, MA 02478
United States