Terms and Conditions - Rathmann Family Foundation

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Terms & Conditions
Your use of this website is your consent to the terms and conditions below. We may change these Terms
& Conditions at any time. Your continued use of the site is your consent to the new Terms & Conditions.
All content and material on this website is protected by copyright, trademark or other proprietary rights
and laws. Any links to other websites are offered for convenience and information only. We are not
responsible for any of the sites or their content. Without limiting the generality of the foregoing, we are
not responsible for any inaccuracies expressed in the linked websites, including authenticity, or any
viruses or other illicit code received in accessing the linked websites. The presence of a linked website
within this website shall not be construed as an endorsement of that website, or the products or
services described therein.
ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE
ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE
CONTENT OF THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR
USE OF THE WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE
EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. WE SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OR, OR INABILITY TO USE, THE WEBSITE. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN
JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, LIABILITY SHALL BE LIMITED TO $50.00.
You agree to release, indemnify and hold harmless us, and our contractors and their respective affiliates,
subsidiaries, advertising and promotions agencies, and each of their respective agents, representatives,
officers, directors, shareholders, and employees from and against any injuries, losses, damages, claims,
actions and any liability of any kind resulting from or arising out of your use of this website.
These Terms & Conditions shall be governed by and construed in accordance with the laws of the United
States and the State of Maryland, excluding its conflicts of law rules. You agree that any claim or action
arising out of your use of this site shall be filed only in the state or federal courts located in the State of
Maryland, and you further agree to the exercise of personal jurisdiction of such courts for the purpose
of litigating any such claim or action.
We make no representation that materials on this site are appropriate or available for use in locations
outside the United States, and accessing them from territories where their contents are illegal is
prohibited. Those who choose to access this site from outside the United States do so on their own
initiative and are responsible for compliance with applicable local laws.
If you have any questions about our Terms & Conditions, please contact us at
[email protected]
The Digital Millennium Copyright Act ("DMCA") Notice
If you believe any material on this website infringes your copyright, you should notify us using the
procedure below. The Rathmann Family Foundation will remove or disable access to the material
claimed to be infringing, and will follow the procedures specified in the DMCA to resolve the claim
between the notifying party and the alleged infringer who provided the content.
All infringement notices should be sent to: [email protected] or The Rathmann
Family Foundation, PMB 352, 1290 Bay Dale Drive, Arnold, MD 21012. The notice must include the
following:
a. A description of the copyright you claim has been infringed (please include registration numbers
when available);
b. A description the material on the site that you claim is infringing, with enough detail so that we
may locate it on the website;
c. A statement by you that you have a good faith belief that the disputed use is not authorized by
the copyright/property owner, its agent, or the law;
d. A statement by you declaring, under penalty of perjury, that (1) the above information in your
notice is accurate, and (2) that you are the owner of the copyright/property interest involved or
that you are authorized to act on behalf of that owner;
e. Your address, telephone number, and email address; and
f. Your physical or electronic signature.
We will notify the contributor of the material of your claim using the communication records in our files.
If you receive such an infringement notice from us, you may provide counter-notification in writing to
us. The counter-notification must be a written communication that includes the following:
a. Your physical or electronic signature;
b. Description of the material that has been removed or to which access has been disabled, and
the location at which the material appeared before it was removed or access to it was disabled;
c. A statement from you under the penalty of perjury, that you have a good faith belief that the
material was removed or disabled as a result of a mistake or misidentification; and
d. Your name, physical address and telephone number, and a statement that you consent to the
jurisdiction of a Federal District Court for the judicial district in which your physical address is
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located, or if your physical address is outside of the United States, for the Federal District Court
of Maryland, and that you will accept service of process from the person who provided
notification of allegedly infringing material or an agent of such person.
These Terms & Conditions were last updated on November 7, 2015.
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