- Introduction. Welcome to the Educational Foundation of America Web site ("Site"). The Educational Foundation of America ("EFA" or "we") operates the Site to inform the public of our grantmaking programs and to facilitate applications for our grants.
- Use of Site and Its Contents.
- Lawful Purposes. You may not use the Site or any of its contents for any unlawful purposes or in any way that would violate (i) any applicable law or regulation or (ii) the rights of the EFA or any third party.
- Copyright; Use of the Site's Contents. The EFA or its licensors own all rights, including copyright, in the Site's contents. Without prior written authorization from us, you may not reproduce, distribute, modify, publicly display or perform the Site's content. Without such authorization, you may also not incorporate into a database or compilation, decompile, disassemble, reverse engineer, or otherwise use any of the Site's computer programs.
- Access from other Countries. The EFA expressly disclaims any representation, warranty, or covenant that the Site or any of its contents are appropriate in locations outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with all applicable laws. You may not access the Site from any location where doing so would be illegal.
- Notice and Procedure for Making Claims of Copyright Infringement
- Infringing Material on the Site. The EFA intends that all material on the Site does not violate the copyright or other proprietary rights of third parties. However, if you believe that any material on the Site infringes your copyright, then you may request the removal of those materials from the Site in accordance with the Copyright Act, 17 U.S.C. Section 512(c)(3), and the procedures described below.
- Agent for Receiving Notices of Claimed Infringement. A notice of infringing material that complies with the Copyright Act, 17 U.S.C. Section 512(c)(3) ("Notice") must be sent to the agent the EFA has designated with the Copyright Office:
Educational Foundation of America
c/o Foundation Source
55 walls Drive, Fairfield, CT 06824.
TBD email address
- Content of Notice of Claimed Infringement. To comply with the Copyright Act, your Notice must be in writing and must include the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- 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 the EFA to locate the material;
- Information reasonably sufficient to permit the EFA to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
- 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; and
- A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
- Disclaimers of Warranties. THE SITE AND ALL ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE EFA DOES NOT WARRANT THAT THE SITE OR ANY OF ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE SITE OR ITS CONTENTS. THE EFA MAKES NO REPRESENTATIONS, WARRANTIES, OR COVENANTS ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY OF THE SITE'S CONTENTS OR ANYTHING ACCESSIBLE THROUGH LINKS TO OTHER WEB SITES. THE EFA RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITE. ALTHOUGH THE EFA INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER MALICIOUS CODE TO THE SITE, THE EFA DOES NOT GUARANTEE OR WARRANT THAT THE SITE IS FREE FROM SUCH DESTRUCTIVE FEATURES, AND THE EFA IS NOT LIABLE FOR ANY DAMAGE OR HARM ATTRIBUTABLE TO SUCH FEATURES.
- Limitation of Liability. The EFA and its directors, officers, employees, and agents are not liable for any claim of any nature whatsoever based on loss or injury because of errors, omissions, interruptions, or inaccuracies in the Site or its contents, including loss or injury that results from your breach of any provision of this Agreement.
Under no circumstances will the EFA or its directors, officers, employees, or agents be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or statutory damages (including lost revenues or profits, loss of business or loss of data) arising out of or in connection with your use of the Site, its contents, or this Agreement (even if the EFA has been advised of the possibility of such damages and no matter if the alleged liability is based on contract, tort (including negligence of any kind), strict liability or any other legal or equitable theory).
Some states do not allow the limitation of liability for certain kinds of damages, so some of these limitations or exclusions may not apply to you.
- Release and Indemnity. For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to the Site or participation in or posting to any Forum, you agree to release and waive any and all claims and/or liability against the Foundation, and its current and former trustees, officers, staff, consultants, and agents, if any, arising from or in connection with your use of the Foundation’s Site, including your submission of Content and participation in any Forums. You also agree to indemnify and hold the EFA and its current and former trustees, officers, staff, consultants, and agents , if any, ("EFA Indemnitees") harmless from any liability, loss, damage or expense (including reasonable attorneys' fees and costs) that any EFA Indemnitee may incur based in any way on your use of the Site (including its contents), your breach of this Agreement, and your violation of the rights of a third party or any laws.
- General Provisions.
- Assignment. You may not assign this Agreement or any of your obligations under it without the EFA's prior written consent; any attempted assignment in violation of this provision is null and void. The EFA may assign this Agreement and any of its obligations under it at any time for any reason.
- Relationship of Parties. You and the EFA are independent contractors, and this Agreement does not serve to create a joint venture, employee, partnership, agency or similar relationship between you and the EFA.
- Governing Law. This Agreement is governed by the laws of the State of New York applicable to contracts made and wholly performed there. Any dispute arising from or related to this Agreement shall be brought exclusively in any state or federal court in the State and County of New York and you hereby consent to the exclusive jurisdiction of those courts and waive any objection of any kind to venue.
- Including. The word "including" as used in this Agreement means "including, without being limited to."
- Severability. If any provision of this Agreement is determined to be unenforceable for any reason, then the unenforceable provision will be disregarded and the remaining Agreement will be enforceable to the fullest extent permitted by law.
- No Waiver. The EFA's failure to enforce this Agreement in every instance in which it might apply is not a waiver of any of the EFA's rights, and the EFA reserves its right to take all legal steps available to enforce the provisions of this Agreement
- Survival. The following provisions survive any termination of this Agreement: Paragraphs 2, 4, 5(B), 6, 7, 9, 10, 11, 12, and any other provision that by its terms contemplates survival.
- Force Majeure. If the EFA is unable to perform any of its obligations due to any cause beyond its reasonable control, whether foreseen or unforeseen, including computer, telecommunications or other equipment failures, electrical power failures, strikes, labor disputes, shortage of labor or materials, civil disturbances, fires, floods, storms, explosions, acts of God, war, terrorist acts, governmental actions, non-performance of third parties or similar reasons, then the EFA's performance will be excused until a reasonable time following the end of the cause.
- Notice. Any notice provided to the EFA under this Agreement is effective only upon receipt at one of the addresses listed under "Contact Us" below. Any notice or other communication provided to you regarding your use of the Site may be provided to you electronically and is effective upon distribution, but the EFA reserves the right to provide notices and communications in hard copy or other formats.
- Contact Us. If you have any questions about the Site or this Agreement, please contact us at TBD email address or by postal mail at Educational Foundation of America, c/o Foundation Source 55 walls Drive, Fairfield, CT 06824.