Last revised: February 21, 2019
This Luksic Scholars Website (“Website”) is owned by Luksburg Foundation, a Liechtenstein foundation set up by the late Andrónico Luksic Abaroa (“foundation” or “we” or “us” or “our”), and provides access to a service (“Service”) for individuals who have participated in or are participating in any Luksic Scholars program (each, a “Luksic Scholars Recipient”), including, but not limited to, scholarship programs, exchange programs, and educational seminars financed in part or fully by the Luksic family, the Luksic group, or related entities in Chile, China, the United States or Europe for such Luksic Scholars Recipients to, among other activities, create a personal profile and join a network of other Luksic Scholars Recipients, find and engage with them, and participate in and create events for the community. The Service is not intended as a vehicle for further funding opportunities. Rather, the purpose of the Website and the Service is long-term international networking and knowledge sharing opportunities for Luksic Scholars Recipients.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS THE LEGAL TERMS AND CONDITIONS THAT YOU AGREE TO WHEN YOU USE THE WEBSITE AND SERVICE, AS APPLICABLE, PROVIDED TO YOU BY US.
BY BEING A VISITOR TO THE PORTION OF THE WEBSITE THAT IS OFFERED OUTSIDE OF THE SERVICE (“VISITOR” or “you”), YOU AGREE TO BE BOUND BY THE “WEBSITE TERMS”, WHICH INCLUDE TERMS APPLICABLE TO ALL VISITORS OF THE WEBSITE.
IF YOU ARE A LUKSIC SCHOLAR RECIPIENT AND YOU CHOOSE TO REGISTER AS A MEMBER OF THE SERVICE (“MEMBER” or “you”), YOU WILL BE ASKED TO CHECK A BOX TO INDICATE THAT YOU HAVE ALSO READ AND AGREE TO BE BOUND BY THE “SERVICE TERMS” IN ADDITION TO THE WEBSITE TERMS AND ANY OTHER TERMS AND CONDITIONS ON THE WEBSITE (TOGETHER, THE “WEBSITE TERMS” AND “SERVICE TERMS” AND ANY OTHER TERMS AND CONDITIONS ON THE WEBSITE SHALL BE REFERRED TO AS THE “AGREEMENT”).
PLEASE INDICATE YOUR ACCEPTANCE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY CLICKING “I AGREE” BELOW AND FOLLOWING THE OTHER INSTRUCTIONS IN THE REGISTRATION PROCESS.
If you are accessing or using any part of the Website on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement. Further, you agree that you are responsible for ensuring that all persons who access the Website and/or the Service through your Internet connection are aware of the terms and conditions of the Agreement, and will comply with them.
Modifications to the Agreement
This Agreement sets out the legally binding terms for use of the Website and, if you are a Member, Membership in the Service. We may modify this Agreement (or any part thereof) from time to time and such modification shall be effective upon posting of such change with a banner notification on the Website or perhaps emailing to you notice of such change where we have a means of communicating with you by email.
If you are a Visitor to the Website, under the terms of this Agreement, you agree to be bound on a go forward basis to any changes to this Agreement that are applicable to you when you use the Website after such modification is posted on the Website.
If you are a Member of the Service, under the terms of this Agreement, you agree to be bound on a go forward basis to any changes to this Agreement when you use the Service after such modification is posted on the Website; however, for any “material” change, such “material” change shall become effective if: (i) we post a banner notification of the “material” change of the new agreement on the Website, or send to you an e-mail notifying you of such “material” change of the new agreement, and provide you with the effective date of the new agreement (“Effective Date”) and you then continue to use the Service after the Effective Date; or (ii) we ask you to agree to the new Agreement with the change prior to the commencement of a new month of Service and you agree to the same. If you do not agree to the “material” change, you may notify us under subsection (i) above or click “I do not agree” to the new Agreement with the change under subsection (ii), as applicable, and we will discontinue your Membership in the Service. IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE OUR WEBSITE.
The specific features and functionality of the Website are dynamic and may change from time to time. We reserve complete discretion with respect to the operation of the Website. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Website at any time.
We use reasonable efforts to make the Website and Service available 24 hours a day and seven days a week; however, there will be instances when the Website or Service will be interrupted for maintenance, upgrades or emergency repairs and due to other reasons that are beyond our control, including failure of telecommunications lines, links and equipment. While we will make every reasonable effort in order to minimize such issues where it is within our reasonable control to do so, there may be instances where such a disruption might occur. In this respect, you agree that we will not in any way be liable or responsible to you for any such modification, suspension or disruption of the Website or Service.
The name “Luksic Scholars” and the “Luksic Scholars” logo are our trademarks in the United States, Chile, Europe and China. All other company names, logos, and trademarks mentioned herein are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use our name, logos, trademarks or other intellectual property displayed on this Website except as expressly provided herein or by obtaining our written permission or the written permission of such other third party owner, as applicable. You acknowledge that we will aggressively enforce our intellectual property rights with respect to its trademarks to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
Proprietary Rights in Content.
We own and retains all proprietary rights in the Website and the Service. The Website contains our copyrighted material, trademarks and other proprietary content and information that belongs to us or our licensors (such materials and content includes, but is not limited to, the design, layout, artwork and other elements of the Website and any text, audio, video, logo, information, data, software, documentation, services or any other materials contained on this Website (“Luksic Scholars Content”) and is protected by copyright and other intellectual property laws, international treaties and other intellectual property rights. You may view, download, print, and copy the Luksic Scholars Content on this Website for your own personal, informational, non-commercial use, provided that (i) you do not modify the Luksic Scholars Content, (ii) any copies that you may make must be marked “Copyright Luksburg Foundation. All rights reserved”; and (iii) you retain all copyright and propriety notices originally contained in the Luksic Scholars Content on any copies. You may not use, reproduce, display, post, transmit, or distribute any materials contained on this Website, including any Luksic Scholars Content, for any commercial purpose. Nothing herein shall be construed as granting any license or right to use this Website or any materials contained on this Website, including any Luksic Scholars Content, except as expressly provided herein. Except for that information for which you have been given written permission or for which you have been provided specific rights as specified in the Agreement, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Luksic Scholars Content. You acknowledge that we will aggressively enforce our intellectual property rights with respect to its Luksic Scholars Content to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
Non Commercial Use by Visitors and “Members”.
The Website is solely for the personal use of Visitors in the Visitor only areas and the personal use of Members in the registered member only areas, and may not be used in connection with any commercial endeavors, except those that are specifically endorsed or approved by our management. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited and will be investigated. Appropriate legal action will be taken by us for any illegal or unauthorized use of the Website.
Permitted Use, Use Restrictions and Acceptable Use Policy
Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Website and related materials solely for your own non-commercial use. Except as expressly provided, all rights are reserved. Nothing contained in this Agreement or on the Website shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent or trademark of ours, or any third party.
Except as expressly permitted by the Agreement, in connection with the use of the Website, you may not:
(a) alter or modify the Website, or make any electronic reproduction, adaptation, distribution, performance, or display of the Website, or any portion thereof, except to the extent required for the limited purpose of reviewing material on the Website; or
(b) sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Website, or related materials or otherwise attempt to resell the Website or the Service or any portion of the same; or
(c) remove or modify any proprietary notice or labels on the Website, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website; or
(d) use the Website for any non-authorized purpose or any illegal purpose; or
(e) copy, modify, erase, or damage any information contained on computer servers used or controlled by us or any third party; or
(f) use the Website to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable; or
(g) access or use any password-protected, secure, or non-public areas of the Website, or access data on the Website not intended for you, except as specifically authorized by us; or
(h) impersonate or misrepresent your affiliation with any person or entity or otherwise provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have a right to disclose; or
(i) use any automated means to access or use the Website, including scripts, bots, scrapers, data miners, or similar software, or display the Website, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission; or
(j) interfere or disrupt (or attempt to interfere or disrupt) the Website or the Service or any information, data, or materials posted and/or displayed by us or servers or networks hosting or connected to the Website or Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Website or Service
(k) attempt to probe, scan, or test the vulnerability of the Website or breach any implemented security or authentication measures, regardless of your motives or intent; or
(l) attempt to interfere with or disrupt access to or use of the Website by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code; or
(m) create a link to, or otherwise link over from your website or web page, to the Website or the Service; or
(n) post any content to our Website that: (i) includes any profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content; (ii) depicts or suggests nudity or sexual acts; (iii) promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, or national origin); (iv) is objectively shocking or disgusting; (v) depicts or suggests presently occurring illegal activity; (vi) includes unlicensed proprietary content of a third party, including, e.g., third-party content protected by copyright or trademark for which you do not have a license; (vii) breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or (viii) is contrary to the purpose of the Website or the Service as stated in this Agreement.
The foregoing shall be referred to as the “Use Restrictions” and the requirements under part (n) shall be referred to as the “Acceptable Use Policy”.
Third Party Properties Referred to on the Website
Our Website may refer to physical venues, geographical sites, websites on the Internet, and/or products or services that are not under the control of or maintained by us (“Third Party Properties”). Any such links are provided solely as a convenience to Visitors or Members. We do not endorse or make any representations about these websites, or any information, materials, or products found thereon. We have no control over these websites or their content and does not assume any responsibility or liability for these websites or their content. Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by us of any such Third Party Properties. Rather, you acknowledge that we are providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that we are not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties. If you access, visit, or use any Third Party Properties referred to on our Website, you do so at your own risk and you agree that we shall not be liable for any loss or damage that you may suffer by using any of these other websites or any of the opportunities offered by these other websites.
Third-Party Materials on the Website
This Website may also contain materials submitted by third-parties. Any such materials are provided solely as a convenience to our Visitors and Members. We have not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of these third-party materials or any third-party products or services referenced in these materials, you do so at your own risk. In no event shall we be liable for any loss, claim, damages, or costs that may arise in connection with your use of these third-party materials.
Inaccurate Material on the Website
We make great efforts to provide accurate information on the Website. However, we disclaim—and you release us from any liability regarding—errors, inaccuracies, and omissions of the Website. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We make no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the materials or data available through the Website. If you believe any portion of the Website includes an error or inaccuracy, please notify us.
Any feedback, comments, ideas, improvements or suggestions (collectively, “Feedback”) provided by you to us with respect to our Website or Service shall remain our sole and exclusive property. We shall be free to use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without credit or compensation to you.
Intellectual Property Infringement Complaints
If you believe a work protected by a U.S. copyright you own has been posted on the Website without authorization, you may notify our copyright agent, and provide the following information:
(a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
(b) identification of the copyrighted work or works claimed to have been infringed;
(c) a detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL or other description of where the infringing material appears;
(d) your name, mailing address, telephone number, and e-mail address;
(e) a statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
To notify us of a claimed copyright infringement, please contact us via our services provider:
Attention of Dr. Thomas Müller
Telephone: +423 231 4601
Operation of the Website and Service from the United States of America
By accessing and using the Website and Service, you acknowledge and agree that we control and operate all parts of the Website and the Service from our offices located in Chile and our third-party service provider located in the State of California in the United States of America, and that the Website and the Service, and the information contained on the Website and made available through the Service, is intended for use by Visitors and Members located in the United States of America and certain other specific locations where Luksic Scholars Recipients are located such as Chile, China and Europe. Other countries may have laws and regulatory requirements that differ from those in the United State of America. Unless expressly stated to the contrary, we make no representation that the Website and the Service, or the information contained on the Website and made available through the Service, is appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all material and content found on or accessible through the Website and Service is solely directed to individuals, companies, or other entities located in the United States of America and certain other specific locations where Luksic Scholars Recipients are located such as Chile, China and Europe. We reserve the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Website or the Service is void where prohibited. If you access or use the Website or the Service from outside the United States of America or certain other specific locations where Luksic Scholars Recipients are located such as Chile, China and Europe, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of the Website or Service in violation of applicable export laws and regulations.
Access and Use Where Prohibited
Access to and use of our Website are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this provision.
Applicable Law and Venue
Any action related to the Agreement, at the choice of the defending party, will be governed either by the laws of the state of California or the domestic laws of the country where Visitor or Member, as applicable, resides. Each party, including you, agrees and consents that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to our Website or Service or the Agreement will, at the choice of the defending party, be exclusively in either the state of California or the courts of the country where Visitor or Member, as applicable, resides.
We intend to resolve any and all disputes that may arise between us and our Visitors and Members in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute after an initial discussion with us, you shall send a written notice to us in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. We shall respond within ten (10) business days with identical information from its perspective. You and one of our representatives shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and our representative mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, we fail to resolve the matter, each party shall then have a right to seek further legal action in the appropriate jurisdiction.
Website Warranty Disclaimer.
THIS WEBSITE IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE WEBSITE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WEBSITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY LUKSIC SCHOLARS CONTENT.
Website Use Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT AND STRICT LIABILITY IN TORT)), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS OR LOST PROFITS IN CONNECTION WITH OR ENSUING FROM, OR ARISING OUT OF, (I) THE USE OR INABILITY TO USE THE PORTION OF THE WEBSITE OFFERED OUTSIDE OF THE SERVICE, (II) ANY TRANSACTIONS CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE OFFERED OUTSIDE OF THE SERVICE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE OFFERED OUTSIDE OF THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATED TO THE WEBSITE OR INFORMATION PROVIDED THROUGH THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS DO NOT APPLY TO YOU.
IN THIS RESPECT, OUR MAXIMUM LIABILITY FOR DAMAGES FOR ANY CLAIM ARISING FROM YOUR USE OF THE WEBSITE OUTSIDE OF THE SERVICE SHALL BE LIMITED TO ONE THOUSAND DOLLARS ($1,000.00).
NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT SHALL TAKE EFFECT SO AS TO EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY FOR DEATH, PERSONAL INJURY OR PROPERTY DAMAGE (EXCEPT FOR DAMAGE TO DATA) CAUSED BY THE WILLFUL OR NEGLIGENCE ACTS OR OMISSIONS OF THE OTHER PARTY OR ITS EMPLOYEES.
Membership in the Service is void where prohibited. By registering for an account with the Service (a “Membership Account”) and using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
To purchase from or register as a member of the Service, you must be 18 years of age or older. In this respect, you represent and warrant that you are 18 years of age or older and that your use of the Website and Service shall not violate any applicable law or regulation. If we learn that you are misrepresenting your age, your profile may be deleted without warning.
2. Registration with the Service.
You agree that the information that you provide to us on registration with the Service and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. In particular, you must keep your e-mail address up to date in that this is the primary means in which we will communicate with you about your Membership Account and your orders.
3. Password and Membership Account.
When you register as a Member, you will be asked to provide a password. Since you will be responsible for all of the activities that occur with respect to your Membership Account, we ask that you keep your password confidential. Your membership is solely for your personal use, and you shall not authorize others to use your Membership Account, including your profile or email address. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT PUBLISHED OR DISPLAYED THROUGH YOUR MEMBERSHIP ACCOUNT, INCLUDING ANY E-MAIL MESSAGES, AND FOR YOUR INTERACTIONS WITH US. You must notify us immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
In this respect, you shall not disclose your password to any third party or permit any third party to access your Membership Account. You may not sell or otherwise transfer your profile for your Membership Account.
You may not use the account, username, or password of any other Member at any time or attempt to impersonate (i) another Visitor to the Website, (ii) any person who is not a Member or (iii) any Member.
We reserve the right to cancel the Service or to discontinue free Membership Accounts that have been inactive for more than three-hundred and sixty five (365) days.
4. Agreement Term.
As soon as you register and accept the terms of the Agreement, you become a Member of the Service. This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You agree that we may at any time with prior notice that is reasonable under the circumstances: (i) move, change or suspend any part of the Service; (ii) terminate your Membership Account or deny you with access to your Membership Account or otherwise terminate your access to or use of any portion of the Website or Service at any time and for any reason, with or without cause; or (iii) deny to you any features, offers or incentives available through the Service for any reason, including your failure to comply with this Agreement or a competent regulatory authority requires us to do so.
You may terminate your membership at any time.
If we terminate your Membership Account, such termination shall be effective upon us sending notice to you at the email address you provide during registration for your Membership Account or other email address as you may subsequently provide to us.
5. Applicable Laws.
You must use the Service in a manner consistent with any and all applicable laws and regulations.
6. Articles Disclaimer.
This Website may from time to time post articles containing information in the form of news and/or opinions that, unless otherwise stated therein, should not be construed as specific advice or instruction from us or official expressions of us. We do not warrant, either expressly or by implication, the factual accuracy of the articles posted, nor does it adopt any statement as its own, or warrant any news or opinions offered by the author of said articles. Although we believe all statements made in the articles to be reliable and accurate based upon representations made by the authors themselves, we cannot guarantee that such statements are reliable and accurate and we accept no fault or liability for any error or omission with respect to such articles.
7. Member Content
We may, at our sole discretion, permit Members to post, upload, publish, submit, or transmit photos, diagrams, text, testimonials, reviews, videos, sounds, images, or information (collectively, “Member Content”). By making available any Member Content on or through our Website or the Service, you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Website and/or the Service. We do not claim any ownerships rights in any such Member Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through our Website and/or the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through our Website and/or the Service or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such Member Content, as contemplated under this Agreement; (ii) neither the Member Content nor your posting, uploading, publication, submission, or transmittal of the Member Content or our use of the Member Content (or any portion thereof) on, through, or by means of our Website and/or Service will infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, and (iii) all Member Content does not violate the Use Restrictions enumerated in the Website Terms of this Agreement, including the Acceptable Use Policy. You also agree that we may, but have no obligation to, review or monitor this Member Content and may remove or alter any materials that you submit in its sole discretion at any time for any reason. You also warrant that any “moral rights” in such content is waived.
8. Disclaimer of Warranty.
WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR IN CONNECTION WITH THE SERVICE PROVIDED, WHETHER CAUSED BY ANY VISITORS OF THE WEBSITE OR ANY MEMBERS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE.
THE SERVICE IS A FREE SERVICE FOR YOU INTENDED ONLY TO PROVIDE YOU WITH A MEANS OF LEARNING ABOUT OTHER LUKSIC SCHOLARS RECIPIENTS AND YOU ACKNOWLEDGE AND AGREE THAT, IF YOU REGISTER FOR THE SERVICE, IT IS YOUR RESPONSIBILITY TO PERFORM YOUR OWN DUE DILIGENCE ON OTHER LUKSIC SCHOLARS RECIPIENTS BEFORE YOU INTERACT WITH THEM.
WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR RESPONSIBILITY AS TO, OF OR FOR: (I) YOUR USE OF THE SERVICE, INCLUDING DAMAGES RESULTING OR ARISING FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAYS IN TRANSMISSION, ANY COMPUTER VIRUSES, INFECTIONS, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, COMMUNICATION LINE FAILURES, NON-DELIVERIES, MIS-DELIVERIES, THEFT OR UNAUTHORIZED ACCESS OF INFORMATION OR ANY FAILURE OR PERFORMANCE OF THE WEBSITE OR SERVICE; (II) ANY DENIAL OR RESTRICTION OF YOUR ACCESS TO THE WEBSITE OR SERVICE IN ANY MANNER BY US; OR (III) THE QUALITY, SUITABILITY, ACCURACY, FUNCTIONALITY OR OPERATION OF THE WEBSITE OR SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY LUKSIC SCHOLARS CONTENT THAT THE SERVICE IS MAKING AVAILABLE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Without limiting the foregoing, THE SERVICE, EVERYTHING ON THE WEBSITE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED.
9. Limitation on Liabilities.
TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL WE HAVE ANY LIABILITY TO ANY MEMBER OR VISITOR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT AND STRICT LIABILITY IN TORT)), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS OR LOST PROFITS IN CONNECTION WITH OR ENSUING FROM (I) THE USE OR INABILITY TO USE THE WEBSITE OR SERVICE, (II) ANY TRANSACTIONS CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE OR SERVICE, INCLUDING ANY OFFERS OR INCENTIVES REALIZED BY YOU THROUGH YOUR USE OF THE SERVICE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE OR SERVICE, (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATED TO THE WEBSITE OR SERVICE OR ANY LUKSIC SCHOLARS CONTENT OR INFORMATION PROVIDED ON THE WEBSITE OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY. BECAUSE SOME STATES IN THE UNITED STATES OF AMERICA DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS DO NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING ELSE SET FORTH HEREIN, OUR MAXIMUM LIABILITY FOR DAMAGES FROM ANY CLAIM ARISING FROM YOUR USE OF THE SERVICE SHALL BE LIMITED TO ONE THOUSAND DOLLARS ($1,000.00).
NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT SHALL TAKE EFFECT SO AS TO EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY FOR DEATH, PERSONAL INJURY OR PROPERTY DAMAGE (EXCEPT FOR DAMAGE TO DATA) CAUSED BY THE WILLFUL OR NEGLIGENCE ACTS OR OMISSIONS OF THE OTHER PARTY OR ITS EMPLOYEES.
You understand and agree that you are personally responsible for your behavior in connection with the Service. You agree to indemnify, defend and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees and any third-party information or content providers to the Service, harmless from any loss, liability, claims, demands, damages and costs (including, but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use or misuse of the Service by you or any other person using your Membership Account; (ii) any violation or breach of this Agreement; or (iii) any violation of any of the rights of any other third-party.
11. Entire Agreement; Order of Precedence; Waiver; Severability.
Unless otherwise specified herein, the Agreement constitutes the entire agreement between you, a Member, and us with respect to the Website and the Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with regard to the Website and Service. To the extent of any conflict or ambiguity between the “Website Terms”, “Service Terms”, or any other terms and conditions as posted on the Website, the order of precedent for Members of the Service shall be: (i) the “Service Terms”, (ii) the “Website Terms”, and (iii) the other terms and conditions as posted on the Website, and each of the aforementioned parts of the Agreement shall govern in such order, but solely to the extent of any conflict or ambiguity. The failure to enforce any right or provision in this Agreement by us shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid or unenforceable, that portion shall be deemed to be substituted with a valid, enforceable provision which most closely reflects the original intent of the parties, and the remaining portions shall remain in full force and effect.
If you have any comments or questions about the Service, please contact us at firstname.lastname@example.org or by telephone at +423 231 4601.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
No action arising out of this Agreement or your access to or use of our Website and/or the Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without our prior written consent. Any purported assignment lacking such consent will be void at its inception. We may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in our sole discretion, upon notice of assignment by posting such notice on our Website.
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.