Terms of Use

Whiting Foundation Terms of Use

Last Updated October 9, 2020


The Terms of Use ("Terms") below are applicable to the Whiting Foundation (the "Foundation", "we", "us", "our") website, located at www.whiting.org (the "Site").  Please read these Terms carefully before using the Site.  By accessing or using the Site, you hereby agree to be bound by these Terms, as well as our Privacy Policy.  These Terms may be updated by the Foundation at any time.  Your continued use of the Site after any such modifications shall constitute your acceptance of these Terms as modified.

If you do not agree to these Terms of Use for any reason, you are not authorized to use our Site.

Privacy Policy

Please carefully review our Privacy Policy, which is a part of these Terms.

Use of the Site and Content

The text, photographs, images and  other materials (collectively, the "Content") of the Site are subject to copyright, trademark and other applicable law and are owned by the Foundation or licensed to the Foundation by third parties.  Some of the Content on the Site is made available by the Foundation or a third party under the terms of a Creative Commons license that grants certain permission to use that item—please refer to each item of Content for the applicable licensing statement, if any.

You may not copy, reproduce, republish, upload, post, frame, transmit, display, modify, prepare derivative works based upon, or distribute in any way the Site or the Content, except that you may use Content owned by the Foundation subject to our prior written permission or for your limited personal, non-commercial use.  Such prior written permission is granted with respect to Content for which a Creative Commons license is specifically stated to apply, solely in accordance with the terms of the applicable license.  If you would like to use Content that is not owned by the Foundation, you must obtain permission from the owner of such Content.

All trade names, logos, trademarks and service marks which appear on the Site are the property of the Foundation or their respective owners, and you may not use any of the foregoing without the prior written approval of the owner.

You agree that when using this Site, you will not violate or facilitate any violation of any applicable local, state, federal or international law, rule or regulation, or the intellectual property rights or other rights of any person.  You may not interfere with the functioning of the Site or restrict or inhibit others from using the Site.

Links

This Site contains links to, or may be linked from, other websites, including sites of organizations funded by the Foundation and other third-party websites.  These Terms do not cover any website other than this Site.  The Foundation does not review or monitor, and is not responsible for, any website of another organization or the content on such website.  The existence of a hypertext link to or from another website should not be interpreted as an endorsement thereof.  We advise you to review the terms of use and privacy policy of any website that you visit.

International Use

This Site is operated and controlled by the Foundation in the United States, and the Foundation’s databases are located in the United States.  By using this Site, you consent to the transfer of data to, and its storage in, the United States.  Those who access the Site from outside the United States are responsible for compliance with local laws, rules and regulations.

Indemnification

You agree to indemnify the Foundation and its affiliates and their respective directors, members, officers, employees, and agents against any losses, liabilities, damages, expenses and costs (including reasonable attorneys’ fees) that any of them may incur arising out of, or alleged to arise out of: (1) your acts or omissions in connection with your use of the Site in any way; (2) your violation of these Terms; or (3) your breach of any representation, warranty,  covenant or obligation in these Terms.

Disclaimer of Warranties

The Site and its content are provided on an "as is" basis. The Foundation makes no representations or warranties, either express or implied, regarding the Site or the Content, and hereby specifically disclaims any and all such representations or warranties of any kind, including those with respect to the completeness, accuracy, or currency of information presented or its suitability for any particular purpose. Your use of the Site is solely at your own risk.

Limitations of Liability

In no event shall the Foundation, its affiliates or their respective officers, directors, employees, donors, representatives or agents be liable to any party for any claims, liabilities, losses, costs or damages under any theory, including but not limited to any direct, indirect, punitive, special, incidental, or consequential damages arising out of or in connection with any access, use (or inability to use), or distribution of the Site or its Content.

Governing Law / Forum

These Terms are governed by the laws of the State of New York.  Any dispute regarding these Terms of Use or your use of the Site shall be resolved solely in the state or federal courts located in New York, New York.  You agree to waive trial by jury in any such action.

General Provisions

Nothing in these Terms may be deemed to create an agency, partnership, joint venture, employee-employer or similar relationship of any kind between the Foundation and you. The failure of either party to assert any right under these Terms will not be considered a waiver of that party’s right, which will remain in full force and effect. These Terms, including the Privacy Policy, constitute the entire agreement and supersede all other agreements (oral or written) between you and the Foundation regarding your use of the Site. The term “including” means “including, but not limited to.”  If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give the fullest permissible effect to the parties’ intentions as reflected in the provision, and the remaining provisions of the Terms remain in full force and effect, so long as doing so does not deprive either party of a material benefit under these Terms.  You may not assign your rights under the Terms without the Foundation’s prior written consent, and any attempted assignment in violation of this provision is null and void.  The Foundation may assign these Terms and transfer any of its rights or obligations at any time for any reason.

Report of Unauthorized Use

Please report any violations of these Terms to us at info@whiting.org. We reserve the right to report any unauthorized use of the Site to appropriate authorities.

Contact Us

If you have questions or concerns about these Terms or the Site, please contact us at info@whiting.org or the Whiting Foundation, 16 Court Street, Suite 2308, Brooklyn, NY 11241, attn.: Website.