Terms of Service

Effective May 6, 2015

These Terms of Use (these “Terms“) constitute an agreement between you and The Kovner Foundation, a 501(c)(3) tax-exempt private foundation, organized in hte State of Deleware (“we,” “our,” “us”) and govern your use of our website at www.kovnerfoundation.org (this “Site”).  By using this Site, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms.

1. DISCLAIMERS.
   1. THE INFORMATION ON THIS SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON THIS SITE SHOULD BE CONSTRUED AS A SOLICITATION, OFFER OR RECOMMENDATION TO BUY OR SELL ANY SECURITY, OR AS AN OFFER TO PROVIDE INVESTMENT ADVISORY SERVICES. WE ARE NOT A REGISTERED INVESTMENT ADVISOR.
   2. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE. THIS SITE IS PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, OR ABSENCE OF VIRUSES OR DAMAGING OR DISABLING CODE.
2. LIMITATIONS OF LIABILITY. EXCEPT TO THE EXTENT OTHERWISE MANDATED BY APPLICABLE LAW, (X) IN NO EVENT WILL WE OR OUR AFFILIATES OR PRINCIPALS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS SITE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (Y) IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR THESE TERMS FOR ANY REASON EXCEED THE AMOUNT OF $100.
3. PROPRIETARY RIGHTS. We and/or our licensors own this Site, including all graphics, photographs, images, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property comprising this Site.  The foregoing ownership rights include all rights with respect to trademarks, service marks, trade dress, logos, copyrights, rights of authorship and patents; all database rights, moral rights, inventions, rights of inventorship, rights of publicity and privacy, trade secrets, know-how, and rights under unfair competition and unfair trade practices laws; all other worldwide intellectual and industrial property rights related thereto; and all applications, registrations, derivative works or renewals relating to any of the foregoing.
4. PRIVACY. Your use of this Site is subject to our privacy policy, the provisions of which are incorporated into these Terms.   By using this Site, you acknowledge and consent to our collection and use of information as set forth in the privacy policy.
5. CHANGES TO TERMS. We may modify these Terms at any time by posting changes on this Site; however, (i) these changes will only become effective and binding with respect to you after we provide notice on this Site that these Terms have changed and you first use this Site following the date of such posting, and (ii) the changes will only apply with respect to your use of this Site after such changes become effective. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access this Site.
6. USER CONDUCT. While using this Site, you agree that you will not:
   1. violate any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities or any securities exchange rules or requirements;
   2. violate or infringe upon any copyright, trademark, patent, trade secret or other intellectual property rights or any other third party rights;
   3. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
   4. violate or attempt to violate the security of this Site;
   5. reverse engineer, decompile or disassemble any portion of this Site;
   6. “scrape” information from this Site by automated means; or
   7. interfere with the ability of others to use this Site.
7. LINKS. This Site may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.
8. CHILDREN. This Site is intended for use by adults. You are not permitted to use this Site if you are under the age of 13.
9. LAW; JURISDICTION. These Terms are governed by the laws of the United States of America and the State of New York, without regard to conflict of laws rules. Any dispute between us related to these Terms or this Site will be resolved exclusively in the state or federal courts located in New York County, in the State of New York.
10. MISCELLANEOUS. These Terms represent the entire agreement between you and us with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding this Site. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, we shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it.  All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.”  All references in these Terms to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. If you wish to communicate with us in connection with these Terms, notices should be sent by email to support@thekovnerfoundation.org or sent to us at The Kovner Foundation, Attention: Legal, 731 Alexander Road, Building 2, Princeton, NJ 08540.