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Legal Disclaimer

Website User Agreement

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE www.osherfoundation.org WEB SITE (the “SITE”). THE SITE IS A WEB SITE OF THE BERNARD OSHER FOUNDATION (the “FOUNDATION” or “WE”). WHEN YOU (“YOU” or “USER”) ACCESS OR USE THE SITE, ITS COMPUTERS OR SERVERS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE OR VIEW THE SITE. WE ENCOURAGE YOU TO PERIODICALLY REVIEW THIS AGREEMENT AS THE FOUNDATION RESERVES THE RIGHT TO MODIFY OR REVOKE THIS AGREEMENT AND THE TERMS OF THIS AGREEMENT MAY CHANGE FROM TIME.

PRIVACY POLICY

This Agreement incorporates by reference the terms of the Foundation’s Privacy Policy developed for the Site.
YOUR USE OF THE SITE

Unless otherwise specified herein, you are permitted to view, print and download the material provided by the Foundation on the Site solely for your personal, non-commercial use.

RESTRICTIONS

By accessing and using the Site, You agree
· You will not intentionally or unintentionally violate any applicable law;
· You will not post, upload, transmit, link to otherwise distribute or publish any content or code that is obscene, hateful, abusive, threatening, harassing, defamatory, libelous, tortious or otherwise objectionable;
· You will not use this Site for any commercial purpose whatsoever;
· You will not post, upload, link, transmit to or otherwise distribute or publish any content that includes, without limitation, advertisements, promotions, commercial solicitations or other forms of solicitation of any kind;
· You will not access, tamper with or use non-public areas of the Site, the Foundation’s computer systems, or the technical delivery systems of our service providers;
· You will not post, upload, transmit, link to or otherwise distribute or publish any file or code that is harmful to the Site or to others accessing the Site, or that interferes with or tracks such use, including without limitation, any viruses, “worms”, ”Trojan horses” or other malicious code;
· You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way a part of the Site.

COPYRIGHTS

Domestic and International copyright and trademark laws protect the entire contents of this Site. Unless otherwise noted, all materials found on the Site are the property of the Foundation, its licensors, or their respective owners. Copyright and the text contained on the Site is owned by the Foundation, unless otherwise attributed, and may be used, downloaded, reproduced or reprinted provided that copyright attribution be made to the Foundation, or such other owner as may be indicated, in all copies thereof, and only so long as such use, download, reproduction or reprint is for non-commercial purposes. Text and other copyrighted materials contained on the Site may not be modified in any way.

INDEMNITY

You agree to defend, indemnify and hold the Foundation, its affiliates, officers, directors, members, employees and agents harmless from and against any claims, actions or demands, including without limitation any reasonable legal fees, made by any third party due to or resulting from Your use of the Site of the content found on the Site or from Your violation of the terms of this Agreement.

NO WARRANTIES OF ANY KIND

YOU ACKNOWLEDGE AND AGREE THAT EVERYTHING ON THIS SITE IS PROVIDED TO YOU “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

CONTROLLING LAW

This Agreement and any action related to it shall be governed, controlled, interpreted and defined by and under the laws of the State of California and the United States, without regard to conflicts of laws provisions thereof.

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