Website Terms of Use

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Application

The terms of use specified herein apply to all Web pages and websites, mobile applications, or other online service created by the Zephyr Foundation (“the Foundation”), a nonprofit corporation registered in the Commonwealth of Virginia.

Acceptance of Terms of Use

By using this website, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these terms of use, you may not use this website. We reserve the right, at our sole discretion, to update or revise these terms of use. Please check this page periodically for changes. Your continued use of this site following the posting of any changes to the terms of use constitutes acceptance of those changes.

Use of Third-Party Services

The Foundation may use third-party services to better engage with our visitors or to collect data by means of forms, surveys, subscriptions, or other online data-entry mechanisms. We are not responsible for the terms of service or privacy policies of any third-party service providers.

The Foundation uses Stripe to process online credit card payments. Please refer to website (https://stripe.com/) for their terms of service.

User’s Grant of Nonexclusive License

By providing data in response to this website, or otherwise participating in or using any communications service, chat session, webcast, message board, user forum, personalized area, or other interactive activity on this website (content), you: grant the Foundation a nonexclusive irrevocable worldwide license in any media now or hereafter known to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting or other use of the content by the Foundation will not infringe or violate the property or other rights of any third party.

Rules of User Conduct

You agree to abide by all procedures and requirements of the Foundation, including, but not limited to, agreeing not to use this website for any unlawful purpose. By posting information, participating in, listening to, or otherwise using any communications service, chat session, webcast, message board, user forum, personalized area, or other interactive service that may be available to you on or through this website, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information, that:

  • infringes on any patent, trademark, trade secret, copyright, right of publicity, or other property right of any party;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts, or otherwise violates the Foundation’ policies; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or impersonates any person or entity.

The Foundation does not routinely pre-screen, monitor, or edit the content posted by users of chat sessions, message boards, news groups, webcasts, or other interactive services that may be available on or through this website. However, the Foundation may, in its sole discretion, perform such screening, editing, or monitoring and remove any content that, in the Foundation’s judgment, does not comply with the terms of use or is otherwise harmful, objectionable, or inaccurate. The Foundation is not responsible for any failure or delay in removing such content.

Disclaimer of Warranties

There is no guarantee that any transmission of data over the Internet is completely secure. The Foundation cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk.

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE.

Indemnification

Upon a request by the Foundation, you agree to defend, indemnify, and hold harmless the Foundation and their employees, officers, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this website.

International Use

The Foundation make no representation that materials on this website are appropriate or available for use in locations outside the United States, and accessing them from nations or territories where their contents are illegal is prohibited. Persons who access this website from outside the United States are solely responsible for compliance with all applicable laws.

Choice of Law and Forum

These terms of use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules.

Severability and Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and the Foundation with respect to this website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Foundation with respect to this website.