Terms and Conditions

THE QUEEN SHIRLEY FOUNDATION TERMS AND CONDITIONS OF USE

Effective Date: September 5, 2020

This is an agreement between The Queen Shirley Foundation and users of The Queen Shirley Foundation’ website () and governs your use of our website and services operated by The Queen Shirley Foundation (“Site and Services”). Throughout these Terms and Conditions of Use (“Terms”), “The Queen Shirley Foundation,” “we,” “our,” or “us” refers to The Queen Shirley Foundation. “You” or “your” refers to anybody using our Site and Services.

These Terms are binding for all users of our Site and Services. Please read these Terms carefully and note that we may change the Terms from time to time.

These Terms and the , are incorporated in these Terms. Our Privacy Policy explains what data and/or personal information we collect about you and how we use and share your data and/or personal information. Information that you provide to us or that we collect about you and your Company through your access to and use of the Site and Services is subject to our Privacy Policy.

Electronic Communications

You agree to receive emails and other electronic communications from us. You agree that electronic messages we send to you are communications “in writing” for legal purposes.

We reserve the right to contact you by email for purposes of informing you of changes to our Site and Services or these Terms. We may also contact you regarding surveys or feedback regarding the Site and Services.

Your Data

We will take commercially reasonable steps to ensure the integrity of our systems and prevent hacks. However, no system is impenetrable. You agree that we are not responsible for someone hacking your account.

We may change the services we offer or suspend or cease performance of the services at any time or for any reason. We also reserve the right to cancel or refuse services. We may also remove or edit content or delete accounts.

Links to Third Party Websites or Services

Sometimes we may post links to other websites or services. We cannot control the content on other websites or services, and we are not responsible for the content on those websites or services. By linking to such websites or services, we do not agree with or endorse the content or owners of those websites or services. Please be aware that the content of those websites or services may also change from time to time. Even if we linked to something, we are not responsible for what is at the other end of the link.

Communications Between Us and You

If you sign up for our email list and indicate that you want to receive such information, you agree that we or our third party partners or service providers may communicate with you from time to time regarding our Site and Services.

We reserve the right to contact you by email for purposes of informing you of changes to our Site and Services or these Terms. We may also contact you regarding surveys or feedback regarding the Site and Services.

No Unlawful or Prohibited Use/Intellectual Property

We grant you a non-exclusive, non-transferable, revocable license to access our Site and Services, as long as you agree with our Terms.

You agree not to use our Site and Services to do anything illegal. You also agree that you will not do anything that violates these Terms. You agree that you will not try to hack us or try to sabotage our services in any way. You agree that you will not try to access another user’s data or do anything that prevents someone else from using our Site and Services. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content.

You may not access, use, or copy any portion of the Site and Services through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms.

All of the content on our Site and Services is protected by various laws. That means all articles, photographs, pictures, graphics, video, audio, text, logos, software, and other content that is collected online, or other content that is combined with information collected online, are protected by copyright as collective works or compilation under the copyright laws of the United States and other countries, or by other applicable laws and regulations. All individual articles, photographs, pictures, graphics, video, audio, text, logos, software, and other content are also copyrighted works. All copyrights in the Site and Services are owned by us or by our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws.

You agree not to use, publish, reproduce, distribute, enter into a database, display, perform, modify, create derivative works, transmit, or exploit in any way our materials, except that you may make use of the content for your own personal use as follows: you may make one machine readable copy and/or print copy that is limited to occasional articles of personal interest only.

International Users

If it is against the law to use our Site and Services where you are, or if it is unlawful to transfer your data to the United States, do not use our Site and Services. We make no representation that Site or Services is appropriate or available for use in locations other than the United States. If you choose to access the Site and Services from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.

Indemnification

You agree to indemnify and hold harmless The Queen Shirley Foundation, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of our Site and Services or breach of these Terms. You will cooperate as fully as required by us in the defense or settlement of any claim.

Arbitration

In case of any disputes between us that cannot be resolved through informal discussions, you agree to submit such disputes to a neutral arbitration organization appointed by the American Arbitration Association and in accordance with the Federal Arbitration Act. The arbitrator’s decision and award is final. You and we also both agree not to disclose the contents of the arbitrator’s decisions related to the arbitration to anyone (except as required by law or for the purposes of enforcement or appeal of the arbitration award).

Arbitration will cover all disputes and claims regarding these Terms, including tort claims, direct claims, or indirect claims. The arbitrator can issue rulings on any substantive or procedural issues arising in the dispute, including the scope of the dispute. This arbitration clause will continue to be valid even if these Terms are no longer valid for some reason. If you have a claim or dispute, you must contact us first, so we can try to resolve the matter. You agree to give us 60 days to try to resolve the dispute before requesting arbitration. The arbitration of any dispute or claim will follow the relevant rules of the American Arbitration Association as modified by these Terms.

If you and we have to participate in arbitration of disputes between us, such arbitration shall take place in Detroit, Michigan. The arbitrator may not award relief in excess of or contrary to what these Terms provide, order consolidation or arbitration on a class-wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

You must contact us within one year of the date of the event or facts giving rise to a dispute or you will have waived the right to pursue a claim based on such event or facts.

Class Action Waiver

Any arbitration will be on an individual basis. By using our Site and Services, you agree that you cannot make “class action” claims.

Unless both you and we agree, the arbitrator cannot group claims together.

Liability Disclaimer

We may make improvements and/or changes in the Site and Services at any time.

We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the site, or information accessible therein. We make no representation that the Site and Services and their content are free of viruses or other disabling devices or harmful components. To the maximum extent permitted by applicable law, the Site and Services and information accessible therein are provided “as is” without warranty of any kind. We disclaim all warranties with regard to the Site and Services and information accessible therein, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall The Queen Shirley Foundation, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site and Services, the delay or inability to use the Site and Services, or for any information, software, products, services, or related graphics obtained through the Site and Services, whether based on contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of damages. Because some states and/or jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitation may not apply to you.

Representations

You represent and warrant that no materials you submit to us or our Site and Services will violate, plagiarize, or infringe upon the rights of third parties or contain libelous or unlawful material. You represent that you are at least 18 years old.

Copyright Infringement

Michigan Law and Enforceability

This agreement and our Site and Services are governed by the laws of the State of Michigan. You and your Company agree that the courts of the State of Michigan have exclusive jurisdiction over any matters, disputes, and claims relating to the content, use of, or any other matter relating to our Site and Services.

If you are in a location that does not permit any of the terms in this agreement, you agree you will not use our Site and Services.

Using the Site and Services does not mean that there exists a joint venture, employment, or partnership between or among us. If any part of this agreement invalid or unenforceable, the rest of the agreement will continue to be valid and enforceable.

This agreement and the Privacy Policy is the entire agreement between you and us. The most recent version of the Terms is the valid version. Please review the Last Updated date at the bottom of these Terms.

Contact Us

If you have any questions or comments, please . We welcome your questions regarding these terms.

 Last Updated: August 13, 2020