Welcome to the website of the Walton Family Foundation (“the Foundation,” “our,” “we,” or “us”). This User Agreement sets forth the terms and conditions for your use of our website and its associated webpages, features, applications, and content (collectively, the “Site”). The Walton Family Foundation may modify this User Agreement in the future, so please check this page regularly for updates.
Please read this User Agreement carefully, because by visiting or using this Site, you agree to comply with it and to be legally bound by it. If you do not agree to comply with this User Agreement, you are not authorized to use this Site. IF YOU DO NOT AGREE WITH THIS USER AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE AND ARE INSTRUCTED TO EXIT THE SITE IMMEDIATELY.f
License Grant and Restrictions
This User Agreement provides to you a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access the Site during the Term specified herein solely for your personal, private, non-commercial use, conditioned on your continued compliance with all provisions of this User Agreement (including without limitation any external terms and documentation linked or referenced herein).
When using the Site in accordance with the foregoing license, you shall not directly or indirectly (a) use the Site to create any service, software or documentation that performs substantially the same functionality as the Site, (b) disassemble, decompile, reverse-engineer, or use any other means to attempt to discover any source code, algorithms, trade secrets, or applications underlying the Site or any of its webpages, content, or features, (c) encumber, sublicense, transfer, distribute, rent, lease, time-share, or use the Site in any service bureau arrangement or otherwise for the benefit of any third party, (d) adapt, combine, create derivative works of, or otherwise modify the Site, (e) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in the Site, (f) use or access the Site for any unlawful, fraudulent, deceptive, tortious, malicious, or otherwise harmful or injurious purpose, (g) remove, obscure, deface, or alter any proprietary rights notices on any element of the Site or accompanying documentation, or (h) use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any third party’s authorized use of the Site.
You represent that you are at least eighteen (18) years of age or the legal age of majority in your jurisdiction (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (which you have all necessary rights, permission(s), prior express consent, or authority to provide) when submitting information through the Site. In addition, you are responsible for compliance with all applicable laws, rules, and regulations, including but not limited to all laws and regulations governing consumer protection, unfair competition, commercial electronic mail (email) and messages, advertising, privacy, and data security with respect to your use of the Site. If you access the Site on behalf of any organization, your organization shall be bound to this User Agreement and be liable for any breach by you. You represent that you have all rights, power, and authority to agree to this User Agreement on behalf of your organization.
You represent and warrant that you are not: (a) located in a country that is subject to a U.S. government embargo; or (b) listed on any U.S. government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable sanctions and export control laws, and (ii) you are solely responsible for ensuring that the Site is used, disclosed, and/or accessed by you only in accordance with all applicable sanctions and export control laws.
Disclaimers and Excluded Liability
WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SITE AND ANY CONTENT, INFORMATION, OR FEATURES THEREOF, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR EXPECTATIONS, SPECIFICATIONS, OR REQUIREMENTS; OR THAT THE SITE WILL BE FREE OF VIRUSES, MALWARE, OR ERRORS. WE FURTHER EXPRESSLY DISCLAIM ANY WARRANTY REGARDING THE LOSS OR CORRUPTION OF DATA OR CONTENT UPLOADED TO, STORED BY, OR TRANSMITTED BY THE SITE OR SERVICES.
IN NO EVENT SHALL WE BE LIABLE HEREUNDER, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE), FOR ANY: (A) LOSS OR INACCURACY OF DATA, LOSS, OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS AND/OR GOODWILL, EVEN IF SUCH DAMAGES WERE REASONABLY FORSEEABLE OR IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) ANY DAMAGES WHICH, IN THE AGGREGATE, EXCEED A TOTAL OF TEN U.S. DOLLARS (U.S.D.$10.00). THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE INSUFFICIENCY OR FAILURE OF ANY REMEDY PROVIDED HEREIN.
CERTAIN JURISDICTIONS AND LAWS MAY NOT PERMIT SOME OR ALL OF THE DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION. IN THE EVENT THAT SUCH A JURISDICTION OR LAW APPLIES TO THE SUBJECT MATTER OF THIS USER AGREEMENT, THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
The text, images and other content on the Site (“materials”) are protected by copyright and other intellectual property rights. The Foundation – and relevant third parties – own and expressly reserve all rights, including copyright, in whole and in part, throughout the world, in the Site and all materials on the Site. The Site, and the content, information, and other materials contained therein, may be used only by obtaining explicit written permission from the Foundation and/or the relevant copyright or other rights holder. Any unauthorized use or modification of the materials on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, contract, and communications regulations and statutes and any other applicable laws. The Foundation expressly reserves all rights and remedies available under said law, regulations, and statutes.
You may not distribute, modify, transmit, reuse, download, repost, copy, or use the contents of the Site for public or commercial purposes, or for personal gain, without the express prior written permission of the Foundation in each instance. You may not use the Foundation's name or any material contained on our Site to imply endorsement, sponsorship, or affiliation with us in any manner.
The institutional names and other brands, logos, trademarks, and service marks displayed on the Site, including "Walton Family Foundation" and variations thereof, are registered and unregistered trademarks of the Foundation and/or applicable third parties (collectively, the "Trademarks"). Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the prior written permission of the Foundation or such third party that may own the Trademarks displayed on the Site. Any unauthorized use of the Trademarks or any other materials is strictly prohibited.
Links, Frames and Metatags
You may not link to our Site without prior written permission of the Foundation. Any such approved link shall in no way cast the Foundation in a false or misleading light. You may not frame the content of our Site. You may not use metatags or any other "hidden text" that incorporates our trademarks or our name without our express written consent.
Links to Other Web Sites
The Foundation has not reviewed all of the sites linked to the Site and has no control over and is not responsible for the content or privacy policies of any off-site pages or other sites linked to the Site. Any websites linked to or from the Site (regardless of whether they are affiliated with the Foundation) are for your convenience only, and you access them at your own risk. Any information that you may provide to such third party sites is done so at your own risk. These websites, and your use and access thereof, may be governed by their own privacy and user agreements, which you should read. In no event shall we be held liable or responsible for any privacy or user agreement of a third party.
WE EXPRESSLY DISCLAIM RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY WEBSITES, MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SITE, AND YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY IN CONNECTION THEREWITH.
Updates and Content
The Foundation assumes no liability for any errors or omissions in the content or information made available on the Site. The Foundation is engaged in an ongoing process of updating and revising the materials on this Site and reserves the right to add or withdraw any image, text, or data from the Site at its sole discretion at any time. The Foundation assumes no liability for any damages or losses that may occur to you or any third party based on its updates or modifications to any content or information on the Site. In the event that the Site is unavailable, either on a temporary or permanent basis, the Foundation assumes no liability for any losses that may occur to you or any third party arising out of the unavailability of the Site.
The Foundation assumes no responsibility, and shall not be liable for, any damages to, or viruses, malware, or similar programs or applications that may affect, your computer device, network infrastructure, or other property on account of your use of the Site or your downloading of any materials from the Site.
Term and Termination
This User Agreement takes effect (or re-takes effect) at the moment you first access or use the Site. This User Agreement terminates automatically if you fail to comply with any provision hereof, subject to the survival rights of certain provisions identified below. You may also terminate this User Agreement at any time by ceasing to use the Site, but each re-access or renewed use of the Site will reapply the User Agreement to you and such use. Upon termination or expiration of the User Agreement for any reason, all licenses granted by the Foundation hereunder shall immediately terminate, and you must immediately cease all use of the Site.
We reserve the right to terminate this User Agreement at any time without notice for any reason, including without limitation for your actual or suspected violation of this User Agreement or our reasonable belief of your fraudulent or unlawful activity, or otherwise to protect our rights or the rights of third parties. The provisions of this User Agreement governing our proprietary rights, disclaimers of warranty, disclaimers and limitations of liability, severability and waiver, entire agreement, injunctive relief, and governing law shall survive any such termination.
Severability and Waiver
You acknowledge and agree that if any provision of this User Agreement shall be rendered unlawful, void, or for any reason unenforceable pursuant to court order or operation of applicable, then that provision shall be deemed severed from the User Agreement and shall not affect the validity and enforceability of any remaining provisions, such that the remainder shall continue in full force and effect to the maximum extent permitted under applicable law.
The Foundation's failure to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by the Foundation.
Governing Law and Dispute Resolution
This User Agreement shall be governed by the laws of the State of Arkansas without giving effect to conflict of laws principles. In the event of a dispute between parties involving any matter under or arising out of this User Agreement, each of the parties agrees to use its commercially reasonable efforts to try to resolve such dispute cordially and efficiently. If the parties are unable to resolve such dispute after using such commercially reasonable efforts for ten (10) business days, such dispute shall be resolved and settled in accordance with the then existing rules and procedures of the American Arbitration Association by confidential, final, and binding arbitration, at the complaining party's written request. The Parties acknowledge that this User Agreement evidences a transaction involving interstate commerce, and that the United States Federal Arbitration Act shall govern the interpretation and enforcement of, and proceedings pursuant to such arbitration. The parties agree that the place of arbitration shall be the State of Arkansas. In any such arbitration, the arbitrator's award shall include reimbursement of the prevailing party's reasonable attorney's fees, costs and expenses incurred in connection with such dispute and arbitration.
Each party agrees not to institute any suit, action or proceeding arising out of or relating to this User Agreement in any state or federal court, other than a suit, action or proceeding to enforce an arbitration award granted in an arbitration contemplated hereby. Each party hereby submits to the jurisdiction of the state and federal courts located in Benton County, Arkansas with respect to any suit, action or proceeding to enforce any such award, and each hereby waives and agrees not to make any claim that such courts are an inconvenient forum for any such suit, action or proceeding. Each party hereby agrees that service of process by delivery in accordance with the notice provisions hereof shall be effective service of process in any such suit, action or proceeding, and in any arbitration contemplated hereby. EACH PARTY HEREBY WAIVES THE RIGHT TO A JURY TRIAL IN ANY SUCH SUIT ACTION OR PROCEEDING.
The relationship between the Foundation and you under this User Agreement is that of independent contractors, and nothing herein or in your use of the Site shall be construed as creating any joint venture, partnership, employment, or agency relationship.
Security and Compliance
We reserve the right to view, monitor, and record your activity on the Site without notice or permission from you. Our provision of the Site is subject to existing laws and legal process, and nothing contained herein shall restrict or reduce our ability and/or obligation to comply with governmental, court, and law enforcement requests or requirements involving your use of the Site or information provided to or gathered by us with respect to such use.
You acknowledge that any breach by you, threatened or actual, of this User Agreement would cause irreparable injury to the Foundation not readily quantifiable as money damages, such that the Foundation would not have an adequate remedy at law. You therefore agree that the Foundation shall be entitled, in addition and without prejudice to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such breach of your obligations, without the necessity of posting bond or other security.
Please note that the Foundation reserves the right to change the terms and conditions of this User Agreement by posting a revised set of terms to the Site (or such other method as may be expressly required by applicable law). Your continued use of the Site following any announced change will be deemed as conclusive acceptance of any change to the Terms. Accordingly, please review the User Agreement periodically to remain advised of such changes.
Questions and Comments
Any questions, comments and/or concerns that you may have regarding this User Agreement should be directed to firstname.lastname@example.org.