Asian Americans/Pacific Islanders in Philanthropy (“AAPIP”) operates this Site to provide online access to information about AAPIP and the products, services, and opportunities we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). These Terms of Use, together with applicable additional terms and conditions posted on other areas of the Site, are referred to as this “Agreement.”
AAPIP reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.
1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about AAPIP products and services. No right, title or interest in any Content is transferred to you. AAPIP reserves complete title and full intellectual property rights in all Content. You may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use of this Agreement.
2. Copyright and Trademarks
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to AAPIP or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by AAPIP or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. You may not manipulate or alter in any way images or other Content on the Site. You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
3. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute an explicit or implicit endorsement, sponsorship, or recommendation by AAPIP of the third party, the third-party web site, or the information contained therein. AAPIP is not responsible for the availability of any such web sites nor is it responsible or liable for the content of the web sites thereon. If you use the links to the web sites of AAPIP affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.
4. Disclaimer of Warranties
AAPIP makes no express or implied warranties, representations or endorsements with respect to the Site, the Service or the Content. AAPIP expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the Service, and the Content. AAPIP does not warrant that the functions performed by the Site or the Service will be uninterrupted, timely, secure or error-free, or that defects in the Site or the Service will be corrected. AAPIP does not warrant the accuracy of the Content or that any errors in the Content will be corrected. The Site, the Service and the Content are provided on an “as is” and “as available” basis.
5. Limitation of Liability
In no event will AAPIP be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (i) the use of or inability to use the Site, the Service, or the Content, (ii) any transaction conducted through or facilitated by the Site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the site, the Service and/or the Content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the Site, the Service, or the Content, even if AAPIP has been advised of the possibility of such damages. Certain state laws may not allow AAPIP to limit or exclude liability for these incidental or consequential damages. If you live in one of those states, the above limitation may not apply. In such states, AAPIP’s liability is limited and warranties are excluded to the greatest extent permitted by the law.
6. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless AAPIP, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
7. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
8. General
a. Entire Agreement/No Waiver.
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by AAPIP of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies.
The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. AAPIP therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. AAPIP does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum.
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, AAPIP’s Privacy Policy, your use of the Site, any other AAPIP web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws provisions.