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Terms & Conditions

Acceptance of Terms

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. Texas Presbyterian Foundation (“TPF”) welcomes you. TPF provides its service to you subject to this Terms of Use Agreement (“Terms of Use”). The Privacy Policy located on this website also forms part of these terms. TPF reserves the right to update the Terms of Use at any time without notice to you. You can review the most current version of the Terms of Use by clicking on the “Terms of Use” link located at the bottom of our web pages.

Description of Services

TPF, through its web property “www.tpf.org” (the “Website”), provides you with a variety of resources, including, without limitation, news and information about TPF, the ability to manage your investment fund and to provide investment, contribution or disbursement instructions to your investment fund, the ability to the ability to post certain information or data on the Website, and the ability to communicate electronically with TPF and others available on or through the Website (the “Services”).

Changes to Terms and Conditions

TPF may, from time-to-time, and at its sole discretion, modify these Terms of Use. The modified Terms of Use will be effective immediately upon posting. You agree to the new posted Terms of Use by continuing your use of the Website. You agree to review the Terms of Use periodically and your continued use of the Website following such modification will indicate your acceptance of any modified Terms of Use. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Website.

Privacy Policy

See the on this website for information regarding the collection and use of your personal information and regarding any non-personal communication, comments, ideas or material you post or transmit to TPF. You consent to TPF using such information and materials collected by the Website under the terms of the Privacy Policy.

Intellectual Property

All materials displayed on, or contained within, the Website, including, without limitation, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, trademarks and service marks (collectively, the “Materials”), are the property of TPF or its licensors and are protected by copyright, trademark and all other applicable intellectual property laws. The TPF name, designs and related marks contained within the Materials are trademarks of TPF. You acknowledge and agree that the Website and the Materials are the property of TPF and its respective service providers, suppliers or licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights or other intellectual property on the Website or in the Materials. The Website and the Materials are protected by copyright, both individually and as a collective work or compilation, by trademark and patent laws, and by other applicable laws.

TPF hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use, display and make a reasonable number of copies of the Materials (excluding the design or layout of the Website) only for noncommercial and personal use and only in accordance with these Terms of Use. Any copies that you make of the Materials must retain all copyright and other notices. Use of the Materials, as set forth below, is only permitted with the express prior written consent of TPF and/or its licensors. Except as expressly provided for in these Terms of Use, without TPF’s prior written consent, you may not (i) reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast or circulate any content on the Website, including, but not limited to, any Materials, to any third party; (ii) participate in the transfer or sale of any content on the Website, including, but not limited to, the Materials; or (iii) create derivative works or in any way exploit any content on the Website, including, but not limited to, the Materials. You are not permitted to use any of the trademarks of TPF, or its respective licensors, suppliers or service providers displayed on the Website, without the prior written consent of TPF or the third party that owns the trademark. No portion of the content on the Website may be stored in a computer except for personal and non-commercial use.

Your Obligations

You may use the Website’s features, offerings and content for lawful purposes only. You agree to provide TPF with true, accurate, complete and updated account information, and you agree to keep such information current. You also agree to maintain the confidentiality and security of your password, account, and other identification information and not provide it to any other person or entity. You are fully responsible for all use of, and activities that occur under, your password, account, and other identification information and for any actions that take place through your registration or access to the Website or the Services (whether conducted by you or another). You must also maintain and promptly update personal data that you provide to TPF to keep such data accurate, current, and complete. You are responsible for restricting access to your computer as necessary. If TPF has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TPF has the right to suspend or terminate your account and refuse any and all current or future use of the account.

By using the Website, you represent and warrant that: (i) you have the power and authority to accept these Terms of Use and to enter into this agreement with TPF; (ii) you are capable of assuming, and do assume, any risks related to the use of the Materials on the Website; and (iii) you understand and accept the terms, conditions and risks relating to the use of the content and Materials on the Website. If you do not agree with these Terms of Use or are in any way dissatisfied with the Website or the Materials, your exclusive remedy is to discontinue using the Website.

No Endorsement of Third Party Sites

The Website may contain links to or reference third party websites, resources and advertisers (collectively, “Third Party Sites”). Your linking to such Third Party Sites is at your own risk. TPF is not responsible for the accuracy or reliability of any content, data, opinions, advice, statements, or other information made on the Third Party Sites. TPF also is not responsible for the availability of these Third Party Sites, nor is it responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to, the Website. Under no circumstances shall TPF or any affiliated providers be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. You should direct any concerns to the respective Third Party Site’s administrator or webmaster. Any links to Third Party Sites do not imply that TPF is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such links, or that any linked Third Party Site is authorized to use any trademark, trade name, logo or copyright symbol of TPF.

Inappropriate Material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.

Right to Remove Content

TPF reserves the right at any-time to remove any material posted on the Website at its sole discretion and for any reason, with or without cause.

Forward-looking Statements

The Website may contain certain non-historical statements that are forward-looking statements within the meaning of applicable securities laws. These statements may be identified by their use of forward-looking terminology such as “believes,” “expects,” “may,” “should,” “would,” “will,” “intends,” “plans,” “estimates,” “anticipates,” and similar words. Such forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from those projected. TPF does not guarantee the accuracy of forward-looking statements contained on the Website. Such forward-looking statements are made as of the most-recent update of the Website and TPF assumes no obligation to update the reasons why actual results could differ materially from those projected in the forward-looking statements.

Disclaimers of Warranty

TPF, and each of its licensors and service providers, assumes no liability for any inaccurate, delayed or incomplete investment, contribution or disbursement instructions provided to the Website, nor for any actions taken in reliance thereon. TPF shall make reasonable efforts to act upon your instructions within a reasonable period of time. However, TPF, and each of its licensors and service providers, assumes no liability for any delays or errors in acting upon your instructions.

TPF, and each of its licensors and service providers, assumes no liability for any inaccurate, delayed or incomplete information contained on the Website, nor for any actions taken in reliance thereon. The information contained on the Website provided by any third party has been supplied without verification by us. Any opinions expressed on the Website and those providing comments are theirs alone, and do not reflect the opinions of TPF or any employee thereof. TPF is not responsible for the accuracy of any of the information supplied on the Website.

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND IT IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TPF, ITS LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. TPF, AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS, ASSUMES NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. TPF RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. TPF MAY MAKE ANY OTHER CHANGES TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

Limitations of Liability

TPF AND ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE MATERIALS OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY MATERIALS ON THE WEBSITE (OR A THIRD PARTY WEBSITE LINKED TO THE WEBSITE), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY THE NEGLIGENCE OF TPF OR BY THE NEGLIGENCE OF ITS RESPECTIVE LICENSORS OR SERVICE PROVIDERS, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

Refund Policy

Due to IRS regulations regarding deduction of charitable contributions, we have a No Refund or Return Policy for donations, and the gift shall be considered final when made.  In the case of a refund regarding event registrations, please contact our offices at 214-522-3155 or 6100 Colwell Blvd., Suite 250, Irving, TX 75039.

Protecting Information

The Website has reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control. However, complete confidentiality and security is not yet possible over the Internet. TPF assumes no liability for any damages you may suffer as a result of interception, alteration or misuse of any information transmitted over the Internet.

Violations of Terms of Use

TPF reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block or restrict access from a particular Internet address to the Website.

Indemnification

You agree to indemnify, defend, and hold TPF, and its respective shareholders, members, partners, directors, managers, officers, employees, agents, information providers, suppliers, and attorneys, harmless from any and all liabilities, losses, claims, and expenses, including, but not limited to, all legal fees and costs arising from or relating to (a) your failure to comply with any of these Terms of Use; and (b) your use of the Website. TPF has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the Website.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use or your use of the Website reside in the courts located in the State of Texas. You further expressly agree to submit to the personal jurisdiction of the courts located in Dallas County, Texas, for the purpose of litigating any such claim or action.

Miscellaneous

This Section, and the provisions of these Terms of Use addressing disclaimers of representations and warranties, indemnity obligations, intellectual property and governing law, shall survive the termination of these Terms of Use.

These Terms of Use and the Privacy Policy contained on this website, constitute the entire agreement between the TPF and you with respect to your use of the Website, and supersede all previous written or oral agreements. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS HEREIN.