Last Updated: February 2025
Introduction
The following Terms and Conditions of Use (the “Terms and Conditions”) apply to (1) Austin Community Foundation’s website located at www.austincf.org (the “website“) and (2) any other websites, applications, blogs, online communities, social media platforms, or other services that Austin Community Foundation (the “Foundation,” “we,” or “us“) may provide from time to time, whether on the website or otherwise (collectively, the “Sites”) that link to these Terms and Conditions. Your use of the Sites also is subject to any additional terms and conditions of use that may be specified with respect to the Site at issue.
By using the Sites, you acknowledge that you have read and are legally bound by these terms and conditions, which expressly incorporate by reference the Foundation’s Privacy Policy. If you do not agree to these terms and conditions, please do not use the Sites and exit immediately. We reserve the right to modify or amend these terms and conditions from time to time without prior notice. Your continued use of the Sites following the posting of changes to these terms and conditions will mean you accept those changes.
If you accept or agree to the Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and Conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Compliance with law
Users of the Sites shall abide by all applicable international, federal, state and local laws, including, but not limited to, those pertaining to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, and copyright and trademark infringement.
Disclaimer of warranties and limitation of liability
The Content (as defined below) provided on the Sites is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Sites and the Content are provided on an “as is” and “as available” basis, and neither the Foundation nor the Foundation’s suppliers make any warranties with respect to the same or otherwise in connection with these Terms and Conditions, and the Foundation hereby disclaims any and all express, implied, or statutory warranties, including, without limitation, any warranties of non-infringement, merchantability, fitness for a particular purpose, availability, error-free or uninterrupted operation, and any warranties arising from a course of dealing, course of performance, or usage of trade.
The Foundation does not warrant that the Sites or the server(s) that make the Sites available are free of viruses or other harmful components.
The Sites are not intended to provide, nor should anyone consider that the Sites provide medical, legal, accounting, tax or other advice. In addition, the Foundation is not endorsing or recommending the use of the means or methods contained on or through the Sites for any special or particular purpose.
In no event will the Foundation, its officers, directors, employees, or representatives be liable to you or any third party for any indirect, consequential, incidental or exemplary losses or damages, arising from or in connection with your use of the Sites. In no event will such parties be liable for any direct damages arising from or in connection with your use of the Sites, except to the extent arising out of the Foundation’s gross negligence or willful misconduct.
Intellectual property
The Sites, and all materials, content, and services provided through the Sites, including all trademark, copyright and other intellectual property rights, are the property of, or licensed to, Austin Community Foundation. Except as necessary for your personal use of the Sites or an Authorized Use, you may not copy, modify, transmit, broadcast, repost, publicly display, frame, deep link or otherwise distribute the Foundation’s Content in any way or on any other website. You may download and retain information from your Account for your personal records.
You may not use the Foundation’s name, logo, trademarks, service marks, designs or slogans without our express prior written permission.
You will not access any Content from the Sites through any technology or means other than the pages of the Sites, or such other explicitly authorized means as the Foundation may designate.
Member account, password and security
Some of the Sites may require that you create an account with a username and a password before using the Sites. You are responsible for maintaining the confidentiality of any password, account, and information displayed in the account profile. You are fully responsible for all activities that occur using your password or account.
You agree to immediately notify the Foundation of any unauthorized use of your password or account, or any other breach of security related to the Sites of which you are aware. We reserve the right to terminate your account at any time in our sole discretion, including for any violation of these Terms and Conditions.
Unlawful or prohibited use
You may not use the Sites for any purpose that is prohibited by these Terms and Conditions or is otherwise prohibited under applicable law. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not attempt to gain unauthorized access to any Sites.
Access and interference
The Foundation is not responsible for interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
You agree that you will not use any bot, crawler, harvester, indexer, robot, spider, scraper or any other automated means to access, compile, read or gather content from the Sites automatically.
Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the website or any activities conducted on the Sites; or (c) bypass any measures we may use to prevent or restrict access to the Sites.
Indemnification
You agree to indemnify, defend and hold harmless the Foundation and its Representatives from and against any and all losses, damages, liabilities and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: your use of the Sites, your User Generated Content, any assistance or services provided by us or its Representatives to you, any alleged unauthorized use of the Sites by you, your negligence, gross negligence, willful misconduct, fraud, misrepresentation or violation of law; your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right or any breach or alleged breach by you of these Terms and Conditions.
You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to these Terms and Conditions.
Applicable law and jurisdiction
Unless otherwise noted, the Sites are controlled and operated from the Foundation’s offices in the State of Texas. By accessing the Sites, you agree to be bound by the terms and conditions of this agreement which is governed by and construed in accordance with the laws of the State of Texas, without giving effect to any conflict of laws principles.