Terms of Use

The following terms (“Terms of Use”) apply to your access to and use of this website (the “website”), which is provided by the Rudd Foundation (the “Foundation”).  By using the website you confirm that you have read, understood and agree to both the terms and conditions of the Privacy Policy and these Terms of Use.

WARRANTIES AND LIABILITY

You have chosen to access the information on this website.  The information, materials and services provided is believed to be correct; however it may be out of date, and the Foundation does not make any commitment or assume any duty to update such information, materials or services.  Further the Foundation does not warrant that the website does not infringe on the rights of any third party or that the operation of this website will be uninterrupted, continually available or error free, and the Foundation disclaims all liability in respect thereof. 

This website is provided for information purposes only.  The information included on or available through the Foundation website may include inaccuracies or typographical errors.  Changes are periodically made to the information contained herein.  The Foundation may make improvements and/or changes to the Foundation website at any time.  Advice received via the Foundation website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

The Foundation makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information on the Foundation website for any purpose.  To the maximum extent permitted by applicable law, all such information is provided “As Is” without any warranty or condition of any kind, including warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.  Neither the Foundation nor any party involved in creating , producing or delivering this website shall be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use arising out of or in any way connected with the use or performance of the Foundation’s website, with the delay or inability to use the Foundation’s website or related services, the provision of or failure to provide services, or for any information obtained from the Foundation’s website, or otherwise arising out of the use of the Foundation’s website, whether based on contract, tort, negligence, strict liability or otherwise, even if the Foundation has been advised of the possibility of damages.  While the Foundation takes reasonable precautions to protect against the existence of computer viruses and/or other malicious programs on the website, it accepts no liability for them.  If you are dissatisfied with any portion of this website or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using this website.  If you have any specific question on which you require assistance, please contact us using the details provided under the “Contact Us” link which appears on this website.    

THIRD PARTY WEBSITES

The Foundation website may contain links to other websites (“Linked Sites”).  The Linked Sites are not under the control of the Foundation and the Foundation is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, any changes or updates to a Linked Site or any use of personal data by such Linked Site.  The Foundation is not responsible for webcasting or any other form of transmission received from any Linked Site.  The Foundation may remove any Linked Site from this website at any time.  The Foundation is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Foundation of the site or any association with it operators. 

COMMUNICATIONS

Any communication or material you transmit to the Foundation via electronic mail or otherwise is unsolicited by the Foundation and is deemed non-confidential.  By transmitting information to the Foundation, you automatically grant to the Foundation a perpetual, royalty-free, irrevocable license to use such communication or material for any purpose whatsoever; including reproduction, publication, broadcast and posting for its own benefit without compensation or acknowledgment of its source.

USE OF THIS WEBSITE

As a condition of your use of this website, you warrant to the Foundation that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use this website in any manner which could damage, disable, overburden or impair this website or interfere with any other party’s use and enjoyment of this website.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website. 

The information on this website it not intended to be published or made available to any person in any jurisdiction where doing so would result in contravention of any applicable laws or regulations. 

INTELLECTUAL PROPERTY

You acknowledge that all content and materials available on this website are protected by national and international copyrights, trademarks, service marks or other proprietary rights and laws and are owned by the Foundation or our licensors.  Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices.  You may only use this Website or its contents as expressly permitted in these Terms of Use and for no other purpose.  The Foundation, our licensors or our associates retain exclusive ownership of all data, material and other information regarding your use of this Website.  Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the website.  Copyright in the photographs, illustrations, artworks and other graphic materials related to this website are reserved to the Foundation and/or the copyright owners (licensors).  You must obtain prior permission from the copyright owner to use, download, reproduce or reprint any photograph, illustration, artwork or other graphic material, regardless of intended use of any of these materials.

Unless otherwise indicated, all logos, names and marks on the website are the trademarks or service marks of, or used under license by, the Foundation.  The use or misuse of any of these materials is strictly prohibited. 

Any use of “Rudd Foundation”, its logo, or text or graphic materials contained in this Website in any manner to express or imply endorsement, sponsorship, affiliation or association of the user with or by the Foundation is strictly prohibited.

GOVERNING LAW

You have chosen to access the information on this website, which is located on a server in the state of Kansas, USA.  Thus, all information is deemed to have been provided to you in Kansas and Kansas law shall govern the provision of this information and your use of this website.  You agree to submit to the exclusive jurisdiction of the courts of the federal and state courts located in Wichita, Kansas, in respect of any issue arising out of or in connection with these Terms of Use. 

ENTIRE AGREEMENT

These Terms of Use are the entire agreement between the user and the Foundation and supersede any prior understandings or agreements (written or oral).  If any of the terms or conditions contained herein are held to be illegal, invalid or unenforceable, all other provisions shall remain in full force and effect.

MISCELLANEIOUS LEGAL PROVISIONS

We may discontinue, restrict access to, and change the contents, operations, and features of our website at any time, for any reason, with or without notice.

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Terms of Use or your use of our website.

Nothing in this Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of our website, or information provided to or gathered by us with respect to you or such use.

Any decisions by us not to enforce any provisions of tis Terms of Use or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of this Terms of Use or to act with respect to similar breaches.

All rights not expressly granted herein are hereby reserved.