Terms & Conditions

Introduction

These terms and conditions govern your use of Philanthropy Missouri (PhilMO)’s website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to PhilMO's use of cookies in accordance with the terms of our privacy policy.

License to use website

Unless otherwise stated, PhilMO and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms & conditions.

You must not:

  • Republish material from this website (including republication on another website);
  • Sell, rent, or sub-license material from the website;
  • Show any material from the website in public;
  • Reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose;
  • Edit or otherwise modify any material on the website; or
  • Redistribute material from this website, except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without PhilMO’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without PhilMO's express written consent.

Restricted access

Access to certain areas of this website is restricted. PhilMO reserves the right to restrict access to areas of this website, or indeed this entire website, at its discretion.

If PhilMO provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

You may disable your user ID and password in its sole discretion without notice or explanation.

Account content

In these terms and conditions, “your account content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose.

You grant to PhilMO a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to PhilMO the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your account content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or PhilMO or a third party (in each case under any applicable law).

You must not submit any account content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

PhilMO reserves the right to edit or remove any material submitted to this website, or stored on PhilMO servers, or hosted or published upon this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. PhilMO makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, PhilMO does not warrant that:

  • This website will be constantly available, or available at all; or
  • The information on this website is complete, true, accurate, or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

PhilMO will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • For any indirect, special, or consequential loss; or
  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if PhilMO has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit PhilMO’s liability in respect of any:

  • Death or personal injury caused by PhilMO ‘s negligence;
  • Fraud or fraudulent misrepresentation on the part of PhilMO; or
  • Matter which it would be illegal or unlawful for PhilMO to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify PhilMO and undertake to keep PhilMO against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by PhilMO to a third party in settlement of a claim or dispute on the advice of PhilMO’s legal advisers) incurred or suffered by PhilMO arising out of any breach by you of any provision of these terms & conditions.

Breaches of these terms and conditions

Without prejudice to PhilMO’s other rights under these terms & conditions, if you breach these terms and conditions in any way, PhilMO may take such action as PhilMO deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, and/or bringing court proceedings against you.

Variation

PhilMO may revise these terms & conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.

Last revised 3.24.21.