The Advise Us Fund® Copyright and Liability Statement
© Copyright 2014 The Advise Us Fund
Permission to use, copy and distribute images and information from this World Wide Web site (hereafter “website”) will only be granted with specific written permission of The Advise Us Fund. However, written permission is hereby granted for the use of The Advise Us Fund logo for the specific purpose of “linking” from another website to www.AdviseUs.org. All other rights reserved.
The information on this website is general and educational. It is not intended nor should it be construed as legal or financial advice. Individuals should consult with their own advisor about charitable giving arrangements The Advise Us Fund may describe. Information on the website, including descriptions, references and hyperlinks to third party websites, products, services and opinions does not imply endorsement by The Advise Us Fund, nor does it necessarily represent the views or opinions of The Advise Us Fund. All information and materials on The Advise Us Fund website are provided “as is” without express or implied warranty. The Advise Us Fund disclaims all warranties with regard to this information, including all implied warranties of merchantability and fitness. The Advise Us Fund shall not be liable to any party for any special, indirect or consequential damages that arises in any form from the use of this website.
Fund (“AUF”) and the individual who is using the AUF Website (“you”). This Agreement is
effective as of the date you first access the AUF Website (the “Effective Date”).
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING THE AUF WEBSITE
AS IT IMPOSES LEGAL OBLIGATIONS ON YOU AND ON AUF. BY USING THE AUF
WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
PLEASE DO NOT ACCESS THE AUF WEBSITE.
1. Your Agreement. This Agreement governs your use of the AUF Website, and your
participation in our charitable services (as defined below). By using the AUF Website,
you are acknowledging that you have read and understood this Agreement and agree to
be legally bound by it.
During the registration process for using the AUF Website (and from time to time as we
may require), you may be required to click a “checkbox” or “I Accept” button confirming
that you have had an opportunity to review this Agreement, and that you agree to its
terms. Clicking this checkbox/button further confirms your agreement to be legally
2. Our Services: Overview. The AUF Website is designed to educate donors about
planned and donor advised giving and brings these techniques to grass roots charities
(“AUF Charitable Services”). The AUF Website educates donors about the power of
planned and donor advised giving and provides information about current and emerging
trends in charitable giving.
3. AUF Intellectual Property; Reservation of Rights. AUF and/or its licensors hold
intellectual property rights with respect to the AUF Website that powers the AUF
Charitable Services. By way of clarifying example, and not by way of limitation, the (i) all
AUF logos, tag lines, trademarks, and other indications of source and quality (whether
registered or protected under the so-called “common law”) (collectively, “Trademarks”)
are the intellectual property of AUF; (ii) Trademarks of other persons that appear on the
AUF Website are the intellectual property of their respective owners; and (iii) all content
available on or through the AUF Website including all information, artwork, text, video,
audio, pictures, or other intellectual property found on the AUF Website, or embodied in
the AUF Charitable Services, is the sole property of AUF and its licensors (or used under
“fair use” principles”) (items (i) – (iii) are collectively referred to as “AUF IP”). AUF and
its licensors retain all rights with respect to the AUF Charitable Services and the AUF IP
except those expressly granted to you in this Agreement. You agree not to duplicate,
publish, display, distribute, modify, or create derivative works from the material on the
4. Code of Conduct. As a condition to your use of the AUF Website and the AUF
Charitable Services you agree to follow our Code of Conduct, set out below. Under this
Code, you will not:
• Access the AUF Website and AUF Charitable Services to develop or implement
a product or service that will act as a substitute for or otherwise compete with the
AUF Website or AUF Charitable Services.
• Transmit materials that contain any viruses, Trojan horses, worms, time bombs,
cancelbots, or other computer-programming routines that are intended to
damage, detrimentally interfere with, surreptitiously intercept, or expropriate any
system, data, or personal information.
• Use the AUF Website to artificially generate traffic or page links to another
website or for any other purpose not expressly allowed under this Agreement.
• Use the AUF Website in a manner that could disable, overburden, or impair the
AUF Website or interfere with any other party’s use and enjoyment of the AUF
Website, such as through sending “spam” email.
• Seek to obtain access to any materials or information through “hacking,” “data
harvesting,” or through other means we have not intentionally made available to
you through the AUF Website.
• Use the AUF Website for any purpose that is unlawful or prohibited by this
Agreement. For example, you will not use the AUF Website or AUF Charitable
Services to violate any law, statute, or regulation (including, without limitation,
those governing export control, consumer protection, unfair competition, antidiscrimination,
or false advertising).
5. Monitoring of Interactive Services; Removing Postings
5.1 Notice. We expect each user of our AUF Website to act responsibly and to
respect the rights of others. We seek to protect the integrity and security of our
computing systems, and the right to protect our community of AUF users from
claims or threats, such as those detailed in our Code of Conduct. Toward these
ends, we reserve the right in our discretion (i) to monitor your use of the AUF
Website, (ii) to restrict or foreclose access from certain Internet sites or other
resources, and (iii) to take other actions we deem necessary to protect our
community of users and our resources. Due to this monitoring, you cannot
expect that communications through our AUF Website will remain “private” or
statement concerning your expectations of privacy.
5.2 Reports and Complaints. If you believe that an AUF user has acted
inappropriately, such as by violating our Code of Conduct, you may report your
concerns either via the links we have included on the AUF Website, or by
contacting us in accordance with Section 15 (Contact Us).
5.3 Revocation or Suspension of Use Privileges. We reserve the right –with or
without notice to you – to terminate or suspend your access to some or all of the
AUF Website or Charitable Services if you engage in activities that we conclude,
in our discretion, breach our Code of Conduct. You should also understand that
our Code of Conduct is based in many instances on principles of state and
federal law. Users who violate our Code of Conduct accordingly may be
exposed under these state and federal laws to criminal charges, and civil liability
to harmed parties for compensatory damages, attorney’s fees, and other
6. Content Take Down Requests for Alleged Copyright Infringement. AUF respects
the intellectual property rights of others. If you believe that any activity taking place on
the AUF Website constitutes infringement of a work protected by copyright, please notify
AUF by contacting us in accordance with Section 15 (Contact Us).
7. Warranty Disclaimer. AUF does not promise that the AUF Website will be error-free or
uninterrupted. The AUF Website and all the AUF Charitable Services are delivered on
an “AS IS” and “AS AVAILABLE” basis. AUF does not warrant or represent that
materials you download from the AUF Website will be free of viruses or other harmful
AUF DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING; (ii) ANY
RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT,
COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE ON THE AUF
WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING
FROM DOWNLOADING OR ACCESSING INFORMATION ON THE AUF WEBSITE,
INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES.
YOU EXPRESSLY AGREE THAT USE OF THE AUF WEBSITE AND RELATED AUF
CHARITABLE SERVICES IS AT YOUR SOLE RISK.
8. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT
LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL AUF BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT
ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE AUF WEBSITE OR AUF
You agree that injunctive relief shall provide you with a good and sufficient remedy for
any complaints against AUF arising out of the AUF Charitable Services, and agree that
you will not subsequently claim that such remedy or the remedy and damages limitations
provisions of this Agreement has “failed of its essential purpose.”
AUF users may decide to engage in offline activities together, perhaps due to the
relationships they have developed online. You agree to release and hold AUF harmless
from any and all losses, damages, rights, claims, and actions of any kind, either directly
or indirectly, related to or arising from you participation in any such offline activities.
9. Indemnity. You agree to defend, indemnify, and hold AUF and its subsidiaries,
affiliates, officers, directors, agents, and employees harmless from any liability to third
parties, including reasonable attorneys’ fees, arising from or related to your breach of
10. Notification of Changes. AUF will provide notification to you through the AUF Website
if a change in the AUF Charitable Services has occurred, including but not limited to (i)
changes to the terms of this Agreement, or (ii) changes to the AUF Charitable Services
such as new or discontinued features. Any changes to this Agreement will not be
retroactive, and you will be prompted to review and accept the revised terms before you
can continue to use the AUF Website.
11. General. This Agreement shall be governed in all respects by the laws of Illinois without
giving effect to its conflicts of law provisions. Both parties submit to the personal
jurisdiction of and venue in the state and federal courts in the State of Illinois. The
parties further agree that any cause of action arising under this Agreement or our
Agreement is held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Headings are for reference purposes only and in
no way define, limit, construe, or describe the scope or extent of such section. AUF’s
failure to act with respect to a breach by you or others does not waive its right to act with
respect to subsequent or similar breaches. This Agreement and the terms and
conditions contained herein set forth the entire understanding and agreement between
AUF and you with respect to the subject matter hereof and supersede any prior or
contemporaneous understanding, whether written or oral.
12. Duration of Rights. You will continue to enjoy your rights and to owe obligations under
this Agreement until you no longer use the AUF Website, and you cease to use the AUF
13. Duration of Terms; Survival
The following provisions shall survive the termination of these Terms and shall apply
Section 3 (AUF Intellectual Property; Reservation of Rights)
Section 7 (Warranty Disclaimer)
Section 8 (Limitation of Liability)
Section 9 (Indemnity)
Section 11 (General)
Section 13 (Survival)
15. Contact Us. If you have any questions about this Agreement, or your dealings with
AUF, please contact us at: firstname.lastname@example.org