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Philanthropy Disclosures

Disclaimer of Content
Information published on this https://charleskcarillo.com; denoted to as “Website” or “Web Site”; is provided for general informational purposes only. This information is not intended to aid donors in their giving decisions or to inform the public about issues affecting the non-profit sector. It should not be construed, as a replacement for professional legal, tax, accounting, or other professional advice.

Reasonable efforts are made to ensure that the information contained on Website and in its publications is as accurate as possible. However, some information may be historical or archived. Additionally, omissions and errors may occur due to technological limitations or for other reasons. Website expressly disclaims all liability for the consequences to any person related to any act or omission committed based upon the reliance, in whole or in part, on any of the contents of the Web Site or other published materials.

Intellectual Property Rights, Limited License
Except as otherwise indicated in these Terms of Use or on the Site, you may access, view, retrieve, store, download, and print information on this site for your individual use, subject to the following conditions: (i) information may not be altered or modified in any way; (ii) information is solely for individual use and cannot be used for commercial purposes; (iii) copyrights and other proprietary notices cannot be removed from the information; (iv) use of the information constitutes a license and not a transfer of title; (v) Website reserves the right to revoke the license to access, view, retrieve, store, download, and print information from its Site at any time, for any reason, at its sole discretion; (vi) users may not adapt or copy the programming code that is used to generate pages on the Web Site; (vii) no intellectual property rights owned by Website are being licensed beyond the limited license to access, view, retrieve, store, download, and print information on the Site for individual use; (viii) the use of the design or layout of the Web Site is not covered by the limited license to access, view, retrieve, store, download, and print information on the Site for individual use; (ix) users may not reproduce, modify, publicly perform, or otherwise use the content on the Web Site in any way not expressly authorized in these Terms of Use.

Disclaimer of Warranties
The Web Site is provided on an “as is” and “as available” basis. Website makes no guarantee of the accuracy, timeliness, completeness, or results obtained from use of information on its Site.  Website hereby disclaims all warranties of any kind, express or implied, including, but not limited to, warranties of performance, merchantability, non-infringement, or fitness for a particular purpose. Use of the Web Site is at your own risk. Neither Website, nor any of its officers, directors, employees, contractors, vendors, or agents, shall be liable for any damages of any kind related to your use of the Web Site.

Website makes no warranty that the Web Site will be error free or that access thereto will be continuous or uninterrupted. Website is not responsible for technical, software, or hardware failures of any kind, lost or unavailable network connections, or garbled, delayed, or incomplete computer transmissions. Changes may be made to the content of the Site, or the services provided on the Site, at any time without notice. In addition, it is up to users of the Site to take precautions to ensure that the information they access and use from this Site is free from such items as viruses, worms, Trojan horses, and other items of a destructive nature.

Limitation of Liability
Website assumes no liability with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute services; (iii) interruption of use or loss or corruption of data. Website shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification
You agree, to the fullest extent allowed by applicable law, to indemnify and hold harmless Website and its officers, directors, employees, contractors, vendors, and agents from and against any and all fees and expenses that may arise from any claims, liabilities, causes of action, obligations, losses, damages, penalties, judgments, taxes, expenses, suits, and actions, including and without limitation to reasonable attorney’s fees (whether incurred at trial or on appeal, with or without litigation) and any other costs of any kind, which may be incurred by, imposed upon, or asserted against Website, in any way relating to or arising out of use of this Site, including but not limited to your violation of the Terms of Use. You expressly waive and release any and all claims and causes of action that you may at any time have against any officers, directors, employees, contractors, vendors, or agents of Website. Such individuals may not at any time incur any liability to you in connection with any of the indemnified liabilities.

Severability Clause
In the event any provision contained in these Terms of Use is found by any competent authority or court to be invalid, unenforceable, or unlawful in any jurisdiction, such a finding shall not affect the lawfulness, enforceability, or validity of the remainder of these Terms of Use in that jurisdiction, nor shall it affect the lawfulness, validity, or enforceability of these Terms of Use in any other jurisdiction.

Revisions
Website reserves the right, at its sole discretion, and without notice, to modify or replace any part of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes, which will be noted in a “Change Log” included in this document.

No Warranties; Limitations of Liability

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, CONTENT (INCLUDING, WITHOUT LIMITATION, ANY REVIEWS, RATINGS, OR FINANCIAL DATA), OR USER CONTENT. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE CONTENT, THE SERVICES, AND USER CONTENT AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES, ITS SERVERS, ITS CONTENT, OR USER CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF CONTENT, USER CONTENT, OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE CONTENT, THE USER CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE, INABILITY TO USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF ANY CONTENT, USER CONTENT, OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OTHER ERRORS LISTED ON THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE

External Sites

The Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

Representations; Warranties; and Indemnification 

(a)        You hereby represent, warrant, and covenant that:

  • You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Content and any other works that you incorporate into your User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
  • Use of your User Content in the manners contemplated in the Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
  • You shall not submit to the Services any User Content that violates our community guidelines set forth above.

(b)        You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assign harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of the Agreement; (ii) your access to, use, or misuse of Content, User Content, or the Services, and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

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