Updated: May 28, 2009
Welcome to the Web site of the Kettering Foundation, located at www.kettering.org ("Web site") owned and operated by the Kettering Foundation ("we" and "us").
2. Trademarks. All trademarks, service marks and trade names of the Kettering Foundation used herein (including, but not limited to, the Kettering Foundation name and the Kettering Foundation logo) (collectively "Marks") are trademarks or registered trademarks of the Kettering Foundation or its partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Kettering Foundation trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Web site, without the Kettering Foundation's prior written consent. The use of the Kettering Foundation trademarks on any other Web site or network computer environment is not allowed. The Kettering Foundation prohibits the use of the Kettering Foundation trademarks as a "hot" link on or to any other Web site unless establishment of such a link is approved in advance.
Furthermore, you agree not use this site to transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right or publicity right of any person or entity.
3. Framing this Web site. Running or displaying this Web site or any information or material displayed on this Web site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web site must comply with all applicable laws, rule and regulations.
4. Third-Party Links. From time to time, this Web site may contain links to Web sites that are not owned, operated or controlled by the Kettering Foundation. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web site. We are not responsible for any content, materials or other information located on or accessible from any other Web site, nor any products or services that you buy from that Web site or any donations made through that Web site. We do not endorse, guarantee or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the products or services that you may obtain from using any other Web sites or how any donations you make through such Web sites will be used. If you decide to access any other Web sites linked to or from this Web site, you do so entirely at your own risk.
5. Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Web site. In consideration of your use of the Web site, you will: (a) provide true, accurate, current and complete information about yourself the Kettering Foundation's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Kettering Foundation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Kettering Foundation has the right to suspend or terminate your account and refuse any and all current or future use of the Web site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and the intended use of the Web site. We have the right to provide account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account, so you should take reasonable steps to protect this information.
You agree not to transmit any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful, racially, ethnically or otherwise offensive. You also agree not to impersonate another person or entity, including without limitation, a representative of Kettering Foundation or its officers, directors, employees or agents, falsely represent or misrepresent your affiliation with another person or entity, or manipulate identifiers that would disguise the origin of any content transmitted through the site or Services.
6. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Web site for any purpose without our express written permission. 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 Web site or any activities conducted on the site; or (c) bypass any measures we may use to prevent or restrict access to the Web site.
You agree not to: transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities. Submit, upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.
7. DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. THE KETTERING FOUNDATION, ATTEMPTS TO UPDATE ITS INFORMATION, HOWEVER, DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND THE KETTERING FOUNDATION DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION OR MATERIALS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
8. LIMITATIONS OF LIABILITY. The Kettering Foundation does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this Web site, or your downloading of any information or materials from this Web site. We do not guarantee continuous, uninterrupted or secure access to our Web site and operation of the Web site may be interfered with by numerous factors outside of our control. IN NO EVENT WILL THE KETTERING FOUNDATION, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE KETTERING FOUNDATION SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN NO EVENT SHALL THE KETTERING FOUNDATION'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY-FIVE DOLLARS ($25.00).
10. Release. In the event that you have a dispute with one or more other users of the Web site, you release the Kettering Foundation (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.