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Last Updated: April 4, 2020

These Terms of Use (“Terms”) apply to your access to and use of the website located at www.theplatefund.com (the “Site”) provided by the Schultz Family Foundation ( “SFF” or “we”). By using the Site, you agree to these Terms. If you do not agree to these Terms, do not use the Site.

We may make changes to these Terms from time to time. If we make changes, we will update the date at the top of these Terms. Unless stated otherwise, the amended Terms will be effective immediately, and your continued use of the Site will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Site.

If you have any questions about these Terms or the Site, please contact us at info@schultzfamilyfoundation.org.

1. Privacy

For information about how we collect, use, share and otherwise processinformation about you, please see our Privacy Policy.

2. Eligibility

You must be at least 18 years of age to use the Site.

3. Third-Party Services

We provide information about third-party services through the Site, and we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Services”). Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Services are solely between you and the third party. SFF does not control, and makes no representations or warranties regarding, any Third-Party Services. SFF does not guarantee that you will receive assistance by submitting an application for such assistance through the Third-Party Services.

4. Prohibited Conduct and Content

While using the Site, you agree to not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Site. In addition, you will not:

  • Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
  • Use the Site other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;
  • Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from the Site;
  • Develop or use any applications that interact with the Site without our prior written consent; or
  • Use the Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

Enforcement of this Section 4 is solely at SFF’s discretion, and failure to enforce this Section in some instances does not constitute a waiver of our right to enforce it in other instances.

5. Ownership; Limited License

The Site, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, is owned by SFF or our licensors and is protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Site for your own personal, noncommercial use. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

6. Trademarks

SFF and our logos are trademarks of SFF and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners.

7. Disclaimers

The Site and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, SFF does not represent or warrant that the Site is accurate, complete, reliable, current or error-free. While SFF attempts to make your use of the Site and any content therein safe, we cannot and do not represent or warrant that the Site or servers are free of viruses or other harmful components.

8. Limitation of Liability

To the fullest extent permitted by applicable law, SFF will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if SFF has been advised of the possibility of such damages.

The total liability of SFF to you for any claim arising out of or relating to these Terms or the Site, regardless of the form of the action, is limited to $100.00.

The limitations set forth in this Section 8 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of SFF or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

9. Governing Law and Venue

Any dispute arising from these Terms and your use of the Site will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King County, Washington.

10. Modifying and Terminating the Site

We reserve the right to modify the Site or to suspend or stop providing all or portions of the Site at any time. You also have the right to stop using the Site at any time. We are not responsible for any loss or harm related to your inability to access or use the Site.

11. Severability

If any provision or part of a provision of these Terms is determined to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

12. Miscellaneous

The failure of SFF to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.