Terms of Use
TERMS OF USE (WEBSITE)
Last Updated / Effective Date: December 8, 2023
The following Terms of Use (“Terms”) are entered into by and between website visitors, guests, and donors (“you”, “your”, or “User”) and the Parsemus Foundation. (“Parsemus Foundation” “we” or “us”) and govern your use of the website www.parsemus.org and any subdomains, including all materials, resources, information, and services on the Website (“Website”).
Acceptance of Terms
By visiting the Website you accept and agree to follow and be bound by these Terms (whether on behalf of yourself as an individual or a legal entity that you represent). Users who do not agree with these Terms are strictly prohibited from accessing the Website and any services provided by the Parsemus Foundation.
Incorporated by Reference
Your use of the Website is subject to the Parsemus Foundtations’s Privacy Policy and Cookies Policy. Please review our Privacy Policy and Cookies Policy, which also governs the Website and informs Users of our data collection practices. By agreeing to these Terms, you certify that you have also read and agree to the Parsemus Foundation Privacy Policy and Cookies Policy.
All Parsemus Foundation blogs, social media, and other online materials, resources, information, purchases, and services (“Content”) you receive from us are hereby incorporated into these Terms. By using any of the services above, you acknowledge that you are bound by these Terms.
No Professional Advice
The Parsemus Foundation does not provide medical, legal, accounting, tax, financial, or other professional advice of any kind (“Professional Advice”). Any information provided on this Website should not be considered Professional Advice. Purchases made from the Website are for informational and educational purposes only and similarly, are not to be considered Professional Advice. If you are in need of Professional Advice, we highly suggest you seek independent medical, legal, accounting, tax, and financial advice from licensed professionals in your jurisdiction.
Confidentiality
Unless agreed upon in advance, in writing, inquiries and information we receive from you will not be regarded as confidential unless otherwise required by law or regulation.
User Data
You are responsible for any information and/or data you share on the Website. You authorize us to access, process, and use your data to contact you and in accordance with the Parsemus Foundation Privacy Policy.
Electronic Communication
You agree to receive email communications from us. The Parsemus Foundation is not responsible for the confidentiality of emails you receive or send.
Links to Third Party Sites / Third Party Services
Certain services made available via the Website are delivered by third-party sites, services, and organizations. When interacting with the Website, you acknowledge and consent that the Parsemus Foundation may share such information with the applicable third-party in accordance with all applicable laws.
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Parsemus Foundation and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Parsemus Foundation of the Linked Site or any association with its operators.
No Unlawful or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms. As a condition of your use of the Website, you warrant to the Parsemus Foundation that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
Intellectual Property
All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Parsemus Foundation or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Our content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use, and will make no other use of the content without the express written permission of the Parsemus Foundation and/or the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Parsemus Foundation or our licensors except as expressly authorized by these Terms.
We take intellectual property rights seriously. If you believe our Website is infringing on Your intellectual property, please contact us immediately at info@parsemusfoundation.org.
International Users
The Website is controlled, operated and administered by the Parsemus Foundation from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless the Paremus Foundation, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Website, Your violation of these Terms, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Parsemus Foundation in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Website.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.
THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL’S CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Further, unless both you and the Parsemus Foundation agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE PARSEMUS FOUNDATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
THE PARSEMUS FOUNDATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION AND SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
THE PARSEMUS FOUNDATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PARSEMUS FOUNDATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PARSEMUS FOUNDATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Termination
We reserve the right, in our sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.
Access Restrictions
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Parsemus Foundation as a result of these Terms or use of the Website. The Parsemus Foundation’s performance of these Terms is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Parsemus Foundation’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
Privacy Protection for Children
This website is designed for persons aged 13 or older. In compliance with the Children’s Online Privacy Protection Act (5 U.S.C. 6501-6505), the Parsemus Foundation shall not knowingly permit persons under the age of 13 to provide personal information to the Parsemus Foundation. If the Parsemus Foundation learns that any User is under the age of 13, or has reason to believe a User is under the age of 13, we shall take appropriate steps to remove that User’s information from our systems.
Headings
The sections in these Terms are included for your convenience and are not to affect the interpretation of these Terms.
Severability
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Entire Agreement
Unless otherwise specified herein, these Terms in partnership with our Privacy Policy and Cookie Policy, include the entire agreement between the User and the Parsemus Foundation with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Parsemus Foundation with respect to the Website.
Changes to Terms
The Parsemus Foundation reserves the right, in our sole discretion, to change these Terms at any time, for any reason. The most current version of these Terms will supersede all previous versions. We encourage you to periodically review these Terms to stay informed of our updates.
Contact Us
We welcome your questions or comments regarding the Terms:
Write: 2261 Market St. #24, San Francisco, CA 94114, USA
