Terms and Conditions
I. General
1. By using any of the Wisdom Foundation products, software, or services available at WisdomFoundation.net and fixNOLA.net, which are collectively referred to as "Services" provided by the Wisdom Foundation, you agree to be bound by the following terms and conditions ("Terms of Service").
2. The Wisdom Foundation reserves the right to update and change the Terms of Service at any time without notice. You can review the most current version of the Terms of Service at: http://fixNOLA.net/terms
3. The failure of Wisdom Foundation to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
4. You agree that Wisdom Foundation or its licensors own all legal rights in the Service. You must not remove, modify or obscure any legal notices. You are not entitled to use Wisdom Foundation’s trademarks (especially Wisdom Foundation and fixNOLA), trade names, brands, domain names, or other distinctive brand features without written permission.
5. Violation of any of the terms herein may result in the termination of your account or access to the Services. Violation of any of the terms will also terminate your usage rights of the Services at the sole discretion of Wisdom Foundation.
6. If a provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (i) the validity or enforceability in that jurisdiction of any other provision of this agreement; or (ii) the validity or enforceability in other jurisdictions of that or any other provision of this agreement.
7. These Terms of Service constitute the entire agreement between you and the Wisdom Foundation. This agreement replaces all previous agreements under this title. There are no verbal subsidiary agreements.
8. These Terms of Service, and your relationship with the Wisdom Foundation under these Terms of Service, shall be governed by the laws of the United States. You and Wisdom Foundation agree to submit to the exclusive jurisdiction of the courts located in New Orleans, Louisiana, to resolve any legal matter arising from the Terms of Service.
9. The Services may contain information, text, links, graphics, photos, videos, audio, streams, software, tools, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content. By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights. You retain any ownership rights you have in Your Content, but you grant the Wisdom Foundation the following license to use that Content: When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with the Wisdom Foundation. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content. Any ideas, suggestions, and feedback about the Wisdom Foundation, fixNOLA, or our Services that you provide to us are entirely voluntary, and you agree that the Wisdom Foundation may use such ideas, suggestions, and feedback without compensation or obligation to you. Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms or if you otherwise create or are likely to create liability for us.
II. Provision of the Services by the Wisdom Foundation
1. Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis.
2. The Wisdom Foundation does not warrant that (i) the Services will meet your requirements or expectations, (ii) the Services will be delivered uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) any errors in the Services will be corrected.
3. You understand and agree that the Wisdom Foundation shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or Services, or other intangible loss, resulting from: (i) the use or the inability to use the Services; (ii) any changes which the Wisdom Foundation may make to the Services, or any permanent or temporary cessation in the provision of the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the use of the Services; (v) or any other matter relating to the Services.
4. The Service may contain (without limitation) information, materials, data, text, software, music, sound, photographs, graphics, video, messages, instructional documents and any other materials (collectively, the “Content”).
5. Technical support is provided on a reasonable-effort basis and only by the means provided on the Wisdom Foundation.net website.
6. You understand that the Wisdom Foundation can use third parties (e.g., hosting partners) to provide the necessary resources (e.g., hardware, software, networking, storage, etc.) to run the Services.
7. Wisdom Foundation may stop, remove, modify, or add (permanently or temporarily) Services (or features within Services) at the Wisdom Foundation’s sole discretion. Any new, changed, or removed features are subject to the Terms of Service. Continued use of the Services after any such changes constitute your consent to the changes.
III. Use of the Services by you
1. You agree to use the Services only for purposes that are permitted by (i) the Terms of Service and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
2. For certain services, the Wisdom Foundation may offer or require you to register for an account. You ensure that all registration information you provide will always be valid, correct, and up to date. You are responsible for maintaining the security of your account and password. Accounts registered by bots or other automated methods are not permitted.
3. For certain services, the Wisdom Foundation may offer to upload your personal profile photo. You are responsible to not upload an abusive photo, to not infringe on any copyrights or trademarks, and to not use a design which other Wisdom Foundation users may deem offensive.
4. For certain services, the Wisdom Foundation may offer to define a personal URL (web address). You understand that Wisdom Foundation can rename or reject your personal URL, e.g., if you intentionally or unintentionally interfere with a trademark owner or because your personal URL is deemed offensive.
5. You agree that you will not impersonate another person.
6. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
7. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose without the express written permission by the Wisdom Foundation.
8. You agree that you are solely responsible for (and that the Wisdom Foundation has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which the Wisdom Foundation may suffer) of any such breach.
9. You agree to the Wisdom Foundation’s privacy policy, as available at http://fixnola.net/policy
10. The Wisdom Foundation reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content or account from any of the Services at Wisdom Foundation’s sole discretion. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
IV. Eligibility
The Services are only available to users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent and warrant that (a) you are at least 18 years of age, or over the age of majority in the state or country where you are a resident or citizen, and (b) if you are using the Services on behalf of an entity, you are authorized to accept these Terms on that entity’s behalf.
V. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, CONTENT, SUBMISSION COMMENTS, AND USER CONTRIBUTIONS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. THE WISDOM FOUNDATION DOES NOT WARRANT THAT THE SERVICES, CONTENT, SUBMISSION COMMENTS, OR USER CONTRIBUTIONS CONTAIN ACCURATE INFORMATION OR WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION. THE WISDOM FOUNDATION, WISDOM FOUNDATION THIRD PARTIES, AND THEIR SELLERS AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE. IN PARTICULAR, TO THE EXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED, THOSE TERMS ARE DEEMED INCORPORATED INTO THIS DOCUMENT BUT THE WISDOM FOUNDATION AND ANY WISDOM FOUNDATION THIRD PARTY’S LIABILITY FOR A BREACH OF THOSE STATUTORY IMPLIED TERMS IS LIMITED IN ACCORDANCE WITH SECTIONS VI (DISCLAIMER OF CERTAIN DAMAGES) AND VII (LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES) TO THE EXTENT PERMISSIBLE UNDER THAT LEGISLATION.
VI. Disclaimer of Certain Damages
IN NO EVENT WILL THE WISDOM FOUNDATION OR WISDOM FOUNDATION THIRD PARTIES BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THE SERVICES, THE CONTENT, SUBMISSION COMMENTS, OR THESE TERMS, EVEN IF THE WISDOM FOUNDATION OR WISDOM FOUNDATION THIRD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VII. Limitation of Liability and Exclusive Remedies
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS V (DISCLAIMER OF WARRANTIES) OR VI (DISCLAIMER OF CERTAIN DAMAGES) THE WISDOM FOUNDATION AND WISDOM FOUNDATION THIRD PARTIES’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THE SERVICES, THE CONTENT, USER CONTRIBUTIONS, SUBMISSION COMMENTS, OR THESE TERMS WILL BE AT OUR OPTION: (A) SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE CONTENT, SERVICES, OR SUBMISSION COMMENTS CAUSING YOUR DAMAGE (IF ANY); OR (B) THE AMOUNT OF YOUR DAMAGES THAT ARE NOT EXCLUDED AND WHICH YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT WILL BE THE LESSER OF THE AMOUNT YOU ACTUALLY PAID US FOR THE ITEM OR SERVICE CAUSING THE DAMAGE (IF ANY) OR THE AMOUNT OF SAID DAMAGES SO INCURRED. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER THESE TERMS OR RELATED TO THE CONTENT, SERVICES, USER CONTRIBUTIONS, OR SUBMISSION COMMENTS WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
VIII. Important Notice Regarding Limitations
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN DAMAGES SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THESE TERMS WILL BE INTERPRETED AS EXCLUDING LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
IX. Independent Remedies
The exclusion of damages under Section VI (Disclaimer of Certain Damages) is independent of your exclusive remedy in Section VII (Limitation of Liability and Exclusive Remedies) and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections VI and VII apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
X. Indemnification
To the maximum extent allowed by applicable law, you agree to defend, indemnify, and hold harmless the Wisdom Foundation, Wisdom Foundation Third Parties, its officers, employees, agents, partners, suppliers, affiliates, and licensors (“Indemnified Parties”), from and against all claims, suits, proceedings, losses, liabilities, and expenses, including attorneys’ fees and costs, whether in tort, contract or otherwise (“Claims”), relating to, arising from, or allegedly arising from (a) your use of the Services, the content, and/or any products or services provided by the Wisdom Foundation or Wisdom Foundation Third Parties; (b) activities occurring under your Account; (c) any violation of these Terms; (d) User Contributions, Feedback, or Submissions; and violation of any other party’s rights or applicable law. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent in a non-electronic record. Your obligation to defend, indemnify, and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable national federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of national federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to these Terms.
XI. Termination
We may deny or suspend access or terminate your use of the Services in our sole and absolute discretion at any time and without prior notice. We may suspend or terminate the Services and terminate these terms, in our sole and absolute discretion at any time and without prior notice and take whatever action we deem necessary to preserve the integrity of the Services and Content. Termination will not limit any of the Wisdom Foundation’s rights or remedies. Privacy Policy, V (Disclaimer of Warranties), VI (Disclaimer of Certain Damages), VII (Limitation of Liability and Exclusive Remedies), VIII (Important Notice Regarding Limitations), IX (Independent Remedies), X (Indemnification), Governing Law and Exclusive Jurisdiction; Dispute Resolution), XI (Termination) will survive termination. The foregoing does not impair the enforceability of additional agreements you enter into with us, such as an agreement for a grant.