Terms of Use

Last updated: February 15th, 2022

PLEASE READ THESE TERMS OF USE. These Terms of Use form a legally binding agreement between you (“you” or “your”) and the Kao Family Foundation, a 501(c)(3) corporation (“KFF”, “we”, “us”, or “our”). These Terms of Use apply conditions to your use of any KFF-operated website that links to these Terms of Use (collectively, the “Site”).  By using the Site, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site.

We may modify these Terms of Use at any time by updating this page. You are bound by any such modification and should therefore visit this page periodically to review these Terms of Use.

1. Use of Content

The content contained on the Site, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look and feel (collectively, the “Content“), is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by us or by third parties that have licensed their Content to us. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without our prior written permission, and (c) you may not use the Content in a manner that suggests an association with KFF without our prior written permission.

You may not, without the prior written permission of KFF, “mirror” on any other server any material contained on the Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of KFF. The trademarks, logos and service marks (the “Marks“) displayed on the Site are owned by KFF or third parties. You are prohibited from use of those Marks without the express, written permission of KFF or such third party.

2. Restrictions on Your Use of the Site

In addition to complying with other applicable terms and conditions, you agree that when using the Site, you will not:

  • Delete, modify, or attempt to change or alter any of the Content or notices on the Site;
  • Introduce into the Site any virus, rogue program, time bomb, drop dead device, back door, Trojan horse, worm or other malicious or destructive code, software routines, denial of service attack, or equipment components designed to permit unauthorized access to the Site, or to otherwise harm other users, the Content, or any third parties, or perform any such actions;
  • Commit fraud, impersonate anyone, or conduct other unlawful activities;
  • Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Site is based;
  • Use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for any reason;
  • Use any Content made available through the Site in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
  • Decrypt, transfer, frame, display, or translate (except translations for personal use) any part of the Site;
  • Connect to or access any KFF computer system or network without authorization; or
  • Submit any messages or content to KFF that is obscene, defamatory, threatening, harassing, abusive, slanderous, racially, or ethnically offensive, hateful, or embarrassing to any other person or entity.

3. KFF’s Liability

KFF makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Site and the Content. Any use of the Site and the Content is at your own risk. Changes are periodically made to the Site and may be made at any time. KFF further reserves the right to modify, suspend, or discontinue any service on or feature of the Site (including any changes to or removal of Content) at any time with or without notice to you, and KFF shall not be liable to you or to any third party should it exercise such rights. Some Content on the Site may be provided by third parties, and we will not be held responsible for any such Content provided by third parties.

KFF DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, WE WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE SITE AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. KFF, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

YOU AGREE THAT YOUR SUBMISSION OF ANY INFORMATION OR DATA TO KFF IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE KFF FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

KFF IS NOT RESPONSIBLE FOR ANY DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF ANY SERVICE ON OR FEATURE OF THE SITE.

4. Disclaimer of Certain Damages

Your use of the Site is at your own risk. If you are dissatisfied with any of the Content, other contents, any service on, or feature of the Site or with these Terms of Use, your sole remedy is to discontinue use of the Site. IN NO EVENT WILL KFF OR ANY THIRD PARTIES MENTIONED ON SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KFF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES, STATES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY GROSS NEGLIGENCE, PERSONAL INJURY OR DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE KFF’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT SUCH EXCLUSION OR LIMITATION IS ALLOWABLE UNDER THE APPLICABLE LAW. In no event shall the total liability of KFF to you for all losses and damages, including for any implied warranties, exceed the greater of fifty U.S. dollars (US $50.00) or the total amount you paid KFF to use any service on or feature of the Site in the twelve months prior to the date of an initial claim made against KFF.

5. Links to Other Sites

The Site may contain links to third-party websites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by KFF of the contents on such third-party websites. KFF is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or the privacy practices of such third parties. If you decide to access linked third-party websites, you do so at your own risk.

6. Indemnity

By using the Site, you agree, to the extent permitted by law, to defend, indemnify, and hold harmless KFF, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use or your violation of any law or rights of a third party.

7. Export Control

The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

8. General

Except to the extent expressly provided in the following paragraph, all legal issues arising from or related to your use of the Site and these Terms of Use shall be construed in accordance with and governed by the laws of the State of Kansas applicable to contracts entered into and performed within the State of Kansas without respect to its conflict of laws principles. By using the Site, you agree to submit to the personal and exclusive jurisdiction of the United States District Court for the District of Kansas, or any Kansas State court sitting in Johnson County, to resolve any dispute, claim or cause of action arising out of these Terms of Use or your use of the Site. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum

In the event of a complaint, or to request further information, the provider may be contacted by email at [email protected].