Terms of Use

Welcome to www.abfe.org. The www.abfe.org website (the “Site”) is comprised of various web pages operated by the Association of Black Foundation Executives (“ABFE”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms.

Privacy

Your use of the Site is subject to ABFE’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Refunds

If you have made an error in making your donation or membership payment, we will honor your request for a refund made within 30 days of your payment.

If you have signed up for an event that has a fee we will honor your request for a refund a minimum of 24 hours prior to event start time.

To request a refund, call (646)-230-0306 and ask to speak to the Membership Coordinator or Director of Administration. Refunds are returned using the original method of payment. If you made your donation by credit card, your refund will be credited to that same credit card.

Electronic Communications

Visiting the Site or sending emails to ABFE constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ABFE is not responsible for third party access to your account that results from theft or misappropriation of your account. ABFE and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

ABFE does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ABFE and ABFE is 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.

ABFE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ABFE of the site or any association with its operators. Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.abfe.org domain, you hereby acknowledge and consent that ABFE may share such information and data with any third party with whom ABFE has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ABFE that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ABFE or its suppliers and 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 use protected content solely for your personal use, and will make no other use of the content without the express written permission of ABFE and 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 ABFE or our licensors except as expressly authorized by these Terms.

Materials Provided to www.abfe.org or Posted on Any ABFE Web Page

ABFE does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any ABFE Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ABFE, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. ABFE is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ABFE’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by ABFE from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ABFE Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless ABFE, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ABFE reserves 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 ABFE in asserting any available defenses.

DISCLAIMERS, EXCLUSIONS AND LIMITS ON LIABILITY

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT ACCESS TO THE SITE OR ANY INFORMATION CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR THAT THE INFORMATION CONTAINED ON THE SITE WILL BE TIMELY, ACCURATE, SECURE, ERROR-FREE OR COMPLETE. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RELATING TO THE SITE OR YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SITE OR THESE TERMS EXCEED THE SUM OF TWENTY-FIVE ($25) DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Termination/Access Restriction

ABFE reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ABFE as a result of this agreement or use of the Site. ABFE’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ABFE’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ABFE with respect to such use. If any part of this agreement 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.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ABFE with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ABFE with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

ABFE reserves the right, in its sole discretion, to change the Terms under which www.abfe.org is offered. The most current version of the Terms will supersede all previous versions.

Contact Us

ABFE welcomes your questions or comments regarding the Terms:
Association of Black Foundation Executives (ABFE)
333 7th Avenue, 13th FL
New York, NY 10001
jpowers@abfe.org
(646) 230-0309

Effective as of May 15, 2014

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