Terms of Use

Last Updated: October 8, 2021

Please read these terms and conditions of use (the “Terms of Use”) carefully. This is a website of the Carol and Gene Ludwig Family Foundation (“LFF”). Your use of http://ludwigfamilyfoundation.org and any of our other websites, their respective subdomains, and software applications containing a link to the Terms of Use (collectively, “this Website” or “the Website”) is governed by the “Terms of Use”. By accessing this Website, you agree to be bound by the Terms of Use (whether or not you confirm your agreement, such as by clicking “I agree”). Your use of the Website is governed by the version of the Terms of Use in effect on the date the Website is accessed by you. If you do not agree to the Terms of Use, you are not permitted to use the Website.

  1. Authorization to Use. If you are of legal age to form a binding contract, you may access and use this Website, at your sole risk and responsibility and in compliance with applicable law, rules and regulations (collectively, “Applicable Law”) only to gain information about LFF and its founders, programs, publications and associated matters (“Authorized Purposes”). For Authorized Purposes, you may (a) display this Website on a web browser, (b) print pages of this Website from a web browser, and (c) forward links to or pages from this Website, electronically or in hard copy, to persons within your organization or other persons with whom you have a personal or business relationship if you believe such persons may be interested in the information, so long as you make such persons aware that you are the person who has forwarded the information and so long as you do not remove, conceal, or alter any copyright notice, byline information, disclaimer, restriction, or other notice. LFF may terminate your access to the Website for any reason, without prior notice.

  2. LFF’s Proprietary Rights. This Website is protected by copyright and other laws and, except as expressly authorized by Section 1, you may not copy, display, print, or distribute all or any part of this Website, and in no event may you broadcast, decompile, disassemble, perform, publish, rent, reproduce, reverse engineer, sell, transmit, or create derivative works from all or any part of this Website or permit any person to perform any act relating to this Website not authorized by Section 1. As between LFF and you or your employer, LFF solely owns and shall continue solely to own all right, title, and interest, including all intellectual property rights, in and to this Website, the LFF name and logo and certain other names, logos, and materials displayed in or through the Website constituting registered and unregistered trademarks, trade names, service marks, or logos, unless specifically indicated to be the property of others.
  3. Limits on Use. You agree not to use this Website or the content available on the Website: (a) in violation of these Terms of Use or any law; (b) to infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; (c) to interfere with or disrupt the Website or any software, hardware, telecommunications equipment or networks used by LFF; (d) disparage or injure the reputation or goodwill of LFF, or any of its founders, officers, directors, employees, or grantees; or (e) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website.  You may not use this Website in any manner (i) that could damage or overburden our server(s) or any network connected to any of our servers; (ii) that attempts to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iii) that would or does interfere with another party’s use of this Website.
  4. Linking to Our Sites. If you wish to link to the Website, you may include an active link on any website you control directing a browser to the home page of that site, provided that you agree to remove the link at any time upon our request.  You may not link to or otherwise provide access to the Website in any way that: (a) alters the look, feel, or functionality of any aspect of our Sites; or (b) in any way that disparages the Website or that could injure the reputation or goodwill of LFF or any of its publications.
  5. Privacy. These Terms of Use incorporate by reference the terms and conditions of the Privacy Policy, located here, which explains the information we may collect, and how we use and share that information. Please read the referenced policy carefully as you are agreeing to it when you use the Website or otherwise agree to these Terms of Use.
  6. Availability and Content. LFF makes no representation, warranty, or covenant that this Website will be available at all times or at any time. Various circumstances may prevent or delay availability. LFF at any time may discontinue this Website in whole or in part, or suspend your access, for any reason or no reason. There may be errors or omissions in this Website, and LFF reserves the right, but will not be required, to correct any errors or omissions. LFF will not be responsible for any loss, cost, damage, or liability that may result from any loss or delay of availability, any suspension of access, or any errors or omissions. In addition, LFF will not be responsible for the accuracy, completeness, or timeliness of this Website (including any content on it) or for the results obtained from its use. The posting of any content on this Website and the creation of a link from the Website to any other site are expressly prohibited without the prior written consent of LFF. LFF does not regularly review materials on sites linked to this Website and does not necessarily endorse the content appearing on any linked sites.   The Website may contain links to third party websites or resources (collectively "Third Party Services").  We are not associated with such Third Party Services.  Your use of Third Party Services is subject to the license agreements, terms and conditions, privacy policies, and other policies and agreements applicable to such Third Party Services.  We do not approve or endorse any Third Party Services, their content, or any views expressed on any Third Party Service, nor is the Website approved or endorsed by any Third Party Services.  We have no responsibility to you for any Third Party Services.
  7. Disclaimer of Warranties. THIS WEBSITE (INCLUDING ANY CONTENT ON IT) IS PROVIDED “AS IS” AND “AS AVAILABLE.” LFF MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING IN ANY WAY TO THIS WEBSITE (INCLUDING ANY CONTENT ON IT) OR ANY LINKED SITES. LFF DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS WEBSITE, THE CONTENT, ANY THIRD PARTY SERVICES AND ANY LFF PUBLICATIONS OR SERVICES. WITHOUT LIMITING THE FOREGOING, LFF DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OR OF QUIET ENJOYMENT, (C) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS, AND (D) WARRANTIES OTHERWISE RELATING TO ACCURACY, PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY LFF. LFF DISCLAIMS ALL EQUITABLE INDEMNITIES.
  8. No Liability or Damages. YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL LFF AND OUR CONTENT PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, DISTRIBUTORS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR AGENTS (COLLECTIVELY, THE “LFF PARTIES”) HAVE ANY LIABILITY TO YOU OF ANY KIND RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THIS WEBSITE (INCLUDING BUT NOT LIMITED TO ANY CONTENT ON IT OR THE RESULTS OBTAINED FROM ITS USE), THE TERMS OF USE, OR LFF’S ACTS OR OMISSIONS, ANY THIRD PARTY SERVICES OR ANY LINKED SITE, FOR ANY CAUSE WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE. NO REMEDY SHALL BE AVAILABLE AGAINST ANY LFF PARTY RELATING TO, RESULTING FROM, OR IN CONNECTION WITH ANY OF THE FOREGOING. IN NO EVENT SHALL ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES AGAINST ANY LFF PARTY BE ALLOWED, EVEN IF AN LFF PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE EXCLUSIONS OF DAMAGES IN THE TERMS OF USE ARE INDEPENDENT OF, AND SURVIVE THE FAILURE FOR ANY REASON OF, ANY OTHER REMEDY.  SHOULD ANY LFF PARTY BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED $100.00 IN THE AGGREGATE.
  9. Exclusions and Limitations.  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 and disclaimers may not apply to you.  To the extent that LFF may not, as a matter of Applicable Law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of liability of the LFF Parties will be the minimum permitted under such Applicable Law.
  10. Changes. LFF reserves the right to change the Terms of Use at any time in its sole discretion by updating this posting. Use of this Website following any such changes shall constitute acceptance of such changes.
  11. Disputes. By choosing to visit this Website you agree that any dispute over your use of the Website and these Terms of Use will be governed by the laws of the District of Columbia without regard to any otherwise applicable conflicts of laws provisions or principles, whether of the District of Columbia or any other jurisdiction. You also consent to the exclusive jurisdiction of any disputes arising in connection with our websites, including these Terms of Use, in the federal and local courts in the District of Columbia.  To the extent that any of the foregoing is unenforceable under applicable law if you access and use the Website outside the United States, and where permitted under such applicable law, LFF shall have the right to designate such applicable governing law and jurisdiction on notice to you in the event of any such dispute.  LFF and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose and waive any objection to such courts on any basis, including without limitation improper venue or inconvenience of the forum.  Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.  If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to our intentions as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect.
  12. Contact. If you have any questions regarding these Terms of Use please contact us at info@ludwigfamilyfoundation.org.