TESS RESEARCH FOUNDATION TERMS OF SERVICE
Acceptance of Terms
The Site may provide links to other sites which are not under the control of TESS Research Foundation. These links are provided for convenience and reference only and are not intended as an endorsement by TESS Research Foundation. We are not responsible or liable to you or any other third party for the content, usefulness, or accuracy of any material provided by a third party. Any reliance you place on such information is strictly at your own risk.
TESS RESEARCH FOUNDATION DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE CONTENT, ANY MERCHANDISE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND TESS RESEARCH FOUNDATION SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ALL SERVICES AND CONTENT PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. TESS RESEARCH FOUNDATION DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
User agrees to indemnify, defend, and hold harmless TESS Research Foundation and its affiliates, licensors, and service providers, as well as their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, judgments, damages, expenses, losses, or liabilities arising out of or relating to your violation of the Terms of Service or your use of the Site, including, but not limited to, any use of the Site’s material and services outside what has been expressly authorized in the Terms of Service.
The contents of the Site, such as text, graphics, photographs, software and other material (the “Content”) is presented for informational purposes only. The Content is the property of TESS Research Foundation and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print portions of material from the different areas of the Site solely for your own non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of TESS Research Foundation. You may not, and this Terms of Service does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the Content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by TESS Research Foundation.
Limitation of Liability
IN NO EVENT WILL TESS RESEARCH FOUNDATION NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR VOLUNTEERS BE LIABLE FOR DAMAGES (INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES), OF ANY KIND ARISING OUT OF OR RELATED TO YOUR ACCESS OF, USE OF, OR INABILITY TO ACCESS OR USE, THIS SITE OR OTHER WEBSITES TO WHICH IT LINKS (INCLUDING THIRD-PARTY MATERIALS). THIS INCLUDES, BUT IS NOT LIMITED TO, INFORMATION OR MATERIALS VIEWED OR DOWNLOADED FROM THIS SITE OR ANOTHER LINKED WEBSITE THAT APPEAR TO YOU OR ARE CONSTRUED BY YOU TO BE OBSCENE, OFFENSIVE, DEFAMATORY, OR INFRINGING ON YOUR INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT WILL TESS RESEARCH FOUNDATIONOR THIRD PARTIES THAT CONTRIBUTE INFORMATION TO THE SITE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION OR ACTION TAKEN BY YOU IN RELIANCE OF SUCH INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES.
Waiver and Severability
If TESS Research Foundation does not exercise or enforce any particular right set forth in the Terms of Service, TESS Research Foundation does not waive that right. If a court finds any provision of the Terms of Service invalid, then you and TESS Research Foundation agree that the court should attempt to follow the intention of the provision and that all other terms of the Terms of Service will remain in effect.
The Terms of Service and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using the Site, you hereby expressly consent to the personal jurisdiction and venue in the state courts located in San Francisco County, California or federal courts located in San Francisco County, California for any lawsuit filed there against you by TESS Research Foundation arising from or related to these Terms of Service.