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Terms & Conditions

Emily Brickley Memorial Family Foundation Website Terms and Conditions

Effective Date: July 11, 2025

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Welcome to the website of the Emily Brickley Memorial Family Foundation ("the Foundation," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, ebmff.com (the "Website"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website.

 

Acceptance of Terms

 

By accessing and using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy  and Accessibility Statement. These policies are incorporated by reference into these Terms.

 

Purpose of the Website

 

The purpose of this Website is to:

  • Provide information about Emily Brickley Memorial Family Foundation's mission, vision, and charitable activities.

  • Offer information regarding our grantmaking process and application procedures (if applicable).

  • Share news, updates, and impact stories related to our work.

  • Provide contact information for inquiries.

 

Intellectual Property Rights

 

  • Ownership: All content on this Website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of Emily Brickley Memorial Family Foundation or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

  • Limited License: You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use, in accordance with these Terms. You may not modify, reproduce, distribute, display, perform, publish, license, create derivative works from, transfer, or sell any content or information obtained from this Website without our prior written consent.

  • Trademarks: The Emily Brickley Memorial Family Foundation name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Emily Brickley Memorial Family Foundation or its affiliates or licensors. You must not use such marks without the prior written permission of the Emily Brickley Memorial Family Foundation. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

Prohibited Uses

 

You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation.

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To impersonate or attempt to impersonate the Emily Brickley Memorial Family Foundation, a Foundation employee, another user, or any other person or entity.

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Foundation or users of the Website, or expose them to liability.

 

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website.

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website, or for any other unauthorized purpose without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

 

User Contributions (if applicable)

 

If the Website allows for user-generated content (e.g., comments, forum posts, or submission of grant applications with supporting documents), the following terms apply:

 

  • Responsibility for Contributions: You are solely responsible for any content you post, upload, or submit to the Website ("User Contributions"). You represent and warrant that you own or control all rights in and to your User Contributions and have the right to grant the license granted below to us.

  • Grant of License: By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purpose of operating and promoting the Website and the Foundation's mission.

  • Content Standards: User Contributions must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

    • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

    • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

    • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

    • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

    • Be likely to deceive any person.

    • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

    • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

    • Impersonate any person or misrepresent your identity or affiliation with any person or organization.

    • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

Monitoring and Enforcement: We have the right to:

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  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Foundation.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

 

Disclaimer of Warranties

 

THE WEBSITE AND ALL CONTENT, MATERIALS, AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOUNDATION DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOUNDATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

 

Limitation of Liability

 

IN NO EVENT WILL THE FOUNDATION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

Indemnification

 

You agree to defend, indemnify, and hold harmless the Emily Brickley Memorial Family Foundation, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

 

Links to Third-Party Websites

 

Our Website may contain links to third-party websites that are not owned or controlled by the Emily Brickley Memorial Family Foundation. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that the Emily Brickley Memorial Family Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We encourage you to read the terms and conditions and privacy policies of any third-party websites that you visit.

 

Governing Law and Jurisdiction

 

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in Los Angeles County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Severability

 

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

 

Entire Agreement

 

These Terms and our Privacy Policy constitute the sole and entire agreement between you and the Emily Brickley Memorial Family Foundation regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

 

Changes to the Terms and Conditions

 

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

 

Contact Information

 

If you have any questions about these Terms and Conditions, please contact us at:

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info@ebmff.com

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