Julia Koch Family Foundation Terms of Service
TERMS OF USE
Effective February 22, 2025
Introduction
The Julia Koch Family Foundation website, including all of its features, content, and any associated applications (or “apps”) (collectively, the “Website”) is a service made available by Julia Koch Family Foundation (“Foundation”). By accessing and/or using the Website you agree to be legally bound by these Terms of Use (“Terms” or “Agreement”). You represent that you have read and understood these Terms which represent a legally binding contract between you and Foundation. If you do not agree to be bound by these Terms, please do not use the Website.
Foundation reserves the right to change the terms of this Agreement or to change the Website at any time and for any purpose without notice. You should visit this page regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the Website will be deemed as an irrevocable acceptance of any such changes, modifications, or alteration. You can review the most current Terms at any time at Terms of Service. By using the Website, you are accepting the practices described in the Terms (including new versions of this Terms when and as they go into effect).
Any references to “we” or “our” refers to Foundation. Any references to “you”, “your”, or “User” refers to anyone accessing the Website or using our services.
This Agreement incorporates the Foundation Privacy Policy (“Privacy Policy”) which can be found at Privacy Policy.
Basic Terms
Users must be at least 18 years old to use the Website or our services. By using the Website and our services, you represent, acknowledge, and agree that you are at least 18 years of age and have the right, authority, and capacity to agree to and abide by these Terms.
You also represent that you will use the Website and our services in a manner consistent with any and all applicable laws and regulations.
You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
You understand that no material that you upload and provide to us will be treated as confidential.
You agree that you will only use the Website for lawful purposes and in accordance with all applicable laws. You agree that if a third-party claims that material you have contributed to the Website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (or privately transmitted on or through the Website) are the sole responsibility of the User, not Foundation, and that you are responsible for all material you upload, post, or otherwise transmit to or through the Website.
Foundation may terminate this Agreement and your use of the Website and our services at any time without notice if we believe that you are less than 18 years old or if you have violated this Agreement in any other way.
Privacy
Please review the Foundation privacy policy which is available here. The Privacy Policy explains how we treat the information that we collect from you. You agree that we may treat your personal information in accordance with our Privacy Policy, which is hereby incorporated by reference into this Agreement.
User Content
You are solely responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds, and other content or material that you submit, upload, post, or otherwise make available on or through the Website and/or the services. You may not upload, post, or otherwise make available on the Website any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You are solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights, or any other harm resulting from any content that you provide or make. You have full responsibility for all content you create and submit, including its legality, reliability, and appropriateness.
Foundation will consider anything you provide or contribute to the Website (“User Content”) as available to be used by us free of any obligations to you. By posting or uploading User Content to the Website, you automatically and irrevocably agree to the following:
I warrant that I am the owner of the User Content and entitled to enter into this Agreement. I hereby grant to Foundation and its shareholders, subsidiaries, affiliates, and their respective successors, assigns and designees (collectively, “the “Company”) a royalty-free, fully-paid up, nonexclusive, perpetual, irrevocable, worldwide, unrestricted right and license to use, copy, publish, display, sublicense, create derivative works from, and display an unlimited number of copies of the User Content in all formats and media, including without limitation social media platforms whose terms and conditions for such posting may result in the grant of a sublicense, whether now known or existing or hereafter discovered or developed, for any purposes
whatsoever. I waive all rights of integrity and any other rights in or to the User Content arising under Section 106A of the Copyright Act, 17 U.S.C. ss 106A, or under any other applicable law of the United States or any state, country, or other jurisdiction that acknowledge or confer rights of the same or similar nature (collectively, “Moral Rights”). I acknowledge and agree that the Company has no obligation to use or exploit the User Content or to exercise its right under this license. I further acknowledge and agree that the Company may, but will not be required to, provide source attribution (including any applicable copyright notice) in connection with publication of the User Content, in whole or in part.
You agree to waive any right to royalties or other compensation arising or relating to the use of your User Content.
Unless otherwise explicitly stated herein or in our Privacy Policy, you agree that any User Content submitted, uploaded, posted, or otherwise made available by you in connection with your use of the Website and/or services is provided on a non-proprietary and non-confidential basis. You hereby grant to Foundation a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare compilations and derivative works of, publish, transmit and distribute your User Content, or any portion thereof, and to publish, transmit, distribute, and sell compilations and derivative works of your User Content, in any form, medium, or distribution method now known or hereafter existing, known or developed. Foundation may modify or adapt your User Content to transmit, display, or distribute them over computer networks and in various media and/or make changes to your User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services, or media. You agree to pay for all royalties, fees, damages, and any other monies owing any person by reason of any User Content posted by you to or through the Website.
User Content must not contain protected health information. You are strictly prohibited from submitting User Content that are considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You are also strictly prohibited from providing Foundation with any “sensitive information,” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership) and, should Foundation discover that you have done so, Foundation will remove it immediately and reserves the right to ban you from the Website. None of the foregoing obligates Foundation to actively screen the information that you provide.
Intellectual Property
The Website and services and all materials contained therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Foundation and its licensors. Except as explicitly provided herein, nothing in this Agreement is deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Website.
Except as expressly provided elsewhere by the Website, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Website, except that you may access and display material and all other content displayed on the Website for non-commercial, personal, entertainment use on a single computer only. Without limiting the generality of the foregoing, you may not distribute any part of the Website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Except as expressly provided elsewhere by the Website, any authorization to copy material granted by Foundation in any part of the Website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, is subject to your keeping intact all copyright and other proprietary notices, and use of any material on any other Website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Website into a readable form to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
“Julia Koch Family Foundation” is a trademark used by us to uniquely identify our Website, business, and service. You agree not to use this trademark anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property and includes prohibitions on any competition that violates the provisions of this paragraph.
DMCA Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Foundation infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A):
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Website; (d) the name, address, telephone
number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Foundation a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent in writing to info@jkff.org, Attn: Copyright Notice. Please be aware that there are penalties for false claims under the DMCA.
Unauthorized Activities
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of our Website and/or services. In connection with your use of our Website and services, you agree that you will not:
· violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, and tax regulations;
· hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our Website, service, or Users;
· defame anyone;
· defraud, mislead, or otherwise act dishonestly;
· copy, store, or otherwise access any information contained on the Website or within any content appearing therein, for purposes not expressly permitted by these Terms;
· use the Website or services for any commercial or other purposes that are not expressly permitted by these Terms;
· use the Website or services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or account numbers;
· stalk or harass any other User of the Website or services or collect or store any personally identifiable information about any other User;
· impersonate any person or entity, or falsify, or otherwise misrepresent yourself or your affiliation with any person or entity;
· scrape the Website or run any bots or other software to aggregate or browse our content;
· post false information;
· infringe on anyone’s intellectual property rights; or
· otherwise act in a manner which, at Foundation’s sole discretion, is objectionable.
Third Party Links and Services
This Website may contain links to third-party websites, advertisers, services, or other events or activities that Foundation does not own or control. Foundation does not endorse or assume any responsibility for any third-party websites, information, materials, products, or services. If you access a third-party website or use a third-party service, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such third-party websites or services. You expressly relieve and hold Foundation harmless from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that Foundation is not responsible for any loss or damage of any sort relating to your dealings with such third parties.
Disclaimer of Warranties
Your use of the Website is at your own risk. This Website and all the materials, information, software, facilities, services, and other content in the Website are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Foundation disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Foundation does not warrant that the functions contained in the Website will be available, uninterrupted or error-free, that defects will be corrected, or that the servers that make the Website available are free of viruses or other harmful components. Foundation does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services, or other content in the Website or any third-party websites linked to the Website in terms of their correctness, accuracy, reliability, or otherwise. Foundation makes no warranties that your use of the materials, information, software, facilities, service, or other content in the Website will not infringe the rights of others and Foundation assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, service, or other content of the Website. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.
Limitation Of Liability
FOUNDATION IS NOT LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY INFORMATION OR ADVICE GIVEN TO YOU BY ANY EMPLOYEES, AGENTS, OFFICERS, OWNERS, DIRECTORS, SHAREHOLDERS, OR AFFILIATES OF FOUNDATION. IN NO EVENT IS FOUNDATION LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF FOUNDATION KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Indemnity
You agree to indemnify and hold harmless Foundation and its principals, shareholder, agents, officers, directors, consultants, subsidiaries, licensors, and employees from any and all claims, damages, obligations, payments, deficiencies, fines, judgments, settlements, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from or relating to: (a) any third-party claim, suit, action, or proceeding arising out of the breach of Foundation’s representations and warranties contained herein; (b) your use and access to any of Foundation’s services, including any data or content transmitted or received by you; (c) your violation of any term of this Agreement; or (d) your violation of any third-party right, including without any limitation, any rights of privacy or intellectual property rights.
Governing Law
This Agreement and any disputes arising out of or related to this Agreement (“Disputes”) are governed by the internal substantive laws of the State of New York, without regard to its choice or conflicts of law provisions.
Disputes – Arbitration Agreement
You and Foundation agree to submit any and all Disputes to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which governs the interpretation and enforcement of the arbitration agreement contained in this “Disputes – Arbitration Agreement” section of this Agreement (the “Arbitration Agreement”). You and Foundation waive the right to a trial by jury and any right to have a Dispute heard in court. This means Disputes will be resolved by neutral arbitrators instead of a judge or jury, discovery is more limited than in court, and the arbitrator’s decision is subject to limited review by courts. The arbitrators can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrators’ award may be entered in any court having jurisdiction thereof.
The arbitration will be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its “Comprehensive Arbitration Rules and Procedures.” The arbitration will be a private, confidential arbitration in New York, New York, before three arbitrators. You have the right to be represented by counsel. In any arbitration arising out of or related to this Arbitration Agreement, the arbitrators will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration, and the arbitrators will have the power to award injunctive relief. You and Foundation agree that if for any reason JAMS will not conduct or becomes unavailable to conduct the arbitration,
then a court may appoint substitute arbitrators, and further agree that the choice of JAMS as a forum is not integral to the Arbitration Agreement.
The arbitrators will decide all issues relating to which party has prevailed and the enforceability, interpretation, scope, and application of this Agreement (including issues of arbitrability, whether the Arbitration Agreement is unconscionable or illusory and any defense to arbitration), and this Agreement, except that a court will resolve any question regarding the validity or enforceability of the class action waiver stated in the next paragraph of this Arbitration Agreement. The term “Dispute” and the requirement to arbitrate will be broadly interpreted.
You and Foundation agree the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the arbitration proceeding. The arbitrators may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this paragraph invalid or unenforceable, then the immediately following paragraph of this Arbitration Agreement will be null and void.
You and Foundation agree that if for any reason a Dispute proceeds in court rather than arbitration: (a) you and Foundation waive any right to a jury trial; (b) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (c) neither you nor Foundation may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.
You may choose to opt-out of this Arbitration Agreement within 45 days of the date you first visited the Website and therefore agreed to the Terms, which contains this Arbitration Agreement. The opt-out notice must be postmarked no later than the applicable deadline and mailed to: United Agent Group, c/o Julia Koch Family Foundation, 1521 Concord Pike, Suite 201, Wilmington, DE, 19803 Attn: General Counsel’s Office. The opt-out notice must state that you do not agree to this Arbitration Agreement and must include your name, address, phone number, and email address. This procedure is the only way you can opt out of this Arbitration Agreement, and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of this Arbitration Agreement will continue to apply.
General
If any provision of this Agreement is found to be invalid by an arbitration agency or court having competent jurisdiction, the invalidity of such provision does not affect the validity of the remaining provisions of this Agreement, which remain in full force and effect. Foundation’s failure to enforce any term of this Agreement is not deemed a waiver of such term and does not otherwise affect Foundation’s ability to enforce such term in the future. This Agreement is
the entire agreement between you and Foundation and supersedes all prior or contemporaneous negotiations, discussions, or agreements between you and Foundation about the Website. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions survive any termination of this Agreement.
You hereby acknowledge and agree that Foundation does not actively monitor or police the interactive areas or specific interactions between Users of the Website (and has no obligation to do so) and you hereby disclaim and hold Foundation harmless from and against any and all liability resulting from a User’s interaction with, or conduct towards, any other User. Notwithstanding the foregoing, Foundation reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred, and may, also at its sole discretion, partially or completely deny, suspend, or terminate access to the Website to any infringing party.
Notices
Foundation may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Website, as determined by Foundation in its sole discretion. Foundation reserves the right to determine the form and means of providing notifications to our Users. Foundation is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Under California Civil Code Section 1789.3, California Users of the Website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Contact
Any inquiries about your rights under these Terms, or any other matters regarding your privacy, can be directed to info@jkff.org.
Last Updated: February 22, 2025