Terms and Conditions
Terms and Conditions
The Pew Charitable Trusts (“Pew”) www.pewtrusts.org web site (the “Site”) is owned and operated by Pew. This User Agreement (“Agreement”) contains the terms, covenants, conditions, and provisions (the “Terms and Conditions”) upon which you (also referred to herein as “User”) may access and use the Site and the content displayed on the Site.
This Agreement is current as of June, 20, 2014.
By accessing, viewing, and using the Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. Please note that Pew reserves the right to change the Terms and Conditions under which this Site and its many offerings are extended to you. Your continued use of the Site following reasonable notice of such modifications will constitute your acceptance of such changes. You also agree that notices we may provide on the Site itself shall be deemed reasonable notice for this purpose.
1. Grant of License. Subject to the Terms and Conditions and your continued compliance therewith, this Agreement provides you with a personal, revocable, nonexclusive, nontransferable license to use the Site and the text, graphics, data, information, and other content made available through or from the Site (collectively, “Content”), including without limitation, Content obtained through widgets, RSS feeds, APIs or other similar means. Subject to your compliance with the Terms and Conditions, the Content may be accessed, printed, displayed, downloaded and distributed for personal, non-exclusive, non-commercial, educational or news reporting . You must also provide proper attribution to Pew and/or other specified copyright owner in connection with your use of any Content. Any rights not expressly granted herein are reserved.
You may not use Content in any manner that implies, suggests, or could otherwise be perceived as attributing a political objective, motive or opinion to Pew. You may also not copy, reproduce, create derivatives of, modify, distribute, broadcast, transmit, publish, license, transfer, sell, or otherwise exploit the Content for a fee or for other commercial purposes or for non-commercial uses except pursuant to a separate written agreement with Pew. If you wish to use any Content for any such purpose not permitted by this Agreement, please contact Pew at email@example.com. Under no circumstances may the Content be reproduced in principal part, mirrored, catalogued, framed, displayed simultaneously with another site or otherwise republished in its entirety or in principal part without the express written permission of Pew, except to extent such Content is obtained through a widget, RSS feed, or other similar means. You represent and warrant to Pew that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (a) disrupting, impairing or interfering with the Site; (b) collecting any information about other users of the Site; or (c) systematically extracting data contained in the Site to populate databases for internal or external use.
2. Intellectual Property Rights. All Content, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations and is owned by Pew and/or third parties. Except as expressly provided herein, Pew does not grant any express or implied right to you or any other User of the Site. The Site may also include the trade and/or service marks of other parties. Such third-party designations may not be used without the prior written permission of their respective owners.
Unless otherwise specified, the Content is © 2014, The Pew Charitable Trusts. All rights reserved. Removing or altering this copyright notice on any Content on the Site is prohibited. User use of The Pew Charitable Trusts and other trademarks owned by Pew are not permitted without obtaining permission, by contacting firstname.lastname@example.org. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
4. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Pew has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Pew and its affiliates and all of their employees and representatives are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Pew shall have no liability for interruptions or omissions in Internet, network or hosting services or any other failure of performance of the Site. You assume the sole and complete risk of using the Site.
6. Legal Policy. The Site may include Content prepared by other organizations and individuals not employed by Pew for informational purposes. Pew does not necessarily agree with the opinions expressed in such material, nor does Pew warrant the accuracy of the information or quality of the content.
Any use of geographical names on this site or in any Pew document or publication does not imply the expression of any opinion whatsoever on the part of Pew concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Pew takes no position on any sovereignty disputes between States; any reference to States, territories, or places on this site or in any Pew document or publication is without prejudice to the outcome of any sovereignty disputes, legal disputes, or dispute resolution processes between States.
7. Events Beyond Pew’s Control. You expressly absolve and release Pew from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
8. DISCLAIMERS. THE SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. PEW MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY CONTENT. FURTHER, WHILE PEW ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AND MATERIALS AVAILABLE, THE CONTENT ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. PEW MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SITE AND THE CONTENT AT ANY TIME, FOR ANY REASON. PEW MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED ON THE SITE. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE SITE AND THE CONTENT.
UNDER NO CIRCUMSTANCES WILL PEW BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR THE CONTENT OR THE BREACH OF THIS AGREEMENT OR PEW’S OTHER POLICIES CONTAINED ON THE SITET, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF PEW OR A THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICK OR PRODUCTS LIABILILITY OR MISREPRESENTATION.
TO THE EXTENT PERMITTED BY LAW, PEW DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THE SITE AND THE CONTENT.
IN ANY EVENT, THE AGGREGATE LIABILITY OF PEW FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE AND THE CONTENT SHALL NOT EXCEED $50.00.
9. Indemnity. You agree to indemnify and hold harmless Pew, its affiliates, and all of their officers, directors, employees, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) incurred by any of them in connection with any third-party claims based on or related to your use of the Site, the Content, or any breach by you of these Terms and Conditions. You agree to cooperate as fully as reasonably required in Pew’s defense of any claim. Pew reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Pew in a non-electronic record. Your obligation to indemnify and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal state, or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state , or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to this Agreement.
10. U.S. Copyright Infringement Claims. If you know or suspect that any of the materials on the Site have been used or copied in a way that constitutes copyright infringement, please send notice to Pew’s designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:
- (a) A physical or electronic signature of the copyright owner or 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 at a single online site are covered by a single notification, a representative list of such works at that site;
- (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- (d) Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- (e) A statement by you that you have 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;
- (f) A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated agent for notice of copyright infringement claims may be reached by contacting email@example.com.
11. Governing Law. This policy shall be governed by the laws of the Commonwealth of Pennsylvania, U.S.A. without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be in Philadelphia, Pennsylvania. The Site is controlled and operated by Pew from its offices within the United States. Pew makes no representation that Content in the Site is appropriate or available for use in other locations, and access to them from territories where any of the Content of the Site is illegal is prohibited. Those who choose to access the Site from other locations do so of their own volition and are responsible for compliance with applicable local laws.
12. Term and Termination. This Agreement takes effect at the time the User begins using the Site (thereby indicating acceptance of these Terms and Conditions). Pew reserves the right at any time and for any reason to deny any User access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
13. Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Pew of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
14. Nature of Relationship/Severability. No joint venture, partnership, employment, or agency relationship exists between you and Pew as a result of this Agreement or your use of the Site. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
15. Entire Agreement/Reservation of Rights. These Terms and Conditions and Pew’s Privacy and Cookies Policies represent the entire agreement between you and Pew with respect to your use of the Site and the Content, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Pew with respect to the Site. Any rights not expressly granted herein are reserved.