Terms and Conditions of Use

Last updated July 18, 2020

I. Agreement to Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and The Ingersoll Foundation for the Study of Cultural Influences on Brain Function (“The Foundation”), concerning your access to and use of The Foundation’s website at https://www.ingersollfoundation.org as well as any other media form, media channel or mobile website related, linked, or otherwise connected thereto (collectively, the “The Website”). 

You agree that by accessing The Website, you have read, understood, and agree to be bound by all these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using The Website and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on The Website from time to time are hereby expressly incorporated herein by reference. The Foundation reserves the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. 

The Foundation will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of The Website after the date such revised Terms and Conditions are posted. 

The information provided on The Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject The Foundation to any registration requirement within such jurisdiction or country. 

Accordingly, those persons who choose to access The Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

The Website is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use The Website. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using The Website. 

II. Intellectual Property Rights

Unless otherwise indicated, The Website is The Foundation’s proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on The Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by The Foundation or licensed to The Foundation, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on The Website “as is” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of The Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without The Foundation’s express prior written permission.

Provided that you are eligible to use The Website, you are granted a limited license to access and use The Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. The Foundation reserves all rights not expressly granted to you in and to The Website, the Content and the Marks.

III. User Representations

By using The Website, you represent and warrant that: 

  1. All registration information you submit will be true, accurate, current, and complete,

  2. You will maintain the accuracy of such information and promptly update such registration information as necessary,

  3. You have the legal capacity and you agree to comply with these Terms and Conditions,

  4. You are not under the age of 13,

  5. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use The Website,

  6. You will not access The Website through automated or non-human means, whether through a bot, script, or otherwise,

  7. You will not use The Website for any illegal or unauthorized purpose and

  8. Your use of The Website will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, The Foundation has the right to suspend or terminate your account and refuse any and all current or future use of The Website (or any portion thereof). 

IV. User Registration

You may be required to register with The Website. You agree to keep your password confidential and will be responsible for all use of your account and password. The Foundation reserves the right to remove, reclaim, or change a username you select if The Foundation determine, in The Foundation’s sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

V. Prohibited Activities

You may not access or use The Website for any purpose other than that for which The Foundation makes The Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by The Foundation.

As a user of The Website, you agree not to:

  1. Systematically retrieve data or other content from The Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from The Foundation,

  2. Make any unauthorized use of The Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  3. Use The Website to advertise or offer to sell goods and services,

  4. Circumvent, disable, or otherwise interfere with security-related features of The Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of The Website and/or the Content contained therein,

  5. Engage in unauthorized framing of or linking to The Website,

  6. Trick, defraud, or mislead The Foundation and other users, especially in any attempt to learn sensitive account information such as user passwords,

  7. Make improper use of The Foundation’s support services or submit false reports of abuse or misconduct,

  8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools,

  9. Interfere with, disrupt, or create an undue burden on The Website or the networks or services connected to The Website,

  10. Attempt to impersonate another user or person or use the username of another user,

  11. Sell or otherwise transfer your profile,

  12. Use any information obtained from The Website in order to harass, abuse, or harm another person,

  13. Use The Website as part of any effort to compete with The Foundation or otherwise use The Website and/or the Content for any revenue-generating endeavor or commercial enterprise,

  14. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of The Website,

  15. Attempt to bypass any measures of The Website designed to prevent or restrict access to The Website, or any portion of The Website.

  16. Harass, annoy, intimidate, or threaten any of The Foundation’s employees or agents engaged in providing any portion of The Website to you,

  17. Delete the copyright or other proprietary rights notice from any Content,

  18. Copy or adapt The Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code,

  19. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of The Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of The Website,

  20. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”),

  21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses The Website, or using or launching any unauthorized script or other software,

  22. Disparage, tarnish, or otherwise harm anything that, in The Foundation’s opinion, constitutes The Foundation and/or The Website or

  23. Use The Website in a manner inconsistent with any applicable laws or regulations.

VI. User-Generated Contributions

The Website may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to The Foundation or on The Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

Contributions may be viewable by other users of The Website and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party,

  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize The Foundation, The Website, and other users of The Website to use your Contributions in any manner contemplated by The Website and these Terms and Conditions,

  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by The Website and these Terms and Conditions,

  4. Your Contributions are not false, inaccurate, or misleading,

  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation,

  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable as determined at the sole discretion of The Foundation,

  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone,

  8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another,

  9. Your Contributions do not violate any applicable law, regulation, or rule,

  10. Your Contributions do not violate the privacy or publicity rights of any third party,

  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner,

  12. your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors,

  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap and

  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current or incomplete, The Foundation has the right to suspend or terminate your account and refuse any and all current or future use of The Website (or any portion thereof). 

VII. Contribution License

By posting your Contributions to any part of The Website or making Contributions accessible to The Website by linking your account from The Website to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to The Foundation an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. 

This license shall apply to any form, media, or technology now known or hereafter developed, and includes The Foundation’s use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. 

You waive all intellectual property rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. 

The Foundation does not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. The Foundation shall not be liable for any statements or representations in your Contributions provided by you in any area on The Website. 

The Foundation does not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. The Foundation shall not be liable for any statements or representations in your Contributions provided by you in any area on The Website. 

The Foundation shall have the right, in The Foundation’s sole and absolute discretion,

  1. To edit, redact, or otherwise change any Contributions,

  2. To re-categorize any Contributions to place them in more appropriate locations on The Website and 

  3. To pre-screen or delete any Contributions at any time and for any reason, without notice. The Foundation has no obligation to monitor your Contributions. 

VIII. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding The Website ("Submissions") your provide to The Foundation are non-confidential and shall become The Foundation’s sole property. The Foundation shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You hereby waive all intellectual property rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against The Foundation for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

IX. Third Party Websites and Content

The Website may contain (or you may be sent via The Website) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Content"). 

Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by The Foundation, and The Foundation shall not be responsible for any Third Party Websites accessed through The Website or any Third Party Content posted on, available through, or installed from The Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content. 

Inclusion of, linking to, or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by The Foundation. If you decide to leave The Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.

You are solely responsible for reviewing the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from The Website or relating to any applications you use or install from The Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and The Foundation shall have no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. 

You agree and acknowledge that The Foundation does not endorse the products or services offered on Third Party Websites and you shall hold The Foundation harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold The Foundation harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third Party Websites. 

X. Site Management

The Foundation reserves the right, but shall have no obligation, to:

  1. Monitor The Website for violations of these Terms and Conditions,

  2. Take appropriate legal action against anyone who, in The Foundation’s sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities,

  3. In The Foundation’s sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof,

  4. In The Foundation’s sole discretion and without limitation, notice, or liability, to remove from The Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to The Foundation’s systems or

  5. Otherwise manage The Website in a manner designed to protect The Foundation’s rights and property and to facilitate the proper functioning of The Website.

XI. Privacy Policy

The Foundation cares about data privacy and security. Please review The Foundation’s Information Privacy, Confidentiality and Security Policy. By using The Website, you agree to be bound by The Foundation’s Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised The Website is hosted in the United States. 

If you access The Website from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of The Website, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. 

Furthermore, The Foundation does not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if The Foundation receives actual knowledge that anyone under the age of 13 has provided personal information to The Foundation without the requisite and verifiable parental consent, The Foundation will delete that information from The Website as quickly as is reasonably practical.

XII. Digital Millennium Copyright Act (DMCA) Notice and Policy

A. Notifications

The Foundation respects the intellectual property rights of others. If you believe that any material available on or through The Website infringes upon any copyright you own or control, please immediately notify The Foundation’s Designated Copyright Agent using the contact information provided below (a “Notification”). 

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by The Website infringes your copyright, you should consider first contacting an attorney.

All Notifications must meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed,

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on The Website are covered by the Notification, a representative list of such works on The Website,

  3. 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 The Foundation to locate the material,

  4. Information reasonably sufficient to permit The Foundation to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted,

  5. 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

  6. 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 upon.

B. Counter Notification

If you believe your own copyrighted material has been removed from The Website as a result of a mistake or incorrect identification, you may submit a written counter notification to The Foundation using the form or other contact information on The Website's Contact Us page

To be an effective Counter Notification under the DMCA, your Counter Notification must include, substantially, the following: 

  1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled,

  2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which The Foundation is located,

  3. A statement that you will accept service of process from the party that filed the Notification or the party's agent,

  4. Your name, address, and telephone number,

  5. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or incorrect identification of the material removed or disabled and

  6. Your physical or electronic signature.

If you send The Foundation a valid, written Counter Notification meeting the requirements described above, The Foundation will make such efforts as are within its control to restore your removed or disabled material, unless The Foundation first receives notice from the party filing the Notification informing The Foundation that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. A commercial website hosting and development service over which The Foundation has no control hosts and provides technologies and methods for maintaining The Website. The Foundation cannot restore or re-enable material removed or disabled via technologies and/or methods employed by said service.

You agree that if you materially misrepresent that the disabling or removal of material was the result of mistake or incorrect identification, The Foundation shall be entitled to hold you liable for all damages, including but not limited to costs and attorney's fees, which result, whether directly or indirectly from your misrepresentation. Filing a false Counter Notification shall constitute perjury.

XIII. Designated Copyright Agent

All communication to the The Foundation's Designated Copyright Agent must be directed to: 
     The Ingersoll Foundation for the Study of Cultural Influences on Brain Function

     Attn: Executive Director
     1453 E. Ports O Call Dr., Suite 2E
     Palatine, IL 60074-3270
     Email: executive.director@ingersollfoundation.org

XIV. Copyright Infringement

The Foundation respects the intellectual property rights of others. If you believe that any material available on or through The Website infringes upon any copyright you own or control, please immediately notify The Foundation using the contact information provided below (a “Notification”). The Foundation will send a copy of your Notification to the person who posted or stored the material addressed in the Notification. 

Pursuant to Federal law, you may be held liable for damages if you make material misrepresentation(s) in a Notification. If you are not certain that material located on or linked to by The Website infringes your copyright, you should first consider consulting an attorney.

XX. Term and Termination

These Terms and Conditions of Use shall remain in full force and effect at all times when you are using The Website. The Foundation reserves the right, without limitation of or effect on any other provision(s) of these Terms and Conditions, in The Foundation’s sole discretion and without notice or liability, to deny access to and/or use of The Website (including blocking certain IP addresses), to any person(s) for any reason or for no reason, including, without limitation, breach of any representation, warranty, or covenant contained in these Terms and Conditions and/or of any applicable law or regulation. The Foundation may, at its sole discretion, terminate your use of or participation in The Website or delete your account and/or any content or information that you posted at any time, without warning or notice. 

If The Foundation terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a false or assumed name, or the name of any third party, even if you authorized to act on behalf of said third party. 

In addition to terminating or suspending your account, The Foundation reserves the right to pursue any or available legal remedies, including, without limitation, pursuit of civil, criminal, and/or injunctive action.

XXI. Modifications and Interruptions

The Foundation reserves the right to change, modify, or remove any contents on or functionality provided by The Website at any time or for any reason at The Foundation’s sole discretion and without notice. Furthermore, The Foundation shall have no obligation to update any information on or modify any functionality provided by The Website. The Foundation also reserves the right, at its sole discretion, to modify or discontinue all or part of The Website without notice and at any time.  The Foundation shall not be liable or accountable to you or any party for any modification, suspension, or discontinuation of The Website. 

The Foundation cannot and does not guarantee that The Website will always be available . The the external commercial provider that hosts the website may experience hardware, software, or other problems or need to perform maintenance on systems affecting the to The Website which may result in interruptions, delays, and/or errors. You acknowledge that any such interruptions, delays, and/or errors are not within The Foundation's control, and you agree not to hold The Foundation liable for them in any way.

The Foundation reserves, at its sole discretion, the right to change, revise, update, suspend, discontinue, or otherwise modify The Website at any time or for any reason without notice. You agree that The Foundation shall have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use The Website during any downtime or discontinuation of The Website. 

Nothing in these Terms and Conditions shall obligate The Foundation to maintain and/or support The Website or to make any corrections, updates, or releases to it.

XXII. Governing Law

These Terms and Conditions and your use of The Website are governed by and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be entirely performed within the State of Illinois, regardless of any conflict of laws. 

XXIII. Resolution of Disputes

If either you or The Foundation (collectively, the “Parties” or individually, a “Party”) initiate any legal action(s) of any nature, filing and all prosecution of said action(s) shall take place in the state and Federal courts located in Cook County, Illinois. The Parties hereby consent to and waive all defenses based on lack of personal jurisdiction and/or forum non conveniens with respect to venue and jurisdiction in such state and Federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are explicitly excluded from these Terms and Conditions. In no event shall either Party commence any claim, action, or proceeding related in any way to The Website more than two (2) years after the cause of action related to said claim, action, or proceeding arose.

XXIV. Binding Arbitration

You and The Foundation agree to binding arbitration for final and exclusive resolution of all controversies and/or claims arising from these Terms and Conditions (each a "Dispute" and collectively, “Disputes”) that either you or The Foundation (individually, a “Party” and collectively, the “Parties”) initiates to expedite resolution and limit the cost of any such Dispute(s).

You understand that, without this provision, you would have the right to sue in court and have a jury trial. Commencement and conduct of arbitration shall be under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website at https://adr.org/.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. 

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Cook County, Illinois. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Cook County, Illinois, and the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. 

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any Dispute brought by either Party related in any way to The Website or Services be commenced more than two (2) years after the cause of action arose. 

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

A. Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

B. Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

XXV. Corrections

There may be information on The Website that contains typographical errors, inaccuracies, or omissions that may relate to The Website, including descriptions and various other information. The Foundation reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on The Website at any time, without prior notice.

XXVI. Disclaimer

The Website is provided on an as-is and as-available basis. You agree that your use of The Website and The Foundation’s services will be at your sole risk. To the fullest extent permitted by law, The Foundation disclaims all warranties, express or implied, in connection with The Website and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Foundation makes no warranties or representations about the accuracy or completeness of The Website’s content or the content of any websites linked to The Website and The Foundation shall assume no liability or responsibility for any:

  1. Errors, mistakes, or inaccuracies of content and materials,

  2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of The Website,

  3. Any unauthorized access to or use of The Foundation’s secure servers and/or any  personal information and/or financial information stored therein,

  4. Any interruption or cessation of transmission to or from The Website,

  5. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through The Website by any third party, and/or

  6. Any errors or omissions in any content and materials or for any loss or damage of any kind incurred from use of any content posted, transmitted, or otherwise made available via The Website.

XXVII. Limitation of Liability

In no event shall The Foundation or The Foundation’s directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of The Website, even if The Foundation has been advised of the possibility of such damages. 

XXVIII. Indemnification

You agree to defend, indemnify, and hold The Foundation harmless, including The Foundation’s subsidiaries, affiliates, and all of The Foundation’s respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. Any of your Contributions,

  2. Use of The Website,

  3. Your breach of these Terms and Conditions,

  4. Any breach of your representations and warranties set forth in these Terms and Conditions,

  5. Your violation of the rights of a third party, including but not limited to intellectual property rights or

  6. Any overt harmful act toward any other user of The Website with whom you connected via The Website. 

In no event shall The Foundation or The Foundation’s directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of The Website, even if The Foundation has been advised of the possibility of such damages. 

XXIX. User Data

The Foundation will maintain certain data that you transmit to The Website for the purpose of managing The Website, as well as data relating to your use of The Website. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using The Website. 

You agree that The Foundation shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against The Foundation arising from any such loss or corruption of such data.

XXX. Electronic Communications, Transactions and Signatures

Visiting The Website, sending The Foundation emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications The Foundation provides to you electronically, via email and on The Website, satisfy any legal requirement that such communication be in writing. 

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by The Foundation or via The Website. 

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

XXXI. Miscellaneous

These Terms and Conditions and any policies or operating rules posted by The Foundation on The Website constitute the entire agreement and understanding between you and The Foundation. The Foundation’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. 

These Terms and Conditions operate to the fullest extent permissible by law. The Foundation may assign any of The Foundation’s rights and obligations to others at any time. The Foundation shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond The Foundation’s reasonable control. 

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. 

There is no joint venture, partnership, employment or agency relationship created between you and The Foundation because of these Terms and Conditions or use of The Website. You agree that these Terms and Conditions will not be construed against The Foundation by virtue of having drafted them.

You hereby waive all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

XXXII. Contacting the Foundation

To resolve a complaint regarding The Website or to receive further information regarding use of The Website, please contact The Foundation at:

The Ingersoll Foundation for the Study of Cultural Influences on Brain Function
1453 East Ports O Call Drive, Suite 2E
Palatine, Illinois 60074-3270

USA
Telephone: +1 (773)-251-2378
Email: info@ingersollfoundation.org