Terms of Use and Privacy Policy

Terms of Use

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS OF USE AND THE CREATIVE COMMONS LICENSE DISCUSSED BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE SET FORTH BELOW AND IN THE CREATIVE COMMONS LICENSE.

All pages and information within this Web site and any material made available for download (collectively the “Site”) is the property of the Evelyn and Walter Haas, Jr. Fund (“Fund”, “us”, or “we”) and/or its vendors and licensors.

Unless otherwise noted, all content on our website, except for videos, photos, logos, and publications, is licensed under the Creative Commons Attribution NonCommercial 4.0 International License (“Creative Commons License”), which is available at http://creativecommons.org/licenses/by-nc-nd/4.0/. As more fully described in the linked site, this license permits you to copy, distribute, and display such content so long as you mention and link back to the Fund and do not change the content or use it commercially.

Videos, photos, logos, and publications on this Site are not licensed under the Creative Commons License; they are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of the Fund, or if such content has been furnished by a third party, by such third party. All trademarks and service marks, used in this Site are the trademarks and service marks of the Fund or their respective owners and may not be used without prior written consent of the Fund or their respective owners.

As a condition of your use of this Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. If you breach any of these Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Additionally, by accessing the Site, you represent that you are at least 13 years old and that you are fully able and competent to enter into and comply with these Terms of Use. If you are older than 13 but under the age of consent where you live, then you must get the consent of your parents prior to using the Site, and if you do use the Site, you represent to us that you have done so.

You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information.

Any rights not expressly granted by these Terms of Use are reserved by Fund and/or its vendors and licensors.

  1. Restrictions on Use and Ownership. The Site is provided subject to these terms of use (“Terms of Use”).

  2. Privacy. Please review the Fund’s Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

  3. Updates. We may revise these Terms of Use at any time, and by your continued use of the Site, you agree to be bound by future revisions. It is your responsibility to periodically visit the Site to review the most current version of the Terms of Use.

  4. Your License to Us; Content. The Fund welcomes and values your contributions to the Site. Any communications, content, or other material of any kind that you post or otherwise transmit through the Site (including but not limited to the blog portions of the Site), including, questions, comments, suggestions, and other data and information (your “Content”) will be treated as non-confidential and non-proprietary. You grant the Fund a non-exclusive, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, create derivative works of, perform, and otherwise use and exploit your Content on the Site or elsewhere for our business purposes in all media now known or later developed. We are free to use any ideas, concepts, techniques, know-how in your Content for any purpose, including, but not limited to, the development and use of services based on the Content.

  5. Your Obligations. You represent and warrant that you have all right, title, and interest necessary to post your Content to the Site and grant the rights provided above. You will not provide any Content that (i) violates the intellectual property, privacy, publicity, or other rights of any individual or entity; (ii) is defamatory, obscene, threatening, harassing, or offensive; or (iii) violates any law, regulation, or rule.

  6. Monitoring Your Content. The Fund may, but is not obligated to, monitor or review any areas of the Site where user Content may be made available, including, but not limited to, the blog portions of the Site. The Fund, however, will have no liability related to the Content or your access to or use of any other user’s Content, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. The Fund retains the right to remove, in its sole discretion, without notice, Content that includes any material deemed abusive, defamatory, obscene, illegal, or otherwise inappropriate.

  7. Your Indemnity. At the Fund’s option and request, you will, at your own expense, indemnify, defend, and hold the Fund and its subsidiaries, affiliates, officers, employees, agents, co-branders, suppliers, or associates harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees and expert costs), arising out of your use of the Site or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between you and any third party, (b) based on or caused by unauthorized access to the Site through your account, (c) based on your actual or alleged breach of these Terms of Use, (d) based on your violation of any applicable law or regulation of any jurisdiction, or (e) arising out of your Content. You may not enter into a settlement or stipulated judgment of the foregoing without the Fund's prior written consent.

  8. Infringement Notices. As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding the site:

    Attention: Denis Chicola, Denis@haasjr.org, 415.856.1400.

    If you believe content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):

    1. A physical or electronic signature of the copyright owner or authorized agent;
    2. Identification of the copyrighted work(s) claimed to have been infringed;
    3. Identification of the material that is claimed to be infringing or to be the subject of the 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;
    4. Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
    5. A statement that the copyright owner or its authorized agent 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 made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  9. Warranty Disclaimer. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES.

  10. Limitation of Liability. THE FUND AND ITS AFFILIATES, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  11. Accuracy and Integrity of Information. Although the Fund attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform the Fund so that it can be corrected. Information contained on the Site may be changed or updated without notice.

  12. Third Party Sites. The Fund or third parties, including our users, may provide hyperlinks on the Site or any other form of link or redirection of your connection to other sites. The Fund makes no representations whatsoever about any other Web site that you may access through this Site. When you access a non-Fund site, please understand that it is independent from Fund, and that Fund has no control over the content on that Web site. In addition, a hyperlink to a non-Fund Web site does not mean that the Fund endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

  13. Choice of Law; Venue. These Terms of Use are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Site or these Terms of Use will be resolved in San Francisco, California. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

  14. Entire Agreement. These Terms of Use, as may be amended from time-to-time by the Fund, constitute the entire agreement between Fund and you pertaining to the subject matter hereof. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

  15. Contacting Us

    You may contact the Fund as follows:

    PO Box 1459
    El Cerrito, CA 94530-4459 Temporary Address
    Email: siteinfo@haasjr.org

    We welcome your feedback and thank you for using the Site!

 


 

Privacy Policy

Last updated: September 7, 2015

We value your privacy and want to ensure your experience with the Evelyn and Walter Haas, Jr. Fund (the “Fund”, “us”, or “we”) and our website (the “Site”) are as satisfying and safe as possible. We have established this Privacy Policy (this “Privacy Policy”) to explain how we collect, use and share your personal information. This Privacy Policy is subject to the our Terms of Use (“Terms of Use”). By using the Site, you expressly consent to the information handling practices described in this Privacy Policy. As described in more detail below, we collect personal information primarily to communicate with our users and optimize the experience of our users on the Site. If you do not understand any aspects of our Privacy Policy, please feel free to contact us at siteinfo@haasjr.org, 415-856-1400 or PO Box 1459, El Cerrito, CA 94530-4459. Temporary Address

This Privacy Policy applies only to information we collect at and through the Site. Our Site also contains links to third party sites that are not owned or controlled by the Fund. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Site and to read the privacy policies of each and every website that collects personal information.

  1. Personal Information That We Collect

    As used in this Privacy Policy, “personal information” is information that directly identifies an individual, such as first and last name, email address or other online contact information, or telephone number. We collect personal information, as well as non-personally identifiable information through the Site. In general, the types and amount of personal information we collect vary depending on the activity. We endeavor to limit the collection of personal information to information we believe is minimally necessary to achieve our stated collection purposes.

    You can provide personal information to us through our Site by going to the “Contact Us” page under the “About” tab and sending us an email at any of the email addresses provided on that page. You must also provide personal information in order to sign up to receive our newsletter.

    We also use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Site. Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity, and providing other services relating to the Site’s activity. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this Site. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above. For more information regarding Google Analytics please visit Google's website, and pages that describe Google Analytics.

    Cookies. Like most web-based services, we may use a variety of methods, including “cookies” and “Web beacons,” to collect information. A cookie is a small data file that is transferred to an Internet user's browser by a web server. Cookies are designed to store basic information, such as a user's preferences. A Web beacon (sometimes referred to as a “clear GIF”) is a small string of code placed in a web page, email message or other media format in order to gather statistical usage information.

    The information that we collect with these automated methods may include, for example, your IP address, information about how you interact with content, browser type, system type, device type, the content and pages that you access, the date and time you view pages, and the page from which you navigated to the Site.

  2. How We Use and Share Your Information

    Communication and Responding to Requests. If you provide us personal information via email, we will use that information to respond to your inquiries or otherwise contact you about the Fund. We may contact you by email or telephone. If you provide us with your personal information in connection with signing up for our newsletter, we will use such personal information solely to provide the requested service.

    Optimization. We use the Site activity information from Google Analytics to maintain, improve and optimize our Site.

    Service Providers. We may provide personal information to third parties for their use in performing internal business functions (e.g., email transmission, customer service, maintenance, security, data analysis, beta testing, or data hosting) on our behalf. We require such third parties to only collect and use personal information in accordance with this Privacy Policy, to maintain the confidentiality, security, and integrity of such Personal Information, and for no purpose other than providing us with our requested services.

    Legal Proceedings. We will share personal information with third party companies, organizations or individuals outside of the Fund if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

    • Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request.
    • Enforce applicable Terms of Use, including investigation of potential violations.
    • Detect, prevent, or otherwise address fraud, security or technical issues.
    • Protect against harm to the rights, property or safety of the Fund, our users, or the public as required or permitted by law.

    Transfer in the Event of Sale or Change of Control. If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Site to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy unless you agree differently.

    Interactive Features. If you use the comments section of the blog portion of our Site, or other interactive or social features that may be offered through the Site, you should be aware that any personal information you submit, display, or publish there is considered publicly available and can be read, collected, used, and disclosed by other users of those features, by us, and other third parties without restriction. To request removal of your personal information from our blog or other forum, contact us at the information provided at the top of this Policy. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

    Our comments section of our blog is provided by a third party online comment system called Disqus. Disqus is a third-party application that allows visitors to post comments on our Site. When you log in and post a comment on our Site, Disqus will collect information about your visit to our Site, including information that you post and your IP address. In order to comment on the blog section of our Site, you must register with Disqus and provide personal information to Disqus. Disqus may collect and use additional information from and about you. This policy does not apply to, and we are not responsible for, Disqus’ collection or use of your personal information. We encourage you to review Disqus’ privacy policy to learn more.

  3. Children Under 13

    We do not knowingly seek or collect personal information from users under the age of 13. If we determine we have inadvertently gathered personal information from a user under the age of 13, we will promptly delete any and all such personal information from our records. The Children's Online Privacy Protection Act of 1998 and other laws have been established to protect the privacy of minors and we abide by all federal and state laws and guidelines regarding youth privacy.

  4. Access to Your Information and Choices

    You can visit our “Contact Us” page under the “About” tab page or call us at 415-856-1400 with any questions about the information we have about you and how we use it. If you want to remove yourself from receiving direct communications, including newsletters you have subscribed to, you can unsubscribe from such communications by contacting us at siteinfo@haasjr.org.

  5. Security of Your Information

    We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through our Site are not encrypted, and we strongly advise you not to communicate any confidential information through these means.

  6. Changes to Our Privacy Policy

    We may update this Privacy Policy from time to time. If we do, we will update the “effective date” at the top of the Privacy Policy. If we make material changes to how we use personal information, we will attempt to notify you of the change and to give you the opportunity to exercise choice as to how your personal information is used. We will post the updated Privacy Policy on the Site, and if we have your email address, we will send notice of the update to that email address.

    We encourage you to review this Privacy Policy periodically to stay informed about our collection, use and disclosure of personal information. Your continued use of the Site constitutes your agreement to this Privacy Policy and any updates.

  7. California Rights and How to Contact Us

    In addition to the rights set forth in this Privacy Policy, California Civil Code Section 1798.83 permits California residents who are individual consumers or users of the Site to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us via mail or email at the address identified below.

    If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, please contact us at:

    PO Box 1459
    El Cerrito, CA 94530-4459 Temporary Address
    Email: siteinfo@haasjr.org

    We welcome your feedback and thank you for using the Site!