Terms of Use
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INTRODUCTION
The website (“website”) is operated by The Timothy Pauxtis Foundation, Inc., (“The Timothy Pauxtis Foundation, Inc.”). It is important that you READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING the WEBSITE, registering for the website, PURCHASING PRODUCTS or services, AND/OR OTHERWISE USING THE The Timothy Pauxtis Foundation, Inc. SERVICES AND PRODUCTS, AND THE RELATED The Timothy Pauxtis Foundation, Inc., DATA USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS (COLLECTIVELY, THE “Website”). The Timothy Pauxtis Foundation, Inc. agrees to PROVIDE YOU WITH ACCESS TO THE The Timothy Pauxtis Foundation, Inc. PRODUCTS THROUGH THIS WEBSITE AND MAKE AVAILABLE PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU: (i) ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, (ii) ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM The Timothy Pauxtis Foundation, Inc. OR ITS AFFILIATES IN CONNECTION WITH THE The Timothy Pauxtis Foundation, Inc. PRODUCTS, (iii) ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH ON ANY DOCUMENTS REFERENCED HEREIN OR ANY additional terms and conditions that can be viewed either on the pages containing ANY services or offerings, or via a link on those pages or other directions to the additional terms and conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS herein, you are directed to PROMPTLY CEASE all use of the The Timothy Pauxtis Foundation PRODUCTS, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE The Timothy Pauxtis Foundation, Inc. PRODUCTS OR PURCHASING PRODUCTS AND SERVICES FROM The Timothy Pauxtis Foundation, Inc.

AUTHORITY
By accessing, registering, subscribing, downloading and/or otherwise using the Website, you (i) certify that you are at least 18 years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (ii) have read these Terms and Conditions of Use and have agreed to be legally bound by these Terms and Conditions of Use, and (iii) agree to all operating rules and policies of The Timothy Pauxtis Foundation that may be published on the Website.

USE OF WEBSITE
Subject to the terms and conditions set forth herein and any third party restrictions, The Timothy Pauxtis Foundation, Inc. grants you a non-transferable, non-exclusive limited right and license to view, use and access the Website, to view, print and download the images, text, graphics, photographs, audio, video and other content available within the Website solely for your informational purposes and for your immediate, private, personal and non-commercial use. All rights not expressly stated herein are reserved by The Timothy Pauxtis Foundation and The Timothy Pauxtis Foundation, Inc. disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Website, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the Website, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, brand, frame, permit third parties to link to, or create compilations or derivative works of the Website, or any part thereof, including, but not limited to, using any part of the Website to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) use the Website in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of The Timothy Pauxtis Foundation, Inc., its third party suppliers or any other third party; (v) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vi) use Website to harm minors in any way; (vii) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (viii) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (ix) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (x) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using Website; or (xi) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website (including, but not limited, to this Website). By posting of information or other materials on this Website or within the Website or by making such information available for downloading by you, The Timothy Pauxtis Foundation, Inc. does not waive any proprietary right in and to the copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary rights in the Website and does not transfer any rights to you in the Website except for the limited license expressly granted herein.

INTELLECTUAL PROPERTY
The Website is owned and operated by The Timothy Pauxtis Foundation, Inc. and its licensors and are protected by copyright and other intellectual property laws under United States and international laws and treaties - Copyright 2005 The Timothy Pauxtis Foundation, Inc.,. All rights reserved. The compilation and arrangement of all content, data and other information found within the Website is also the sole and exclusive property of The Timothy Pauxtis Foundation and its licensors and is protected by U.S. and international intellectual property laws. The structure and layout of the Website is also proprietary to The Timothy Pauxtis Foundation and its licensors and fully protected under U.S. and international intellectual property laws.

WARRANTY DISCLAIMER
You access and use the Website at your sole risk. The Timothy Pauxtis Foundation disclaims all warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise. Without limiting the foregoing, The Timothy Pauxtis Foundation, Inc. does not represent or warrant that the Website will be; (i) uninterrupted, timely, secure or error-free, (ii) the Website will be correct, accurate, useful, reliable or otherwise, and (iii) the Website or the servers that operate the Website is free of viruses or other harmful components. The Timothy Pauxtis Foundation, Inc. may make changes to the content within the Website at any time without notice to you. Further, The Timothy Pauxtis Foundation, Inc. assumes no liability or responsibility for any errors or omissions in the content within the Website. The materials in the Website may be out of date or inaccurate, and The Timothy Pauxtis Foundation, Inc. specifically disclaims any duty to update the content of the Website. Some states do not permit limitations or exclusions on warranties. If any of the exclusions set forth in this Section shall be determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited as determined by a court of competent jurisdiction.

LIMITATION OF LIABILITY
IN NO EVENT SHALL The Timothy Pauxtis Foundation, Inc. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE website, EVEN IF The Timothy Pauxtis Foundation, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, The Timothy Pauxtis Foundation, Inc.’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO The Timothy Pauxtis Foundation, Inc. FOR THE SERVICES DURING THE TERM OF MEMBERSHIP. PASSWORDS AND YOUR OBLIGATIONS You may register as a member within the Website and to select a unique username and password in order to be able to access certain parts of the Website. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password. You agree to immediately notify The Timothy Pauxtis Foundation, Inc. in writing of any breach of security, including, without limitation, unauthorized use of your username or password. Please notify us immediately of any unauthorized use of your user name and password via email to info@ttpf.org .

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless The Timothy Pauxtis Foundation, its affiliates, distributors, licensors and suppliers and their officers, directors, and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Website in violation of these Terms and Conditions of Use, or (ii) any violation of these Terms and Conditions of Use.

TERMINATION
The Timothy Pauxtis Foundation, Inc., in its sole discretion, may terminate or suspend your access to and use of the Website (or any part thereof) at any time if The Timothy Pauxtis Foundation, Inc. believes that you have violated the terms of these Terms and Conditions of Use.

POLICY
The Timothy Pauxtis Foundation, Inc. has a Privacy Policy that discloses what information The Timothy Pauxtis Foundation, Inc. collects about you, how The Timothy Pauxtis Foundation, Inc. uses such information, the steps The Timothy Pauxtis Foundation takes to secure such information and how you can decline to have such information about you collected or used. The Privacy Policy is available on this Website and is incorporated herein by this reference.

INTELLECTUAL PROPERTY NOTICE
The Timothy Pauxtis Foundation, Inc. respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the person designated below with; (i) a description of the work or intellectual property that you claim has been infringed; (ii) a description of how the material has been infringed; and (iii) a statement by you that, to the best of your belief, that the disputed use is not authorized by the copyright owner. Some material and content is protected by the GNU Free Documentation License. Furthermore, all copyrighted, licensed, and registered material (including, but not limited to, names, logos, images) are the property of the respective companies and not The Timothy Pauxtis Foundation, Inc. Please send any claims to info@ttpf.org.

LINKS TO OTHER WEB SITES
The Website contains links to other websites controlled or offered by third parties. The Timothy Pauxtis Foundation, Inc. is not responsible for the content, accuracy or opinions expressed on such websites and The Timothy Pauxtis Foundation hereby disclaims any and all liability for, any information, materials, products or services posted or offered on any such websites. The Timothy Pauxtis Foundation does not endorse or recommend any products or services offered or information contained on such websites.

CHOICE OF LAW/ARBITRATION
If there is any dispute about or involving these Terms and Conditions of Use, you agree that the dispute shall be governed by the laws of the State of New Jersey without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of New Jersey. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Website must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitation which otherwise may apply. Either party may demand that any dispute be submitted to final and binding arbitration before a single arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the American Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the Parties are unable to agree on the arbitrator. Arbitration shall take place in New Jersey in accordance with the Rules and Regulations of the American Arbitration Association (Commercial Division).

SEVERALBILITY
If any part of these Terms and Conditions of Use is found to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms and Conditions of Use.

WAIVERS
The Timothy Pauxtis Foundation, Inc.’s failure to insist upon or enforce strict performance of any provision of the terms and conditions of these Terms and Conditions of Use shall not be construed as a waiver of any other provision, term or right set forth herein.