Welcome to Brian Hamilton Foundation. These terms and conditions outline the rules and regulations for the use of Brian Hamilton Foundation’s Website.
By accessing this Website, we assume you accept these terms and conditions in full. Do not continue to use Brian Hamilton Foundation’s Website if you do not accept all of the terms and conditions stated herein.
Use of Material and Information
The contents of this site, such as text, graphics, logos, images, button icons, software and other “material” are protected under both United States and foreign copyright, trademark and other laws. This Website and any Material is the property of the Foundation or its licensor. The collection, arrangement and/or assembly of any content on this Website is the exclusive property of the Foundation. Thus, we require that you retain all copyright, trademark, service-mark and other proprietary notices contained in any original Material on any copy you make of any Material we provide. You may not sell or change the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of this Website or any Material on any other Website or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code on our site as it is also protected by the Foundation copyright or intellectual property rights.
Site Access and Use
All site users whether representing themselves as an individual or an organization agree not to engage in violence, illegal activity of any kind, discrimination, or hate. Users may not use at any time use the Website to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, and or violate the privacy, publicity or personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
“Visitor”, “You” and “Your” refers to you, the person, user or organization accessing this Website and accepting the Foundation’s terms and conditions. “The Foundation”, “Ourselves”, “We”, “Our” and “Us”, refers to this Foundation. “Party”, “Parties”, or “Us”, refers to both the Visitor and ourselves, or either the Visitor or ourselves.
All terms refer to the offer, acceptance and consideration of necessary to undertake the process of our assistance to the Visitor in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Visitor’s needs in respect of provision of the Foundation’s stated services/products, in accordance with and subject to, prevailing law of the United States.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Brian Hamilton Foundation and/or it’s licensors own the intellectual property rights for all material on Brian Hamilton Foundation. All intellectual property rights are reserved. You may view and/or print pages from https://brianhamilton.org for your own personal use subject to restrictions set in these terms and conditions.
Applicable Laws and this Agreement
You agree to always comply with all and any applicable laws, and these Terms and Conditions. You must not:
Republish material from https://brianhamilton.org
Sell, rent or sub-license material from https://brianhamilton.org
Reproduce, duplicate or copy material from https://brianhamilton.org
Redistribute content from Brian Hamilton Foundation (unless content is specifically made for redistribution).
Users are also prohibited from violating or attempting to violate the security of the Website, including (a) accessing data not intended (b) attempting to probe, scan or test the vulnerability of a system or network (c) to breach security or authentication measures without proper authorization, (d) attempting to interfere with service to any User, host or network (e) submitting a virus to the Website (f) overloading (g) flooding, (h) spamming, (i) mailbombing, (j) crashing, (k) sending unsolicited e-mail (l) forging TCP/IP packet headers or any part of the header (m) use the Foundation, its name or services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by the Foundation in its sole discretion. Violations of system or network security can most certainly result in serious civil or significant criminal liability. The Foundation will and/or may in its discretion investigate occurrences and involve, and or cooperate with law enforcement in prosecuting users that cause or are involved in such violations.
The Foundation prohibits any use of the Website so as to post on the site (if or when so enabled) or elsewhere incomplete, false or inaccurate biographical information or information; the posting of any franchise, pyramid scheme, club membership or selling any product items or promoting a business; deleting or changing any material posted by any other person or entity; copying or framing any of the information on the site for unauthorized purposes; engaging in any action that imposes unreasonable or a disproportionate and large load on Foundation infrastructure; causing our site to not work properly; disclosing to or sharing your password with any third parties.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval: Government agencies, search engines, and news organizations
Online directory distributors when they list us in the directory may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses. System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
We may consider and approve in our sole discretion other link requests from the following types of organizations: commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union; dot.com community sites; associations or other groups representing charities, including charity giving sites, online directory distributors; internet portals; accounting, law and consulting firms whose primary Visitors are businesses; and educational institutions and trade associations.
We may approve link requests from these or other organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b) the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in above and are interested in linking to our Website, you must notify us by sending an e-mail to email@example.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Brian Hamilton Foundation’s logo or other artwork will be allowed for linking absent a trademark license agreement.
The Foundation’s Website is just a venue. Because we do not and cannot be involved in user-to-user dealings or control the behavior of Visitors or other third parties, in the event that you have a dispute with one or more third parties, you release the Foundation (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. While the Foundation reserves the right in its sole discretion to remove material from the Foundation’s Website from time to time, the Foundation does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Website. We are under no obligation to, and generally do not, control the information provided by third parties or links. Other people’s information may be offensive, harmful or inaccurate, and in some cases could be mislabeled or deceptively labeled.
You use this site at your own risk. We do not in any way warrant that the Website will operate without error, or that the Website and its server(s) are free of computer viruses or any other harmful code. Thus we are not responsible for any damage to your equipment, computer or person from the use of this site. To the fullest extent of the also disclaim all warranties of any kind. We provide our site on an “as-is” basis. The Foundation makes no warranties about the accuracy, text, graphics, links, software, material, services provided or warrantees that the site will work or function for an specific period of time.
Disclaimer of Consequential Damages
The Foundation or any third party on the Website shall never be liable for any damages without limitation, whether incidental and consequential, or for lost profits from lost data or interruption of service, negligence resulting from the use, or inability to use our site weather based on contract, tort, and any legal theory, and or whether or not the Foundation is advised of the possibility of such damages. As stated, the Foundation may at times contain links to third party Websites. These links are provided solely as a convenience to you and not as an endorsement by the Foundation of the contents on such third-party Websites. The Foundation is not responsible for the content of linked third-party sites. Access Linked third-party sites at your own risk.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Website.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our Website
If you find any link on our Website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
While we endeavor to ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Website. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Brian Hamilton Foundation does not provide tax, legal, accounting, business or other advice. Its materials and representations are for educational, informational purposes only. Nothing is said or intended to provide, and should not be relied on for, tax, legal, accounting, business or other advice. You should consult your own tax, legal, accounting, business or other adviser before making any decision or engaging in any transaction.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
limit or exclude your liability for death or personal injury resulting from negligence;
limit or exclude your liability for fraud or fraudulent misrepresentation;
limit any of your liabilities in any way that is not permitted under applicable law; or
exclude any of your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. In any event, the aggregate liability for the Foundation to you for all claims arising from the access to or use of this site or any Foundation materials is limited to $1.00.
Please note: you access our Website at your own risk and you are responsible for compliance with the laws of your jurisdiction. The Foundation makes no claims that this site or any materials in our Site may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries.
Our Terms and conditions are governed by the substantive laws of North Carolina, without conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie only with the state or federal courts within North Carolina. If any single Term or Condition is to be found invalid by any court having correct jurisdiction, invalidity shall not affect the validity of the remaining provisions and no waiver of any term of these Terms and Conditions shall be deemed.
These Terms and Conditions constitute the entire agreement between you and the Foundation with respect to the use of this Website. No other conversations, agreements or supplemental agreements shall control or invalidate any section herein.
Indemnification and Notification
From your direct or indirect use of the Site or our Services, and for any violation of the Terms and Conditions herein (or content violations), you agree to hold harmless and indemnify the Foundation, its affiliates, officers, directors, partners, and employees from any and all third party claims, demands, legal letters, proceedings and any losses, liabilities, damages, costs, payments or expenses, including reasonable attorneys’ fees. If you believe that you are entitled or forced to act contrary to this Agreement under any law, you also agree to contact us in writing or email and provide us with a comprehensive written explanation of your reasons for your belief. You agree to provide 30 days before you act contrary to this Agreement. We are not obligated to do so, but may consider alternative solutions to the situation to help you.
This Website and the information and services on the Website are provided free of charge. Brian Hamilton Foundation will not be liable for any loss or damage of any nature.
Chief Executive Officer
Brian Hamilton Foundation
(866) 753-3726 ext. 701