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Terms & Conditions

The Herbert R. & Jeanne C. Mayer Foundation Terms of Use​
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These Terms of Use (these “Terms”) constitute a legal agreement between you and the Herbert R. & Jeanne C. Mayer Foundation(“Mayer Foundation,” “us,” “our,” or “we”) in respect of your use of the website at https://themayerfoundation.org (the “Site”) and our grant program (the “Program”).

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PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR APPLYING FOR A GRANT UNDER THE PROGRAM.  IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE OR PARTICIPATE IN THE PROGRAM, AND YOU MUST PROMPTLY CEASE USING THEM.

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By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described in Section 16 below. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.

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  1. Your Access to the Site

  2. Permitted Use and Restrictions

  3. Idea Submissions

  4. Privacy

  5. User Accounts and Security

  6. Intellectual Property Rights

  7. Third-Party Sites and Services

  8. Notice for California Residents

  9. Notice for New Jersey Residents

  10. Indemnity

  11. Warranty Disclaimer

  12. Limitation of Liability

  13. Termination

  14. Communication Between Us

  15. Governing Law

  16. Dispute Resolution

  17. Other Important Terms

  18. Your Promises to Us

  19. Changes to These Terms

  20. Contact Us

 

1. YOUR ACCESS TO THE SITE

 

1.1 Internet Access

When using the Site on your mobile, laptop, desktop or other device (your “Device”), you acknowledge and agree that you are responsible for (a) maintaining Internet access for your Device and (b) any Internet connection and telecommunications fees and charges that you incur.

  1. Your Device. The Mayer Foundation is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Site, including, but not limited to screen display operation features of your Device.

  2. No Guarantee. Access to the Site may be suspended temporarily and without notice (a) in the event of system failure, (b) for maintenance or repair, (c) where we reasonably suspect there has been a breach of these Terms, (d) for reasons reasonably beyond our control, or (e) as otherwise explained in these Terms. 

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2. PERMITTED USE AND RESTRICTIONS

 

2.1 License Grant 

Subject to the terms and conditions of these Terms, the Mayer Foundation hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Site (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) and to participate in the Program, solely for your personal use on a Device that you own or control. We reserve all other rights, which are not granted in these Terms.

 

2.2 Use Restrictions

You may not access or use the Site or participate in the Program, in any way that is not expressly permitted by these Terms. You may not: (a) cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site; (b) sell, assign, rent, lease, or grant rights in the Site, including, without limitation, through sublicense, to any other person or entity; or (c) use the Site or the Program for any unlawful, prohibited, abnormal or unusual activity as determined by the Mayer Foundation in its sole discretion.

 

2.3 Eligibility

You must be over 13 years old in order to use the Site. By accessing or using the Site, you represent and warrant that you are at least 18 years of age (or the age of legal majority under applicable law), or, if not, that you have read these Terms with your parent or guardian and that they have agreed to be bound by these Terms.

 

2.4 Investigations

We may, but are not obligated to, monitor or review our Site or our Program at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Site or participate in the Program pursuant to Section 13 (Termination) below.

 

2.5 Violation of these Terms

You must not use (or permit a third-party to use) the Site or the Program: (a) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by misrepresenting the applicant on an application, hacking into or inserting malicious code, including viruses, or harmful data, into the Site or any operating system used by the Site; (b) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (c) to collect or harvest any information or data from the Site or our systems or attempt to decipher any transmissions to or from the servers running the Site; (d) via use of a robot, spider, or other automated device to monitor or copy the Site or any information provided by the Site; (e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; or (f) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and the Mayer Foundation has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach. 

 

3. IDEA SUBMISSIONS

 

We welcome feedback from our users and appreciate your comments regarding the Site and the Program. However, our policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions”) that we have not specifically requested. This policy is intended to help us, and our users, avoid future misunderstandings when new ideas developed internally by our employees might be similar or even identical to a user’s idea.

 

If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that: (a) such Submissions will be considered non-confidential and non-proprietary; (b) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Site or otherwise to third-parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights; (c) we may have something similar to the Submissions already under consideration or in development; and (d) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances.

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4. PRIVACY >

 

These Terms also incorporate the terms of our Privacy Policy  (as updated from time-to-time). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy (such as how you can adjust your privacy settings). By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (a) the processing of your personal information as explained in the Privacy Policy and (b) the collection of information from your Device as explained in the Privacy Policy.

By agreeing to these Terms, using the Site, or applying to the Program, you agree to receive communications from us, including via email, and calls. Communications from us may include responses to your inquiries or information regarding your application. 

 

5. USER ACCOUNTS AND SECURITY

 

5.1 User Accounts

To use certain features of the Site or participate in the Program, you may be required to create an account and provide us with your name, job title, work email address, work phone number, and certain other information about yourself. You are solely responsible for the information associated with your account and anything that happens related to your account. You agree to provide true, accurate, current, and complete information as requested by any forms and maintain and update such information to keep it true, accurate, current, and complete. Your failure to maintain true, accurate, current, and complete information may result in your inability to participate in the Program.

 

5.2 Account Security 

Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account passwords. You agree to notify us immediately if you become aware of any unauthorized use of your password or your account at info@themayerfoundation.org

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5.3 Account Sharing or Transfers

Accounts are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else. Similarly, you may not use another user’s account without permission and you agree that you will not solicit, collect or use the login credentials of other users.

 

5.4 Account Deletion by You

You may delete your account at any time by contacting us as described in Section 20 (Contact Information).

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5.5 Account Deletion by Us

The Mayer Foundation may terminate your account at any time for any reason or no reason, including if: (a) the Mayer Foundation determines that you are (i) in breach of or otherwise acting inconsistently with these Terms or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to the Mayer Foundation; (b) the Mayer Foundation determines it is required by law to terminate your account; or (c) the Mayer Foundation decides to stop providing the Site or the Program (or critical portions thereof). When terminating your account, the Mayer Foundation may delete your account and the information in it. You have no ownership rights to your account.  

 

6. INTELLECTUAL PROPERTY RIGHTS

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6.1 Trademarks
The Mayer Foundation name and logo are trademarks and service marks of the Mayer Foundation. You do not have the right to use any of our trademarks, service marks or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.

 

6.2 Ownership

You acknowledge that all intellectual property rights in the Site and the Program, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all content in the Site and the Program and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of the Mayer Foundation, and are protected by intellectual property laws. You acknowledge and agree that the Mayer Foundation, and/or its licensors, owns all right, title and interest in and to the Site and the Program, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Site is protected by U.S. and international copyright laws. Further, you acknowledge that the Site or the Program may contain information that the Mayer Foundation has designated as confidential and you agree not to disclose such information without the Mayer Foundation’s prior written consent. Nothing posted on the Site or made available through the Program grants a license to any the Mayer Foundation trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Site or the Program is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of the Mayer Foundation. When accessing the Site or participating in the Program, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site or the Program is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. 

 

7. THIRD-PARTY SITES AND SERVICES

 

The Site may contain links to or allow you to share content directly with other third-party websites, or contain videos posted by our partners (“Third-Party Sites”). You acknowledge that we have no control over the Third-Party Sites and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk. 

 

These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content, or other material contained in the Third-Party Sites and we have no association with their operators. Your use of the Third-Party Sites will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.


8. NOTICE FOR CALIFORNIA RESIDENTS

 

Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Ste N-112 Sacramento, CA 95834, or by telephone at 800-952-5210.

 

9. NOTICE FOR NEW JERSEY RESIDENTS

 

If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you: Section 11 (Warranty Disclaimer), Section 12 (Limitation of Liability), and the California governing law provision of Section 15 (Governing Law), below (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

 

10. INDEMNITY

 

You agree to indemnify and hold us and our affiliates, and their respective partners, licensees, licensors, officers, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and costs), arising out of or in connection with: (a) your use of the Site or the Program; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third-party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties. 

 

11. WARRANTY DISCLAIMER 

 

WE PROVIDE THE SITE AND THE PROGRAM ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SITE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SITE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Site or provided through the Program is accurate, complete or up-to-date. 

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SITE OR THE PROGRAM, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD-PARTIES WITH RESPECT TO THE SITE OR THE PROGRAM AND ALL INFORMATION AND CONTENT INCLUDED ON THE SITE AND THE PROGRAM.

 

No information or advice obtained through the Site or the Program, or affirmation by us, by words or actions, shall constitute a warranty. We only supply the Site and the Program for domestic and private use. You agree not to use the Site or the Program for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

 

12. LIMITATION OF LIABILITY

 

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SITE OR THE PROGRAM OR YOUR INABILITY TO ACCESS OR USE THE SITE OR THE PROGRAM) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SITE, THE PROGRAM, OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF THE MAYER FOUNDATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

Your sole remedy for dissatisfaction with the Site or the Program including, without limitation, content on the Site, is to stop using the Site and refrain from participating in the Program. Such limitation shall also apply with respect to damages incurred by reason of any information or advice received through or in connection with the Site or the Program or any content posted by a third-party or conduct of a third-party on the Site.

 

In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Site, the Program, or under these Terms whether in contract, strict liability, tort (including negligence) or otherwise, shall not exceed, under any circumstances, One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Site or the Program must be brought within one year after such claim or cause of action arises or be forever barred.

 

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE MAYER FOUNDATION’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE MAYER FOUNDATION’S CHOICE OF LAW PROVISION SET FORTH BELOW.

 

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

 

13. TERMINATION

 

We may terminate these Terms and/or your permission to use the Site or participate in the Program immediately, without prior notice or liability, if: (a) you commit any breach of these Terms; (b) we discontinue the Site or the Program; or (c) we are prevented from providing the Site or the Program for any reason. 

 

Furthermore, we reserve the right to change, edit, suspend, delete and/or cancel any part of the Site or the Program and/or your access to them at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.

 

On termination of these Terms for any reason: (x) all rights granted to you under these Terms will cease immediately, (y) you must immediately cease all activities authorized by these Terms (including your use of the Site or participation in the Program), and (z) you acknowledge that we may restrict your access to the Site and the Program. Sections 3-4 and 8-18 will survive any termination or expiration of these Terms. 

 

14. COMMUNICATION BETWEEN US

 

If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by email or as otherwise indicated in Section 20 (Contact Us) at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.

 

15. GOVERNING LAW

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These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of California, consistent with the Federal Arbitration Act, without regard to any choice or conflict of laws principles.

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16. DISPUTE RESOLUTION

 

16.1 User Concerns

Most user concerns can be resolved quickly and to the user’s satisfaction by contacting us at the contact details in Section 20 (Contact Us) below.

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16.2 Disputes

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes. Any controversy, allegation, or claim that arises out of or relates to the Site, the Program, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, the remaining portions of the arbitration provisions will remain in force.

 

16.3 Arbitration Procedures

In the event your concern cannot be resolved informally, you and the Mayer Foundation agree that, except as provided in Section 16.6 below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 16 (Dispute Resolution) and the JAMS Rules, the terms of this Section will control and prevail.

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Except as otherwise set forth in Section 16.6 below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and the Mayer Foundation will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decisions regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and the Mayer Foundation may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. 

 

IF THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BYA NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.           

 

16.4 Location

The arbitration will take place in the City and County of Los Angeles, California, United States of America, unless the parties agree to video, phone, or internet connection appearances.

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16.5 Limitations

You and the Mayer Foundation agree that any arbitration shall be limited to the Claim between the Mayer Foundation and you individually. YOU AND THE MAYER FOUNDATION AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION. 

 

16.6 Exceptions to Arbitration

You and the Mayer Foundation agree that the following Claims are not subject to the above provisions concerning binding arbitration: (a) any Excluded Dispute; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

 

16.7 Arbitration Fees

If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we initiate arbitration for a Claim, we will pay the costs charged by JAMS for initiating arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

 

16.8 Severability

You and the Mayer Foundation agree that if any portion of this Section is found illegal or unenforceable (except for any portion of Section 16.6), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 16.6 is found to be illegal or unenforceable then neither you nor the Mayer Foundation will elect to arbitration any Claim falling within that portion of Section 16.6 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the City and County of Los Angeles, California, United States of America, and you and the Mayer Foundation agree to submit to the personal jurisdiction of that court. 

 

17. OTHER IMPORTANT TERMS

 

17.1 Assignment

The rights granted to you under these Terms may not be assigned without the Mayer Foundation’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

 

17.2 Severability 

Except as otherwise provided in Section 16.8, if any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.

 

17.3 Attorneys’ Fees

In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 16.7, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.

 

17.4 No Waiver

Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by the Mayer Foundation of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.

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17.5 Equitable Remedies

You acknowledge and agree that the Mayer Foundation would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

 

17.6 Entire Agreement

These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and the Mayer Foundation with respect to the Site and the Program and supersedes any and all prior agreements between you and the Mayer Foundation relating to the Site or the Program.

 

17.7 Transfer

We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms. 

 

18. YOUR PROMISES TO US
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When applying for the Program, you represent and warrant that the application is about your organization, and you are authorized to submit an application on behalf of the organization. You also represent and warrant that you will complete the application honestly and with integrity, and will not engage in fraud, dishonesty, or any act of material misconduct.

 

19. CHANGES TO THESE TERMS

 

We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Site (we may also email you about any material changes to these Terms). We want you to be informed of important changes to our Terms, but some changes are not that important — we don't want to bother you every time we fix a typo.  So, while we may modify these Terms at any time, we will notify you of any changes that affect your rights. We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Site or the Program (or any part of them) with or without notice.

 

20. CONTACT US >

 

If you have any questions or comments relating to the Site, the Program or these Terms, please contact us at:

The Herbert R. & Jeanne C. Mayer Foundation

PO Box 1778

Laguna Beach, CA 92652
info@themayerfoundation.org​

Permitted Use and Restrictions
Your Access To The Site
IDEA SUBMISSIONS
Privacy
USER ACCOUNTS AND SECURITY
INDEMNITY
YOUR PROMISES TO US
INTELLECTUAL PROPERTY RIGHTS
THIRD-PARTY SITES AND SERVICES
NOTICE FOR CA RESIDENTS
NOTICE FOR NEW JERSEY RESIDENTS
WARRANTY DISCLAIMER
LIMITATION OF LIABILITY
TERMINATION
COMMUNICATION BETWEEN US
GOVERNING LAW
DISPUTE RESOLUTION
OTHER IMPORTANT TERMS
CHANGES TO THESE TERMS
CONTACT US
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