General
This website is owned and operated by the Fowler Family Fund (“the Fund”) and contains material which is derived in whole or in part from the Fund and other sources. This website and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this website, including code and software for any commercial purposes. You may only download material from this website for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
The Fund agrees to provide you access to its website subject to these Terms of Use. You agree to use our service in accordance with these Terms. Because the web is an evolving medium, we may need to change these Terms of Use from time to time, in which case we will post the revised Terms of Use on the website. By continuing to use the Fund’s website after we post any such changes, you accept the Terms of Use, as modified.
License to The Fund
When you post a message, upload a file, or otherwise provide us with material for display on the website, you are granting the Fund a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
1. use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and
2. sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Privacy
Please refer to the Privacy Policy page of the Fund’s website for a description on how we handle and protect your personal data in connection with the Site.
Disclaimer
The Fund may provide links to other websites merely for your convenience. The Fund does not control these linked websites and makes no representation regarding the quality, nature, or reliability of any other websites. The inclusion of any link does not imply the Fund’s endorsement of such linked website. Anyone linking to the Fund website must comply with the Fund’s Website Linking Requirements (see next section) and all applicable laws.
THE MATERIALS IN THIS WEBSITE AND THE THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE FUND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE.
THE FUND DOES NOT WARRANT THAT THIS WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FUND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE OR IN THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT THE FUND) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
Website Linking Requirements
Unless we have a written agreement with you, you may not present the link to our website in any way that suggests the Fund has any relationship or affiliation with your website, or endorses, sponsors, or recommends the information, products, or services on your website. Link only to the home page of the Fund’s website, unless you have the Fund’s prior, written permission to link to another page. Also, you may not without the Fund’s prior, written permission: (a) incorporate any content from our website into your website (e.g., by in-lining or framing); (b) use any the Fund name or tagline or other information identifying the Fund website in any “metatag” or other information used by search engines or other information location tools to identify and select websites. The Fund will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful website, or any website that may adversely affect the Fund’s name, reputation, and/or goodwill. The Fund reserves the right to cancel permission to link at any time and for any reason.
Interactive Areas
Services offered on the Fund’s website may include bulletin boards, forums, and chat rooms (“Interactive Areas”) which allow feedback to the Fund and real-time interaction between users. The Fund does not control the messages, information or files delivered to its unmoderated Interactive Areas. It is a condition of your use of the Interactive Areas and this website that you do not:
Restrict or inhibit any other user from using and enjoying the Interactive Areas.
Pose or transmit any information you know to be false or misleading.
Post or transmit any information that, in the Fund’s opinion, is inappropriate for children.
Collect or store personal data about other users of the Interactive Areas.
Impersonate another person, whether a third party or a Fund representative or moderator; or falsely state or otherwise misrepresent your affiliation with a person or entity.
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
Post or transmit any information, software or other material that violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
Post or transmit any information, software or other material that contains a virus or other harmful component.
Post, transmit or in any way exploit any information, software, or other material for commercial purposes, or which contains chain letters, junk mail, pyramid schemes or other forms of advertising.
You understand that the Fund has no obligation to monitor the Interactive Areas. However, the Fund reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in the Fund’s sole discretion are objectionable or in violation of these terms and conditions. The Fund reserves the right to terminate your access to the Interactive Areas upon breach of these terms and conditions.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall the Fund, or any parties affiliated with the Fund, be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the Fund materials, products or services, or third-party materials, products or services made available through the Fund. You specifically acknowledge and agree that the Fund is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with any the Fund materials, products, or services or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Fund’s website.
Termination
These Terms of Use are effective until terminated by the Fund, at any time without notice. In the event of termination, you are no longer authorized to access the bulletin boards and the restrictions imposed on you with respect to material downloaded from the bulletin boards, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
Other
These Terms of Use constitute the entire agreement between you and the Fund with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written and oral. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Oregon without giving effect to any principles or conflicts of law. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.