Privacy Policy

Introduction

This Web Site (the “Web Site”) is provided to you under these “Terms of Use” and any amendments or supplements to them that may be posted by the [insert name of project], a project of The Pew Charitable Trusts (“PCT”) from time to time (collectively, the “Agreement”).  Your use of this Web Site shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement.  If you are not willing to accept the Agreement’s terms and conditions, we ask that you not use the Web Site.

Contact Information

If you have any questions or concerns with respect to the Agreement or the Web Site you may contact the designated representative of PCT, [insert contact name], by mail or by email at: [insert street and e-mail addresses]

Compliance with Laws

You agree to comply with all applicable local laws regarding your use of the Web Site.

Protection of Intellectual Rights and License

You acknowledge that this Web Site and all of its current and future content, including, without limitation, content in the form of text, graphics, messages, posts, data, information and other materials (collectively, the “Content”) whether provided by PCT or provided by third-parties, is protected by copyrights, trademarks, patents, or other proprietary rights and laws. You may only use the Content as expressly set forth in this Agreement.

UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED.

Subject to your compliance with these terms, PCT hereby grants you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to access, download and view a single copy of the Content. You must retain all copyright, trademark and other proprietary notices contained in the original Content or any copy you may make of the Content. You may not, nor may you allow or aid or abet any third party (whether or not for your benefit) to, copy or adapt any code that comprises the Web Site’s software, HTML, JavaScript, or otherwise reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code used to generate the Web Site or any software or other products or processes accessible through the Web Site, nor insert any code or product to manipulate the Content in any way that affects any user’s experience. Unless otherwise expressly authorized in this Agreement or on the Web Site, you further agree that you will not modify, reproduce, archive, transfer by any means, create derivative works from, publish in any form, online or offline, disseminate, or circulate to any third-party, or otherwise use the Content in any way for any public or commercial purpose.

Other Web Sites

The Web Site may provide links to other sites and/or resources over which PCT has no control.  These links are provided solely as a convenience to users and should not be construed as an endorsement by PCT of content on those third-party web sites.  You access and use such sites solely at you own risk.  PCT makes no representations or warranties with respect to the Content, ownership, or legality of any such linked Web sites.

Linking to the Web Site

If you link to this Web Site you may link only to the home page, and the link must be in plain text, unless otherwise pre-approved in writing by PCT.  The link to this Web Site must not damage, dilute or tarnish the goodwill associated with the name PCT or the name of any entity affiliated with PCT or any other intellectual property connected in any way to PCT, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with PCT or its affiliated entities.  You may not “frame” this Web Site or alter its intellectual property or Content in any way.  You may not link to the Web Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in the sole discretion of PCT).  PCT reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with this Web Site or this Agreement.

Information Disclaimer

THE INFORMATION ON THE WEB SITE IS INTENDED SOLELY AS AN EDUCATIONAL AND RESEARCH AID. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEB SITE.  PCT AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT ON THE WEB SITE.  PCT CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT

Ownership

This Web Site is owned by PCT.  All right to, title to, and interest in the Content displayed on the Web Site, including but not limited to the Web Site’s look and feel, data, information, text, graphics, images, designs, trademarks, service marks, trade names, and URL, are the property of PCT and/or its licensors.

Disclaimer of Warranties with Respect to Use of Web Site

YOU UNDERSTAND AND AGREE THAT THE WEB SITE AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PCT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF NONINFRINGEMENT OF ANY THIRD PARTY RIGHT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

PCT DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.  PCT MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. PCT IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PCT OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Privacy

The information that we obtain through your use of the Web Site, whether through the registration process or otherwise, is subject to this privacy statement.  Unless otherwise disclosed in this privacy statement, PCT will only share your personally identifiable information (such as name and address) with third parties under the following limited circumstances:
  • Third parties providing services on our behalf: PCT may employ other companies and individuals to perform functions on our behalf.  Examples include, without limitation, hosting and administering this Web Site, analyzing data, and sending communications on our behalf.  These third parties may have access to this Web Site’s user information, including personally identifiable information, in order to perform these functions on our behalf.
  • Legal protection: PCT may transfer and disclose information about our users, including personally identifiable information, and may use IP addresses to identify users in cooperation with internet service providers or law enforcement agencies, to comply with a legal obligation, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing the Web Site and applicable laws, or to protect the legal rights, interests, or safety of PCT, the Web Site, our users or others.  This privacy statement does not apply to any information that you may disclose publicly in user forums.  PCT bears no responsibility for any action, inaction, or policies of any third parties who collect information that users may disclose in user forums or other public areas of this Web Site.  
By using this Web Site, you accept our privacy practices as outlined in this privacy statement.  If you are unwilling to accept the terms and conditions of this privacy statement, we ask that you not use the Web Site.  PCT reserves the right to modify, alter or otherwise update this privacy statement at any time.  If this privacy statement changes, the revised statement will be posted on this Web Site.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL PCT BE LIABLE TO YOU  FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, PUNITIVE OR CONSEQUENTIAL DAMAGES), INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT,  STRICT LIABILITY, OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THIS WEB SITE) RESULTING FROM OR IN CONNECTION WITH
  1. THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT;
  2. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  3. THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR
  4. ANY OTHER MATTER RELATING TO THE WEB SITE.  THESE LIMITATIONS WILL APPLY WHETHER OR NOT PCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification

You agree to indemnify and hold harmless PCT, its directors, officers, employees, agents, subsidiaries, parents, affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with
  1. your use of the Web Site or any Content;
  2. your breach of the Agreement or any law, rule or regulation; and
  3. your connection to the Web Site.  You will cooperate as fully and reasonably required by PCT in the defense of any claim.  PCT reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of PCT.

Modification or Suspension of the Web Site

You agree that PCT may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that PCT will not be liable for the consequences of doing so.

Termination

You agree that PCT may, in its sole discretion, and at any time, terminate your use of the Web Site without prior notice to you for any reason that PCT, in its sole discretion, deems appropriate.  You further agree that PCT will not be liable to any third party for the consequences of any termination of your use of or access to the Web Site.  In the event of any termination of your use or access to the Web Site, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights, Trademark Notices, Disclaimer of Warranties with Respect to Use of Web site, Limitations of Liability, Indemnification, Severability of Agreement, Limitations of Actions and Applicable Law shall survive any such termination.

Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect. No waiver of any of the terms of this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of PCT.

Limitations of Actions

You agree that any claim or cause of action arising out of your use of the Web Site or the Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations to the contrary.

Applicable Law

The Agreement and the resolution of any dispute related to the Agreement or the Web Site shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law.  Any legal action between PCT and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the Commonwealth of Pennsylvania, and you agree to submit to the personal and exclusive jurisdiction of such courts.