Welcome to The Pete and Thomas Foundation. These Terms of Use ("Terms") govern your access to and use of our website, accessible at https://www.peteandthomasfoundation.org/privacy, and any other services we provide (collectively, the "Services").

1. Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services. These Terms constitute a legally binding agreement between you and The Pete and Thomas Foundation.

2. Intellectual Property Rights

Ownership

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by The Pete and Thomas Foundation, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Trademarks

Our company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of The Pete and Thomas Foundation or its affiliates or licensors. You must not use such marks without our prior written permission.

User Content

You may be able to submit content to the Services. You retain all rights in, and are solely responsible for, the content you post. However, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display your content.

3. User Responsibilities

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and these Terms, and for any content you provide.

4. Prohibited Activities

You agree not to use the Services to:

• 
  Violate any applicable federal, state, local, or international law or regulation.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
• Impersonate or attempt to impersonate The Pete and Thomas Foundation, an employee, another user, or any other person or entity.
• Use the Services in any manner that could disable, overburden, damage, or impair the site.

Automated Access and Data Collection Prohibited. You may not use any automated means, including robots, spiders, scrapers, data mining tools, or similar data gathering or extraction methods, to access, collect, copy, or monitor the Services, any data or content, or any portion thereof, without our express written consent. This prohibition includes, but is not limited to:

• 
  Using bots, crawlers, spiders, or scrapers to harvest data or content
• Employing automated scripts to create user accounts or send messages
• Circumventing any technical measures we employ to prevent such automated access
• Scraping, data mining, or extracting data for any purpose including competitive analysis

AI/ML Training Prohibition. You may not use the Services or any content therein for the purpose of training machine learning or artificial intelligence (AI) models, whether for commercial or non-commercial purposes, without our prior written authorization. Any unauthorized use of our content to train AI systems is strictly prohibited and may result in legal action.

5. Disclaimers of Warranties

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. THE PETE AND THOMAS FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PETE AND THOMAS FOUNDATION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;

(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;

(C) ANY CONTENT OBTAINED FROM THE SERVICES; OR

(D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE PETE AND THOMAS FOUNDATION'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US IN THE PAST TWELVE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

7. Indemnification

You agree to indemnify, defend, and hold harmless The Pete and Thomas Foundation, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.

8. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

Arbitration Agreement

Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. 

Class Action Waiver

You agree that any claims must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

9. Termination

We may terminate or suspend your access to all or part of the Services, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

10. Changes to These Terms

We reserve the right to modify these Terms at any time. We will post the revised Terms on the site and update the "Effective Date." By continuing to use the Services after the changes become effective, you agree to be bound by the revised Terms.

11. Miscellaneous Provisions

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

12. Contact Information

If you have any questions about these Terms, please contact us at:

Email: info@peteandthomasfoundation.org