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The Endowment Project Foundation

PRIVACY POLICY

At The Endowment Project Education Foundation, dba The Endowment Project Foundation (“TEPF”, “We”, or “Us”) we are committed to respecting your privacy. This policy is intended to help you understand the types of information we collect and receive, why we collect it, what we do with that information, and with whom we share this information.
In addition to this policy, please also read our Terms of Use which applies to our Website. By using our platform, you agree to be bound by our terms of use and consent to the data practices described in this policy.
This policy applies to individuals who browse and use our Website (www.tepf.org) and affiliate websites or applications (including mobile apps) hosted by TEPF (all of such Internet locations collectively referred to as the “Website”), and those individuals whose information is provided to us, either directly or by third party service providers (“Partners”) for the purposes described in this policy

WHAT INFORMATION DO WE COLLECT?

TEPF is a 501(c)(3) organization with its mission to enhance public education by closing the funding gap between public and private high school education in the U.S. through building a culture of direct, focused, and impactful philanthropy designed to support school-level and systemic public education needs.. As such, any information we collect serves to further our mission and legitimate business interests. You may be asked to provide personal information when you interact with us, one of our Partners, affiliates, or subsidiaries. The types of information we collect from you depend on how you use our Website or services, and how you interact with us. Not all of the following types of information will apply to everyone. The following types of information may be collected by or on behalf of TEPF or our Partners:
  • Contact details, such as your name, address, telephone number, email address; Login information if you register with us;
  • Credit card and billing information provided for donations and purchases; Information related to a donation, grant, fund, or our other services;
  • Information you provide when you interact with us to subscribe to our newsletter, respond to a survey, attend our events, or similar activities;
  • Background information if you apply for a job; and
  • Technical information that is created and logged automatically when you use our Website.
This might include information about your device and how you interact with our Website, including the following:
  • The Internet Protocol (“IP”) address of the device you use to connect to the internet (which may include information about your geographic location)
  • the unique identifiers of your device
  • your browser characteristics
  • your device characteristics
  • your operating system
  • your language preferences
  • the websites you visited before coming to our Website or through which you were referred to our Website
  • information on actions taken by you on our Website
  • dates and times of your visits to our Website
  • the pages you accessed on our Website.

HOW DO WE COLLECT YOUR INFORMATION?

  1. We Collect Information Directly from You.
    We may collect and receive information directly from you, including when you:
    • use or access our Website, such as when you donate, register an account, fill out an application, fill out a form, or respond to a survey;
    • communicate with us by email, telephone, in writing, or social media;
    • register to attend or attend our events either virtually or in-person; and/or
    • use any of our services, including when you interact with us or receive assistance.
  2. We Collect Information Automatically When You Access Our Website. Like many websites, we automatically collect information from your browser or mobile device when you use or interact with our Website. We collect this information to improve our Website, to better understand you and to communicate with you. This information may include:
    • how you interact with our Website, such as the pages you view or how long you stay on our Website;
    • computer and connection information such as browser type, version, and time- zone setting;
    • your browser plug-in type and version;
    • your device's operating system and platform; and
    • your Internet Protocol (IP) address and device identification.
    Most web browsers provide options to control or manage the automatic collection of information such as your IP address, browsing history, and other usage information. We recommend reviewing your browser’s help section or privacy guides for specific instructions on managing these settings based on your preferences. Please note that disabling or adjusting certain data collection features in your browser may impact the functionality or performance of our Website and related services.
  3. We Collect Information from Other Sources.
    • We may collect and receive information about you from other sources, such as: individuals requesting services for or on your behalf;
    • background information about you in connection with your application for a job;
    • publicly available sources; and/or
    • marketing service providers.

HOW DO WE USE YOUR INFORMATION?

We collect and use your information so that we can operate effectively, provide the service you have requested, and provide you with the best experience when you interact with us. Providing this information to us ensures that you are receiving the necessary services, consistent with your rights and interests. We also use the information we collect for the following purposes:
  • Processing of donations and grants. Completing the donation transaction; accepting and processing grant applications;, customizing our services to your preferences;, and keeping proper records of those transactions.
  • Customer support. Notifying you of any changes to our services; responding to your inquiries via email, phone, writing, or social media; investigate and address concerns raised by you; and monitor and improve our customer support responses.
  • Improving our services. Conducting data analysis and audits; developing new products and services; enhancing our Website; improving our services; identifying usage trends and visiting patterns; conducting customer satisfaction, market research, and quality assurance surveys; determining the effectiveness of our promotions; and meeting contractual obligations.
  • Marketing and Fundraising. To communicate news about our services, features, content, and other information we think may be of interest to you.
  • Legal proceedings and requirements. Investigating or addressing claims or disputes relating to your use of our services; or as otherwise allowed by applicable law; or as requested by regulators, government entities, and official inquiries.

HOW DO WE SHARE YOUR INFORMATION?

We may share personal information we collect with:

Affiliated Entities

We may share personal information with our Partners, subsidiaries, and affiliates, for the purposes described in this privacy policy.

Strategic Partners

From time to time, we may enter a relationship with another company that is not owned by or affiliated with TEPF to provide additional features on the Website or provide additional programming that may be of interest to our donors, stakeholders, and community of supporters. These relationships may include partners, sponsors, and co-branded sites (referred to here as “co-branded pages”). Any information, including personal information that you provide on one of these co-branded pages, may be shared with such Partners or sponsors. By participating in activities or providing your personal information on these co-branded pages (or by accessing these co-branded pages or the Website), you consent to us providing your personal information to such Partners or sponsors. Partners or sponsors will use your personal information in accordance with their own privacy practices, so you should review their privacy policies. We may share your personal information with such strategic partners so that they may communicate with you directly about their services.

Service Providers

We may use third party service providers to help us operate our business and the Website or administer activities on our behalf, such as sending emails, fulfilling donations or requests.

Other Disclosures

In addition to the third parties described above, personal information may also be shared with parties outside of TEPF: (i) as permitted by law, (ii) in the event of a transfer of ownership, assets or a bankruptcy of TEPF, (iii) if we determine that disclosure of specific information is necessary to comply with the request of a law enforcement or regulatory agency or other legal process, or (iv) to protect the interests or safety of TEPF or visitors to the Website, such as to investigate fraud.

Consent

We may share your personal information other than as described in this policy if you give us your consent to do so.

HOW LONG DO WE KEEP YOUR INFORMATION?

To the extent permissible by applicable law, we will retain your personal information for such period as necessary to satisfy or to fulfill the following:
  • the purposes for which the personal information was provided;
  • an identifiable and ongoing business need, including record keeping;
  • a specific legal or regulatory requirement; and/or a requirement to retain records that may be relevant to any notified regulatory investigations or active legal proceedings.

WHERE DO WE STORE AND SECURE YOUR INFORMATION?

Our place of business is in the United States and we process and store personal information within the United States. If you are visiting this Website from outside the United States, your information will be transferred to, stored, and processed in the United States where our servers are located and TEPF is based. TEPF complies with laws in the United States that are applicable to TEPF's business practices with respect to the privacy and security of personal information. We use reasonable technical and organizational security measures to protect the security of your personal information. However, despite our safeguards and efforts to secure your personal information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, and WE CANNOT AND DO NOT GUARANTEE AND HEREBY EXPRESSLY DISCLAIM THAT INFORMATION USERS PROVIDE TO TEPF OR ON THE WEBSITE WILL BE TOTALLY SECURE. You should only access the Website within a secure environment, and any provision or transmission of personal information to and from our Website is at your own risk.

WHAT CHOICES DO YOU HAVE?

Choices Regarding Your Personal Data: We strive to provide you with choices regarding the personal data you provide to us. We have created mechanisms to provide you with the following control over your information: If you register with us, you may review and change your personal data by logging into the Website visiting your account profile page. You may also send us an email at info@tepf.org to request access to, correct or delete any personal data that you have provided to us.
  • Access. You may request access to your personal information.
  • Correction. You may request correction of the personal information we hold about you.
  • Deletion. You may request deletion of the personal information we hold about you. However, we cannot delete your personal data except by also deleting your user account. Please note that we may be required to retain certain information and your personal data by law or for our legitimate business purposes. . If you delete your user account, copies of your contributions made through the Website may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.
  • Opt-out. You may choose to opt-out of the processing of your personal information for certain purposes and under certain conditions, such as the processing of your personal information for direct marketing purposes. You can also opt-out of receiving direct marketing communications from us by following the unsubscribe instructions included in each email communication. Please note that even if you opt-out of marketing emails, we may still need to send you transaction emails related to your account, security updates, your transactions with us, and other administrative messages.
  • Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal data with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email stating your request to info@tepf.org.
  • Transfer. You may request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

DO WE USE COOKIES?

We use various technologies to automatically collect and store information when you visit our Website. These technologies allow us to serve you better. They allow us to understand website and internet usage and to improve or customize our Website. For example, we may use cookies to personalize your experience at our Website (e.g., to recognize you when you return), or save your password in password-protected areas.
The technologies we use for this automatic data collection may include:
  • Cookies. A cookie is a small file that is stored on your computer, to enable our site to store information such as your website preferences, so that we can remember certain choices you have made. Cookies can also be used to recognize your device so that you do not have to provide the same information more than once.
  • Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as pixel tags or single pixel gifs) that permit us, for example, to count users who have visited certain web pages and for other related website statistics.
  • Other Technologies. There are other local storage and internet technologies, such as local shared objects (also referred to as “flash cookies”) and HTML5 local storage, which operate similarly to the technologies discussed above. You may be able to refuse or disable cookies by adjusting your web browser settings. Some browsers have options that allow the visitor to control whether the browser will accept cookies, reject cookies, or notify the visitor each time a cookie is sent. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). Please note that you may need to take additional steps to refuse or disable local shared objects and similar technologies. If you choose to refuse, disable, or delete these technologies, some of the functionality of the Website may no longer be available to you. You can learn more about cookies by visiting www.allaboutcookies.org or www.youronlinechoices.eu.

GOOGLE ANALYTICS

Google Analytics is a web analysis service provided by Google that utilizes cookies to monitor website traffic. We use Google Analytics to collect, track and examine data about the Website. We may run reports based on the data we collect, and we may share the data with other Google services. Google may use the data to personalize and customize the advertisements that are served to you from its advertising network. Google may not respond to “Do Not Track Signals” from your browser.

DO NOT TRACK POLICY

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites that you do not wish such operators to track your online activities over time and across different websites. Our Website is not configured to read or respond to "do not track" settings or signals in your browser headings.

INFORMATION ABOUT CHILDREN

Our Website and any mobile applications are intended for general audiences and not directed to children under the age of 13. We comply with the requirements of the U.S. Children’s Online Privacy Protection Act (COPPA) and do not knowingly collect personal information directly from any person under thirteen (13) years of age without verifiable parental consent, and we will not knowingly link to any third-party website that solicits or collects personal information from any person under thirteen (13) years of age. If TEPF is informed that it is improperly in possession of such information or that we have linked to such a third-party website, the information will be deleted.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you may request information regarding the disclosure of your personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@tepf.org or write to us at: The Endowment Project Foundation; Attn: Privacy; 1717 East Cary Street, Richmond VA 23223.

SOCIAL MEDIA WIDGETS

The Website includes social media features, such as the Facebook, Instagram, LinkedIn, and YouTube buttons, that run on our Website. These features may collect your IP address and which page you are visiting on our Website and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.

HOW WILL WE NOTIFY YOU OF CHANGES TO THIS POLICY?

We may occasionally update this policy. When this occurs, the new policy will be posted on the Website. You should check the Website periodically to review the most recent policy. Your use of the Website or providing personal information to TEPF or any of our Partners after any update, modification, or change to this policy constitutes your acceptance of and agreement to such updates, modifications, or changes.

CONTACT US

Questions, comments, or complaints about TEPF's data practices can be sent to us by sending an email to info@tepf.org or write to us at: The Endowment Project Foundation; Attn: Privacy; 1717 East Cary Street, Richmond VA 23223.  

WEBSITE TERMS OF USE

ACCEPTANCE OF THE TERMS OF USE

Thank you for using our Website. Our Website is provided by The Endowment Project Education Foundation, dba The Endowment Project Foundation (“TEPF”), a 501 (c) (3) public charity, located at 1717 East Cary Street, Richmond, VA, 23223 (EIN: 92-4023942).

These terms apply to individuals who browse and use our Website (www.tepf.org) and affiliate websites or applications (including mobile apps) hosted by TEPF (all of such Internet locations collectively referred to as the “Website”).

By using this Website, you agree to these Terms of Use (“Terms of Use” or “Terms”), which govern your access to and use of the Website, including any content, functionality, and services offered on or through our Website.

Please read these Terms carefully before you start using the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you

USING OUR WEBSITE

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

INTELLECTUAL PROPERTY RIGHTS

Using our Website does not give you ownership of any intellectual property rights in our Website or the content you access. You may not use content (such as text, graphics, photographs, video, audio, features, code, displays, images, and other data or information relating to any subject) ("Content"), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, which are owned by TEPF, its licensors, or other providers of such material, and are protected in all forms, media and technologies existing now or hereinafter developed, from our Website unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used on our Website. Don’t remove, obscure, or alter any legal notices displayed on our Website. The Website and its 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 protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part.
Unless permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download a copy of a reasonable number of pages of the Website for your own use and not for further reproduction, publication, or distribution.
You must not:
  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by TEPF. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS

The TEPF name, the TEPF logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TEPF or its affiliates or licensors. You must not use such marks without the prior written permission of TEPF. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, trademarks and brands does not imply endorsement of or association with The Endowment Project Foundation.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate TEPF, a TEPF employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm TEPF or users of the Website, or expose them to liability.
Additionally, you agree not to:
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS TEPF AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TEPF OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER TEPF OR LAW ENFORCEMENT AUTHORITIES.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website includes content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by TEPF, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

AGE OF USERS

The TEPF Website and services are directed towards adults. Individuals under the age of sixteen (16) are not permitted to use our website without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of sixteen (16). Should we learn that someone under the age of sixteen (16) has provided any personal information to or on our website, we will remove that information as soon as possible.

CHANGES TO THE WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. This Website may provide certain social media features that enable you to:
  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the State of Virginia in the United States. We provide this Website for use by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TEPF NOR ANY PERSON ASSOCIATED WITH TEPF MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TEPF NOR ANYONE ASSOCIATED WITH TEPF REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, TEPF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TEPF, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless TEPF, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, or your use of any information obtained from the Website.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Virginia, in each case located in the City of Richmond. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

At TEPF's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Virginia law.

TEPF’S OPTION TO LITIGATE

Alternatively, at TEPF’s sole option, a claim (including claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in the City of Richmond, Virginia.

NO CONSOLIDATION

Any claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by TEPF of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TEPF to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use, and our Privacy Policy, constitute the sole and entire agreement between you and TEPF regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

YOUR COMMENTS AND CONCERNS

This website is operated by TEPF, located at 1717 East Cary Street, Richmond VA 23323. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@tepf.org or The Endowment Project Education Foundation; Attn: Privacy; 1717 East Cary Street, Richmond, VA, 23223.