We know that many visitors to this website are concerned about the information they may provide and how we may use that information. AAFE is sensitive to those privacy concerns, and protecting your privacy is an important priority to us. Our Privacy Policy governs the collection, use, retention and disclosure of information we gather from this Website.
Accuracy of Information
Although AAFE makes reasonable efforts to ensure that the information provided through this website is current and accurate. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability. In addition, AAFE permits third parties to provide testimonials and information. AAFE also may, from time to time, post articles and other information provided by third parties that we believe might be of benefit or interest to our users. You acknowledge that the opinions and recommendations of third parties contained in this website are not necessarily those of the AAFE or endorsed by AAFE.
Intellectual Property on Website
This website (including without limitation, the information, content, or services provided on this website, and the design and layout of this website) is protected by copyright, trademark and other proprietary and intellectual property rights of AAFE and third parties. Except as expressly permitted herein, no portion of this website, including trademarks, logos and service marks, may be reproduced, displayed, downloaded (including without limitation, any pictures or images), or used in any form, or by any means, without the prior written permission from AAFE.
AAFE names and logos, trade dress, and all related product and service names, design marks and slogans (specifically including “Andre Agassi Foundation for Education”, and “With Education, There is Hope”) are the trademarks or service marks of AAFE (“AAFE Marks”). While we understand that you may not intend to cause any harm by using our protected AAF Marks, your use of any of the AAFE Marks may suggest a relationship or sponsorship of your organization that simply does not exist with AAFE. Moreover, as trademark and service mark owners, we are obligated under federal and common law to police the use of our marks and must monitor such for unauthorized use; otherwise, we risk the abandonment of our marks as well as the inability to enforce our rights against other third parties. Accordingly, you may not use or reproduce any of the AAFE Marks without our express, prior written consent.
AAFE hereby grants to you a non-exclusive and non-transferable license to view and print information, documents and web pages located on this website for non-commercial or educational use within your organization only, subject to the terms and conditions set forth herein and in accordance with the following conditions:
Digital Millennium Copyright Act
If you believe in good faith that any content appearing on this website infringes your copyright, you may send AAFE a notice that the infringing content should be removed or access to it blocked. The notice must include the following information, as required by The Digital Millennium Copyright Act of 1998, (“DMCA”) 17 U.S.C. Sec. 512:
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf
Also, be aware that there may be penalties for false claims under the DMCA.
Use of this Website
You may use this website for lawful purposes only and only in accordance with these Terms of Use. You are prohibited from using on this website, from transmitting to or through this website, or linking to or from this website (i) any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic, hateful or ethnically, racially or otherwise objectionable or harmful material, (ii) any material that would contribute to a civil or criminal offense, otherwise violates any law, or which infringes on any intellectual property right, (iii) any content referencing, facilitating, promoting or using the following: gambling, gaming, lottery, raffles, drawings, or prize promotions of any kind, including one of chance or skill that awards or provides a prize of value to a winner; or (iv) content that is used in a manner that is contrary to AAFE’s public image, goodwill, reputation or mission, or in a manner that is otherwise inappropriate, derogatory or offensive (collectively, “Objectionable Material”), in each case, as determined by AAFE in its sole and absolute discretion. AAFE reserves the right to delete, destroy or otherwise remove (or to require you to delete, destroy or otherwise remove) any Objectionable Material.
You agree to abide by all copyright and/or trademark notices and restrictions attached to the content and not to remove or alter any such notice or restriction or alter the content in any way.
Any information submitted or communicated to AAFE through use of this website that does not include personal information or data about you is non-confidential and non-proprietary, and AAFE may, without compensation to you, incorporate, distribute or otherwise use such information for any commercial or non-commercial purpose. AAFE is under no obligation to use or post any such information and may remove any information it does post at any time in its sole discretion, with or without notice to you.
You hereby agree that you will hold indemnify, defend, and hold harmless AAFE and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this website, including any information or material viewed or downloaded from this website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, or defamatory.
Disclaimer of Liability
This Website contains general information and may contain errors, omissions and inaccuracies. AAFE assumes no liability or responsibility for any such errors, omissions or inaccuracies or any other limitation that may arise in relation to this website. This website (including the content and information found on this website) should not be relied upon for any personal, commercial or financial matters, and you should consult an appropriate professional for advice based on your specific circumstances. AAFE may make modifications and/or changes to this website at any time without notice.
THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS BEING USED BY YOU STRICTLY AT YOUR SOLE RISK. AAFE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT (1) THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THIS WEBSITE OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, (2) ERRORS OR OMISSIONS THAT MAY BE CONTAINED IN THIS WEBSITE OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, (3) OR THAT THIS WEBSITE, THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, OR THE SERVER THAT MAKES EACH OF THESE AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, AAFE FURTHER DISCLAIMS AND DOES NOT REPRESENT OR WARRANT THE FOLLOWING: A) THAT AAFE’S WEBSITE WILL OPERATE WITHOUT INTERRUPTION, ERRORS, DEFECTS, BUGS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY DEFECTS APPEARING ON THIS WEBSITE WILL BE CORRECTED; B) LIABILITY OR RESPONSIBILITY FOR DAMAGE, THEFT, LOSS, INJURY OR CLAIM OF LIABILITY OF ANY KIND BASED ON OR RESULTING FROM ANY INFORMATION CONTAINED ON THIS WEBSITE OR AS A RESULT OF UNAUTHORIZED ACCESS TO, DAMAGE TO OR INTERCEPTION OF ANY DATA OR COMMUNICATIONS SENT TO OR FROM, SCRAPED FROM OR STORED ON THIS WEBSITE; AND C) LIABILITY OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED ON OR RESULTING FROM ANY INFORMATION OR CONTENT CONTAINED ON THIS WEBSITE.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE. AAFE HEREBY EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS IMPLIED BY STATUTE.
IN NO EVENT SHALL AAFE, ITS AFFILIATES, VENDORS, SUPPLIERS OR ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF THIS WEBSITE OR RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THIS WEBSITE AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE.
BY USING THIS WEBSITE, YOU AGREE TO INDEMNIFY, AND HOLD HARMLESS, AAFE, ITS AFFILIATES, VENDORS, SUPPLIERS OR ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, DAMAGES AND EXPENSES, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH ANY SUIT OR ACTION BROUGHT AGAINST AAFE, ITS AFFILIATES, VENDORS, SUPPLIERS OR ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS AS A RESULT OF YOUR USE OF THIS WEBSITE.
Some states do not allow certain exclusion of implied warranties, so the above exclusions with respect to implied warranties may not apply to you. Other states do not allow certain limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion of liability may not apply to you.
IN NO EVENT SHALL AAFE’S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH THIS WEBSITE AND ANY AND ALL INFORMATION, CONTENT AND SERVICES AVAILABLE VIA THIS WEBSITE, HOWEVER ARISING, EXCEED A MAXIMUM OF $10.00.
References and Links to Third Party Sites
This website may refer to, or provide hyperlinks to the webpage of, other individuals, companies, entities, organizations, products or services. These references and links (collectively, “Links”) are supplied to you merely as a convenience and the inclusion of any Link does not and shall not imply any approval, endorsement or recommendation by AAFE of such individuals, companies, entities or organizations, products or services.
Links to this website are permitted only in accordance with, and are subject to, our Terms of Use. Without limiting the foregoing, links to this website may nonetheless be provided from other sites either known or unknown to AAFE, and some links to this website may be unauthorized. Please note that accessing any other website linked to or from this website is done at your own risk. AAFE has not reviewed and is not responsible for the content of any third party sites linked to or from this website and does not make any representations regarding the content or accuracy of materials on such third party websites. AAFE is not responsible for the information, materials, or content contained at any website linked to or from this website.
With respect to any pictures, information, writings, or other content provided by you in connection with the services provided on this website or otherwise uploaded onto any of our website’s servers or provided to AAFE through our website or email (“Your Property”), you hereby grant to AAFE and its affiliates, licensees and assigns, a non-exclusive, perpetual, royalty-free, irrevocable, fully paid-up right and license to use Your Property (including any copyright and moral rights therein) throughout the world for any purpose in connection with the mission of AAFE, as set forth above. These purposes include, without limitation, the right and license to (a) record, film, tape, video-tape, photograph, broadcast (whether by the Internet, wire, satellite, laser, cable, or any other means whatsoever) and otherwise exploit the Your Property; (b) reproduce, print, publish and disseminate, in any medium whatsoever, your name, pictures, voice, likeness, interviews, and identity to the extent included in Your Property (collectively, “Likeness”) in connection with our use of Your Property; and (c) identify you as the source of the Likeness.
You acknowledge and agree that you will not receive any compensation whatsoever in connection with the use and exploitation of Your Property as contemplated above, or the exercise by AAFE of the rights granted to AAFE above.
The rights and licenses granted by you with respect to Your Property shall survive the expiration or termination of these Terms of Use for any reason.
Additional Terms
These Terms of Use constitute the entire understanding between the parties pertaining to the subject matter hereof and supersede all previous communications, proposals, representations and agreements, whether oral or written, relating to the subject matter hereof. If any portion of any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, (i) such unenforceable portion of the provision shall be deemed severed from these Terms of Use, (ii) the validity and enforceability of the remaining portion of the provision and the other provisions of these Terms of Use shall not be affected or impaired, and (iii) these Terms of Use shall be amended in order to effect, to the maximum extent allowable by law, the original intent of such provision. The provisions of these Terms of Use that, by their nature, survive the expiration or earlier termination of these Terms or Use or of this Website, shall continue and remain in full force after the expiration or earlier termination of these Terms of Use or this website, including without limitation, any provisions regarding indemnification of AAFE, intellectual property ownership, the disclaimer of any warranties by AAFE, or the limitation of AAFE’s liability.
Neither the failure of a party to enforce at any time any of the provisions of these Terms of Uses nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision. Unless expressly set forth otherwise, no right or remedy granted by any provision of these Terms of Use is intended to be exclusive of any other right or remedy provided in these Terms of Use or otherwise, and each and every right and remedy shall be cumulative and shall be in addition to every other right remedy provided in these Terms of Use, at law, in equity, or otherwise, and the election of any one right or remedy shall not constitute a waiver of any right to pursue other rights or remedies under these Terms of Use, at law, in equity, or otherwise.
Governing Law and Jurisdiction
Access to this website and any and all information, content and services available via this website is governed by all applicable federal, state, provincial and local laws, and, in the case of users resident outside of the United States, you may also be subject to additional laws of the country where you reside. You are responsible for compliance with the laws of your jurisdiction and any other applicable law.
This Website is controlled by AAFE, which is headquartered in Las Vegas, Nevada, United States of America. AAFE can be accessed from all 50 states, as well as from other countries around the world. Since each of these places has laws that may differ from those of Nevada, by accessing this website, you agree that the statutes and laws of the State of Nevada, without regard to conflicts of laws principals thereof, will apply to all matters arising from or relating to use of this website, or any information, content or services available via this website. In the event that any claim, dispute or other controversy arising out of this website, any information, content or services available via this website, these Terms of Use, or any other terms or conditions governing this website (including, without limitation, the Privacy Policy) cannot be amicably settled through good-faith negotiations, you hereby irrevocably consent to the jurisdiction of the federal and state courts in Las Vegas, Nevada as the exclusive forum and venue for the resolution of such disputes, and further waive and agree not to assert as a defense or otherwise, that (i) you are not personally subject to the jurisdiction of the above-named courts, (ii) the suit, action or proceeding is brought in an inconvenient forum, or (iii) the venue of the suit, action or proceeding is improper.
Privacy Policy
This is the official website of the Andre Agassi Foundation for Education (“AAFE”). We can be reached via email: info@agassi.net or you can reach us by phone at (702) 227-5700.
AAFE has created this Privacy Policy to demonstrate our commitment to privacy. The following statement explains our information-gathering and dissemination practices for this website. This Privacy Policy may change from time to time, so please check back periodically. Throughout this Privacy Policy, “we,” “us,” and “our” will mean AAFE. This Privacy Policy does not apply to the practices of persons or entities that AAFE does not control, manage or employ.
When you visit our website, our server does not automatically capture your domain name or e-mail address. However, we may collect the e-mail addresses of those who donate or communicate with us via e-mail or store information on which pages of this site visitor’s access. You can browse our website without telling us who you are or giving us any personally identifiable information about yourself. When you interact with us through your computer, our website does, however, record certain non-identifying site usage data, such as the number of hits and visits to our website. Additionally, our website employs “cookies,” which are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser. We employ “cookies” to perform several functions: to let us know how long you are logged on to our website and to provide us with statistics regarding what pages of our website you visited, and how long you spent there.
The information we collect is used to improve the content of our website, to advise visitors of new on-line materials, and to provide occasional updates about our research efforts and what’s new at the AAFE. Information generated through our website is not shared with other organizations for commercial purposes.
If you elect to donate to AAFE through our website, you will be asked to provide personally identifiable information that may include among other things your name, address, gender, email address, phone-number, credit card type, number and security code (collectively referred to as “Profile Information”). Once you provide us with this information you are no longer anonymous to us.
When you donate to AAFE through our website we will use that information to send you email updates. If at any time you would like to unsubscribe from the AAFE email list, you may do so by contacting us at info@agassi.net with the subject heading “unsubscribe.”
If you choose to make a donation to AAFE, we will use your credit card information only for this transaction through a secure online payment system operated by an independent third party. AAFE does not retain credit card information.
If you have provided your telephone number to us through our website then you may be contacted by one of our volunteers or staff members about campaigns and/or events (such volunteers and staff members are bound by the terms of this Privacy Policy and will not use your personally identifiable information for any other purpose).
We will only disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority or to prevent harm to yourself, AAFE or others. In addition, we may transfer your personally identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in which AAFE participates.
AAFE and/or its subcontractors institute various electronic and administrative safeguards that are reasonably designed to protect your personally identifiable information from unauthorized access, including firewall technologies to help protect your data from hackers and other unwanted visitors. In the event that we collect your credit card information, we will additionally utilize secure and reliable transaction tools, including but not limited to Kintera Sphere products, to encrypt your credit card information you input. Despite use of these safeguards, there are inherent risks in transmission of electronic information. We cannot guarantee and do not represent that your personally identifiable information will always be secure from unauthorized access.
We also may use a managed hosting provider and/or other subcontractors to assist us with the provision and maintenance of the website. If we do, we will impose on such provider confidentiality obligations for the treatment of information.
We provide links on our website to other websites. In addition, some users access our website via another site or a link on another site. We have no control over the websites that link to our website or to which our website links. We are not responsible for the privacy practices or the content of any site other than our website. The existence of a link between our website and other third party sites does not imply an endorsement of these other sites. We are not responsible for the content of such other websites, nor for the treatment of personally identifiable information might you provide while visiting such other websites.
By using the website, you expressly consent to the use and disclosure of information as described in this Privacy Policy. AAFE may modify this Privacy Policy at any time and will post a change notice with the new Privacy Policy on this Site. Your continued use of the website after the posting of the change notice to the Privacy Policy will be deemed to be your agreement to the changed terms.
Our computer systems and some of the computer systems of our third party service providers are currently based in the United States, so your personal data will be processed by us in the United States where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. As a visitor from outside the United States, by using the website you agree to this Privacy Policy and you consent to the transfer of all such information to the United States, which may not offer an equivalent level of protection of that required in the European Union or certain other countries, and to the processing of that information as described in this Privacy Policy.
If you supply us with your postal address, you may receive periodic mailings from us with information about our programs, upcoming events and/or opportunities to support our efforts.
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