TERMS OF USE

Thank you for visiting the website of the Sycamore Institute (the “Institute”).  The Institute makes the materials and services on this website available to you subject to the following terms and conditions.  Please read them carefully.

When you visit the Sycamore Institute website or any portion thereof, provide us your information, and/or participate in the programs offered by the Institute, you expressly agree to the terms of this agreement (“Agreement”) and our Privacy Policy.

1.Information; Qualification

You hereby represent, warrant and covenant that (i) all information you provide to us is accurate in all respects and our reliance on the information you provide is justified, , and (ii) you have read and agree to these terms and the terms of our Privacy Statement.

2. Ownership

Unless otherwise noted, all content on our website, in our e-newsletters and in materials we provide is owned by, licensed to, or otherwise used with permission by the Institute (including without limitation, the Sycamore Institute and the Institute logo) and is protected by worldwide copyright laws, as well as applicable laws protecting trademarks, service marks, trade names and trade dress. The compilation (meaning the collection, arrangement, and assembly) of all content on our website is also the exclusive property of the Institute and is protected by worldwide copyright laws. You may use any of the foregoing content only for your personal, non-commercial use. No modification or further reproduction is permitted without our express written consent. We use reasonable efforts to ensure that such content is complete, up-to-date and accurate; however, we make no representations, warranties, or assurances about the accuracy or completeness of such content.

3. License

Unless otherwise indicated, you may reprint, publish, reproduce or otherwise display materials created by the Institute provided that (a) the use is for a non-commercial purpose; (b) you attribute those materials to the Institute and the authors of the material; and (c) you provide a link to our website: http://www.sycamoreinstitutetn.org/

4. Editorial Change Not Permitted

You may not make any editorial changes to articles or materials without first receiving express permission from the Institute.  This provision does not restrict excerpting portions of content in a manner that does not alter the editorial intent.

5. Limit on Use

Except as expressly permitted above, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any material produced by the Institute.  You may not use any material produced by the Institute for any partisan or political purposes.  You may not state, imply, or create the reasonable impression that the Institute adopts or endorses any partisan or political position or candidate.

6. Other Web sites

Our Web site, e-newsletters and/or other communications with our members may contain links or references to other Web sites. We do not endorse and are not responsible for the content, practices or products sold on any other Web site. We are not liable for any resulting damages or injury, and you hereby release us from any liability related to such other Web sites. Your use of other Web sites is subject to the terms, conditions and privacy practices of those Web sites.

7. Other Web sites

Our Web site, e-newsletters and/or other communications with our members may contain links or references to other Web sites. We do not endorse and are not responsible for the content, practices or products sold on any other Web site. We are not liable for any resulting damages or injury, and you hereby release us from any liability related to such other Web sites. Your use of other Web sites is subject to the terms, conditions and privacy practices of those Web sites.

8. Indemnification

You agree to indemnify, defend and hold us, our affiliates and our respective directors, officers, employees and agent harmless from and against any and all losses, claims, damages, costs and expenses, including reasonable attorneys’ fees, arising directly or indirectly from or related to your participation in our programs and/or your use of our Web site.

9. Disclaimer; Limitation of Liability

You agree that your participation in our programs and/or the use of our website is at your sole risk. You understand that you are solely responsible for any damage to your computer system or loss of data that results from any material and/or data downloaded from our website or otherwise. We do not warrant that the function or operation of our website will be uninterrupted or error-free, that defects will be corrected, or that our website or the server that makes it available will be free of viruses or other harmful elements. As a user of our website, you assume full responsibility for any costs associated with its use.

We are providing our programs and our website to you “as-is”, without warranties of any kind. We do not warrant the accuracy, completeness, currentness, noninfringement or availability of our programs or website, nor do we warrant that our website or our e-newsletters will be free of viruses or other harmful components.

We disclaim any and all implied warranties of title, merchantability or fitness for a particular purpose, other than those implied warranties that are incapable of exclusion or limitation under the law applicable to this agreement.

In no event shall we, our officers, directors, employees, agents, representatives or affiliates, be liable for any direct, indirect, incidental, special or consequential damages arising out of your participation in our programs or use of our website even if we are advised beforehand of the possibility of such damages; it being understood, however, that this disclaimer and limitation of liability will not apply to the extent such liability is incapable of exclusion, restriction or modification under the laws applicable to this agreement. You agree that you will not hold us responsible for any selection or retention of, or the acts or omissions of third parties in connection with your participation in our programs.

10. Compliance with Law

You agree to comply with all applicable laws, rules and regulations in connection with your participation in our programs and use of our website, and will not engage in any act that has an adverse impact on the performance or availability of our programs or our Web site.

11. Certain Rules of Conduct

You agree not to link to or post on our website any content which (i) is defamatory, obscene, pornographic, abusive, harassing or threatening, (ii) contains viruses or other contaminating or destructive features, (iii) infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (iv) otherwise violates any applicable federal, state or local law, regulation or rule. We reserve the right to delete, move or edit any information you provide that we determine, in our sole discretion, violates this Agreement or is otherwise unacceptable to us.

12. Termination

We reserve the right (but have no obligation) to terminate your participation in our programs if we believe that you have violated the terms of this Agreement.

13. Miscellaneous

Our Privacy Statement and this Agreement shall constitute the entire agreement between you and us relating to the subject matter hereof, and supersedes all prior agreements related to the subject matter hereof. Our relationship shall be governed by the laws of Tennessee without regard to its conflict of laws principles. Any action or dispute between you and us shall be resolved exclusively by a court within Davidson County, Tennessee and you hereby consent to the personal jurisdiction of such courts. You hereby waive any objection that you may now or hereafter have to the venue of any such suit or any such court or that such suit was brought in an inconvenient forum. Our failure to exercise or enforce any right or provision hereof shall not constitute a waiver of such right or provision. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms shall remain in full force and effect. In any action to enforce this Agreement, the prevailing party will be entitled to costs and reasonable attorneys’ fees.

14. Modifications

We reserve the right to modify this Agreement at any time or to add any conditions, and will make available such modifications on our website. Your subsequent participation in our programs or use of our website shall be deemed an unconditional acceptance of such revised Agreement. Please contact us with questions at any of the following: lberlind@sycamoreinstitutetn.org