Terms of Use

Last Updated: August 2024

1. Applicability of These Terms

These Terms of Use (the “Terms”), along with any Additional Terms (as defined below), govern the access to and use of any website on which these Terms are posted (the “Website(s)”) and any services provide by or for the Euphotic Foundation via the Website (the “Services”).  These Terms form a binding agreement between the Euphotic Foundation (the “Foundation”, “Us”, “We”, “Our”) and the individual or entity agreeing to these Terms, whether by signing these Terms, clicking “Accept,” checking a box, or accessing, using, viewing, or interacting with the Website in any other manner (“You” or “Your”).

AS FURTHER DETAILED BELOW, WE MAY UPDATE THESE TERMS FROM TIME TO TIME. YOUR CONTINUED ACCESS OR USE OF THE WEBSITE AFTER THE MODIFICATIONS HAVE BECOME EFFECTIVE WILL BE DEEMED YOUR ACCEPTANCE OF THE MODIFIED TERMS. PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

The Foundation may provide You with additional terms or conditions applicable to the Website or the Services by providing such additional terms directly to You, posting such additional terms on Website, making additional terms available through a hyperlink available through the Website or the Services, or otherwise communicating such Additional Terms to You (each set of such terms and conditions, “Additional Terms”), and those Additional Terms shall supplement, be included into, and form part of these Terms.  Examples of some potential Additional Terms could include: (1) terms and conditions applicable to grants available from The Foundation, (2) terms and conditions applicable to registering an individual user account, or (3) terms and conditions applicable to any communication functionality.

You must agree to the Terms (including all applicable Additional Terms, if any) and any privacy policy presented on the applicable Website (each a “Privacy Policy”) to use any Website or any portion thereof.

2. Your Acceptance

Your use of the Website is subject to these Terms as well as the applicable Privacy Policy. Your (i) access to and/or use of any Website, or (ii) express consent to these Terms (whether via a checkbox, a button, a scroll-through, or other action), constitutes Your acceptance of and consent to these Terms and Privacy Policy, and Your agreement to be bound by them. If You do not agree to both the Terms and Privacy Policy, You may not use the Website or Services.

We may update the Terms and/or the Privacy Policy at any time, without notice to You, but posting such updates to the online location these Terms are otherwise available or otherwise providing such update to You (whether directly or indirectly).  

You are only authorized to use the Website if You agree to abide by all applicable laws and to these Terms. Please read these Terms carefully. If You do not agree to these Terms, You are not authorized to and may not use the Website.

3. Website Access

Your permission to use the Website (as set forth in these Terms) is conditioned on: (i) the information that You submit to The Foundation and otherwise provide via the Website is, to the best of Your knowledge, accurate and complete; (ii) You will not copy or distribute any part of the Website in any medium without Our prior written authorization; (iii) You will not alter or modify any part of the Website; and (iv) You will comply with these Terms.

Unless otherwise specified, the materials on the Website are presented solely for the purpose of promoting materials, products, services, or programs available in the United States, its territories, possessions, and protectorates. We make no representation that materials, products, services, or programs on the Website are appropriate or available for use in other locations. If You access the Website or Services from or for locations other than the United States, You do so at Your own risk and You are solely responsible for compliance with any applicable local laws.

By using the Website, You represent that You are of legal age to form a binding contract and are not a person barred by any applicable laws from using the Website. To the extent You provide any information about Yourself to The Foundation or the Website, You agree to provide true, accurate, current and complete information.

To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Website that all the information You provide on the Website is correct, current and complete. You agree that all information You provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and You consent to all actions we take with respect to your information consistent with our Privacy Policy.

If You choose, or are provided with, a username, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

We have the right to disable any account, username, password or other identifier, whether chosen by You or provided by Us, at any time in Our sole discretion for any or no reason, including if, in Our opinion, You have violated any provision of these Terms.

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation;
  • For 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 send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
  • To impersonate or attempt to impersonate The Foundation, a The Foundation employee or representative, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
  • To transmit any sexually explicit material;
  • To engage in any other conduct, including discrimination or harassment, which restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Us, may harm The Foundation and all of its applicable affiliates (or its parent companies, including The Foundation) or users of the Website, or expose them to liability;
  • For any other purpose that The Foundation (or its affiliates), in its sole discretion, may determine is inappropriate, undesirable, or otherwise problematic. The Foundation may, but is not required to, attempt to contact You to notify You that any action(s) You may have taken are deemed inappropriate, undesirable, or problematic by The Foundation, prior to restricting or removing Your ability to access the Website(s).

Additionally, You agree not to:

  • Use the Website in any manner that could disable, damage, or impair the Website 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, tools, programs, algorithms, methods or means (including those known as scrapers) to access the Website for any purpose, including monitoring or copying any of the material on the Website, and You may not obtain or attempt to obtain any information through any means not specifically provided or approved by The Foundation (or its parent companies or other affiliates);
  • Access the Website in a manner that sends more request messages to the servers supporting the Website in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
  • 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, without Our prior written consent;
  • Use any device, software, or routine that interferes with the proper working of the Website;
  • Introduce into the Website or Services 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; and
  • Otherwise attempt to interfere with the proper working of the Website.

Notwithstanding the foregoing, We grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in Our sole discretion.

You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.

4. 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, including by You.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in such materials, other than the content provided directly by Us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Our opinion. 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.

5. Additional Features

5.1. Grants.  We may, in our sole and absolute discretion, offer one or more grants, to You or others (collectively, the “Grants”).  The Grants will be subject to any terms or conditions We may elect to apply additional or substitute to any or all of the Grants (the “Grant T&Cs”), at our sole discretion.  We may make applications to any or all of the Grants available through the Website.  If We do elect to make the application for one or more Grants available, through the Website, any such application that You submit will be subject to these Terms and the Grant T&Cs (as well as any applicable laws, rules, or regulations), unless We specify otherwise (including via the Grant T&Cs).  If You submit an application for any Grant, by doing so you represent and warrant to Us that all information in Your application is true and accurate.  You further represent and warrant that You will immediately update Us if any of the information submitted in Your application changes after submission.  We reserve the right to modify the Grants, the applications therefore, and/or the Grant T&Cs at any time, in our sole and absolute discretion.  

5.2. Third Parties.  The Website may contain links to third-party Website that are not owned or controlled by Us. We have no control over, assume no responsibility for, and expressly disclaim any and all responsibility and liability for the content, privacy policies, or practices of any third-party Website. You hereby specifically release Us from any and all liability arising from Your use of any third-party Website.

6. Submissions

The Foundation welcomes your feedback regarding the Website’s programs and content. If you elect to submit content to the Website (“Submissions”), you grant the Foundation and its licensees the right to use, reproduce, display, perform, adapt, modify, distribute and promote the Submissions in any form, anywhere, and for any purpose. You also warrant and represent that you own or otherwise control all of the rights to the Submissions and that the Foundation’s public posting and use of your Submissions will not infringe or violate the rights of any third party. The Foundation reserves the right to delete all or part of any Submission, for any reason or for no reason at all, without your consent. The Foundation shall not be obligated to use or disclose any of your Submissions.

7. Intellectual Property Rights

The content on the Website, the Services, and the Grants, including without limitation, the text, graphics, and photos created by and for Us, interactive features, text, graphics, video, moving images, user interfaces, visual interfaces, photographs, sounds, music, artwork and computer code, design, structure, selection, coordination, expression, look-and-feel, and arrangement of such content appearing in the Website (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”) as well as any and all copyrights, patents, moral rights, or other intellectual property or proprietary rights (“Intellectual Property”) to or for any of the foregoing, is owned by or licensed to Us, subject to copyright and other intellectual property laws of the United States and/or related foreign laws and international conventions.  You acknowledge and agree that We will retain all rights, titles, and ownership of the Content, Marks and Intellectual Property, and to the extent that You acquire any right title or interest to any of the foregoing, You agree to assign and hereby do assign such rights, titles, and interests to Us. Content on the Website is provided to You “AS IS” for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without Our prior written consent or as expressly provided herein. We reserve all rights not expressly granted in and to the Website and the Content and Intellectual Property contained therein. The use or misuse of the Content (including without limitation the Marks) except as provided in these Terms, is strictly prohibited.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein for any commercial purposes. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. Further, You must not: (i) modify copies of any materials from the Website; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (iv) duplicate, transmit, post, link, deep link, frame, redistribute, sell, decompile, reverse engineer, modify, translate, disassemble, decode or create derivative works from, the Website, the Grants, or the Services, or attempt to do any of the same.

You agree to defend, indemnify, and hold Us harmless from any and all damages, losses, liabilities, judgements, settlements, costs, or other expenses (including attorneys’ fees) any and all claims arising from, relating to, in connection with (i) Your infringement, misappropriate, or misuse of the Content, the Marks, or the Intellectual Property, (ii) Your breach of this Section 7. or any portion thereof. Without limiting the foregoing or any rights or remedies that We may have at law or equity, We may immediately suspend or terminate Your access to the Website, in the event We believe in good faith that You have or will misuses, misappropriate or infringe any of the Content, Marks, or Intellectual Property or otherwise violate any portion of this Section 7.

8. Modifications to the Website

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website. You are expected to check this page frequently, so You are aware of any changes, as they are binding on You.

We may also require You to follow additional rules, guidelines, or other conditions to sign up to use various special features or password-protected areas of the Website (including by not limited to Grants or Services), to participate in certain promotions or activities available through the Website, or for other reasons. In such cases, You may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked “I agree.” If any of the terms of a new click-through agreement are different than these Terms, the terms of the click-through agreement will supplement or amend these Terms, but only with respect to the matters governed by the “click-through agreement.”

9. Termination

We may terminate (i) these Terms, (ii) any account You have registered through or with a Website registered, and/or (iii) Your access to the Website and any Services for any reason (or no reason) at any time, without prior notice to You. Without limiting the foregoing (or requiring any reason for termination whatsoever), potential reasons for such termination shall include, but are not limited to: (a) breaches or violations of the Terms other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by You (self-initiated account deletions); (d) discontinuance or material modification to the Website or Services (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by You in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by You in connection with the Website or Service or any related product. Termination of these Terms or any applicable account may include: (i) removal of access to all pages within the Website; (ii) deletion of Your password and all related information, files and materials; and (iii) barring of further use of the Website. Further, You agree that all terminations for cause shall be made in Our sole discretion and that We shall not be liable to You or any third party for any termination of Your account, any associated email address, or access to the Website.

10. Claims of Copyright Infringement

In the event We receive a copyright infringement notice, We will respond to notices of alleged copyright infringement that comply with applicable law. If You believe any materials accessible on or from this Website infringe Your copyright, You may request removal of those materials (or access to them) from the Website by submitting written notification to Our copyright agent designated below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (the "DMCA"), the written notice ("DMCA Notice") must include substantially the following:

  • Your physical or electronic signature;
  • Identification of the copyrighted work You believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
  • Identification of the material You believe to be infringing in a sufficiently precise manner to allow Us to locate that material;
  • Adequate information by which We can contact You (including Your name, postal address, telephone number, and, if available, email address);
  • A statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the written notice is accurate; and
  • A statement, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

MARIE HEMSLEY
816 FOLSOM STREET - 94107, SAN FRANCISCO - UNITED STATES
415-629-1260
INFO@EUPHOTICFOUNDATION.ORG

If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be effective.

Please be aware that if You knowingly materially misrepresent that material or activity on the Website is infringing Your copyright, You may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

If You believe that material You posted on the Website was removed or access to it was disabled by mistake or misidentification, You may file a counter notification with Us (a "Counter Notice") by submitting written notification to Our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature;
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.;
  • Adequate information by which We can contact You (including Your name, postal address, telephone number, and, if available, email address);
  • A statement under penalty of perjury by You that You have a good-faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • A statement that You will consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located (or if You reside outside the United States for any judicial district in which the Website may be found) and that You will accept service of process from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows Us to restore the removed content if the party filing the original DMCA Notice does not file a court action against You within ten business days of receiving the copy of Your Counter Notice.

Please be aware that if You knowingly materially misrepresent that material or activity on the Website is infringing Your copyright or if You knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, You may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

11. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE, AND ANY SERVICES  YOU RECEIVE FROM US SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF OURS OR THE WEBSITE, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND/OR SERVICES AND YOUR USE THEREOF.  WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT (INCLUDING WITHOUT LIMITATION ANY DESCRIPTION OF ANY SERVICES) OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) VIOLATIONS OF LAW BY US, THE WEBSITE OR SERVICES PROVIDED TO YOU (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR OR SERVICES, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF, TO, OR FROM THE WEBSITE OR SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE FOUNDATION (OR ANY OF ITS AFFILIATES) DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED SITE OR OTHER PROMOTION, AND THE FOUNDATION (OR ANY OF ITS AFFILIATES) WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

12. Limitation of Liability

IN NO EVENT SHALL THE FOUNDATION (OR ANY OF ITS AFFILIATES), OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF A WEBSITE OR SERVICE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT OR THE SERVICES,  (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY LOSS OF, UNAUTHORIZED ACCESS TO, OR MISUSE OF ANY DATA OR INFORMATION (INCLUDING ANY PERSONAL INFORMATION) STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, OF, OR FROM THE WEBSITE OR THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN THE SERVICES, OR ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE FOUNDATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THESE PROVISIONS MAY NOT APPLY TO YOU.

IF ANY PORTION OF THESE LIMITATIONS ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL AGGREGATE LIABILITY OF THE FOUNDATION. SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) CUMULATIVELY, FOR ALL CLAIMS.

The Website is controlled and offered by Us from Our facilities in the United States of America. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

13. Arbitration Agreement and Class Action Waiver

13.1. Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to Your use of Our Website, Grants, and/or Services, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and We agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules, provided that each party will be limited to two (2) depositions and that any discovery will be limited to a maximum of sixty (60) days. You agree that the arbitration shall be held in San Francisco, unless the arbitrator shall determine that venue in such city is unreasonably burdensome, in which cause the arbitrator shall select a venue that is not unreasonably burdensome to both You and Us. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, You and We are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, You and We will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert Your claim in “small claims” court, but only if your claim qualifies, Your claim remains in such court and Your claim remains on an individual, non-representative and non-class basis.

13.2. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of Your claim does not exceed $10,000, We will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of Your claim or the relief sought was frivolous or brought for an improper purpose.

13.3. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of Your decision to opt-out to info@euphoticfoundation.org or to the U.S. mailing address listed in Section 26 of these Terms. The notice must be sent to us within thirty (30) days of your registering to use the Website or agreeing to these Terms, otherwise You shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, We also will not be bound by them.

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

15. Waiver and Severability

15.1. No waiver of by Us of any term or condition set forth in these Terms 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 Us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15.2. If any provision of these Terms 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 will continue in full force and effect.

16. Data Security

We maintain technical and organizational security measures designed to help protect Your personal information from unauthorized access, disclosure, alteration, or destruction. No data transmission or storage system is 100% secure or error-free, and We cannot guarantee the security of the information We collect. We expressly disclaim any and all liability for any breach of security, loss of data, unauthorized access of data, or other security incident.

17. Indemnity

You agree to defend, indemnify and hold harmless The Foundation and all of its applicable affiliates, parents, subsidiaries, directors, officers, employees, licensors, distributors, suppliers, agents, resellers, owners, and operators, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of and access to the Website; (ii) Your use of any Services; (iii) Your violation of any term of these Terms or the Privacy Policy; or (iv) Your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and Your use of the Website, or Services.

18. Ability to Accept Terms

You affirm that You are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. No Website is intended for use or access by children under 13. If You are under 13 years of age, then please do not use any Website. If You believe that a child has submitted Personal Information on or through Our Website without the consent and supervision of a parent or guardian, please contact Us using the information provided below so that We can take appropriate action.

19. Assignment

These Terms, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by You, but may be assigned, transferred, delegated, and sublicensed by Us without restriction.

20. Copyright Notice

Each Website is subject to copyrights (©) registered by The Foundation or its affiliates – All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of The Foundation.

21. Trademarks

All of The Foundation trademarks (as well as all of the trademarks of any The Foundation affiliate) are owned by The Foundation and may not be used for any purpose without Our prior written permission.

22. General

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms at any time in Our sole discretion and without prior notice, which shall take effect upon posting to the Website. It is Your responsibility to review these Terms for any changes. Your use of the Website following any amendment of these Terms will signify Your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

23. Violations of These Terms

Please report any violations of the Terms to info@euphoticfoundation.org.  Please state the reasons for Your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, We, in Our sole discretion, may investigate the matter and take such action as We determine to be appropriate.

24. Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

You hereby agree legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal, state, local, or municipal courts (as applicable) of the United States or the State of California that are located in or near San Francisco, CA. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

25. Contact Us

For more information or questions, please contact Us at:

  • Phone: 415-629-1260
  • Email: info@euphoticfoundation.org
  • Address: 816 Folsom Street - 94107, San Francisco - United States