PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF SERVICE POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MAY NOT ACCESS THIS WEBSITE.
Access and use of the service.
By using the information, tools, software, features and functionality including content, updates and new releases located on goodshepherdfund.org (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the website) or you are a “User” (which means that you have created an account with Good Shepherd Fund). The term “you” refers to a Visitor or a User. The terms “we” and “us” refer to Good Shepherd Fund. If you wish to become a User, and make use of the Service, you must read this Agreement and indicate your acceptance during the Application process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Good Shepherd Fund.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
Unauthorized use of Good Shepherd Fund’s Websites and systems, including but not limited to unauthorized entry into Good Shepherd Fund’ systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.
You acknowledge that Good Shepherd Fund may disclose and transfer any information that you provide through this Website to (i) Good Shepherd Fund and its affiliates agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Website you agree to such transfers. Use of this Website, including any patterns or characteristics concerning your interaction with it, may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording.
You agree not to attempt to log on to the Website from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Website from one of these countries may result in your access being restricted and/or terminated.
Access and interference.
You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor goodshepherdfund.org or any portion of goodshepherdfund.org, without Good Shepherd Fund’s express written consent, which may be withheld in Good Shepherd Fund’ sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search goodshepherdfund.org, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer); Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of goodshepherdfund.org or the Service; or Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of goodshepherdfund.org or the Service.
Links to other websites.
Our Websites may contain links to other sites operated by third parties. Good Shepherd Fund has no control over third-party sites, is not responsible for the content, accuracy or opinions expressed on such sites, cannot guarantee the content of such sites is accurate, legal, and/or inoffensive, and in no way investigates, monitors or checks such sites. Inclusion of any linked website on our Websites does not imply approval or endorsement of the linked third-party sites by Good Shepherd Fund, and we do not warrant that they do not contain viruses or other features that may harm your computer. WHEN YOU ACCESS THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. If you use our Websites to link to a third-party site, you understand and agree that you may not make any claim against us for any damages or losses resulting from linking to and/or using said site. If you have a problem with a link from our site, however, please notify us at firstname.lastname@example.org.
Rights you grant to us.
By submitting information, data, passwords, usernames, PINs, other log-in information, materials, and other content to or through the Service, you are licensing that content to Good Shepherd Fund and its service providers solely for the purpose of providing the Service. Good Shepherd Fund and its service providers may use and store the content, but only to provide the Service to you. By submitting this content, you represent that you are entitled to submit it to us for this purpose.
We welcome all comments, feedback, information, or materials (“Feedback”), which you submit to us by email or otherwise through or in conjunction with our Websites. Please note that Feedback shall be considered non-confidential and become the property of Good Shepherd Fund. By submitting Feedback to us, you agree to a no-charge assignment to us of all right, title, and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. We are free to use Feedback on an unrestricted basis.
The works of authorship contained in the goodshepherdfund.org Website (the “Website”), including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by Good Shepherd Fund. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without Good Shepherd Fund’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of Good Shepherd Fund’s proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
The absence of a trademark, trade name, or service mark does not constitute a waiver of our intellectual property rights concerning that trademark, trade name, or service mark. All trade names, trademarks, or service marks are property of their respective owners. The use of any of our trade names, trademarks, or service marks without our express written consent is strictly prohibited. If you have any questions, you may contact us at email@example.com.
Web content and materials.
The information on this Website is for information purposes only. It is believed to be reliable, but Good Shepherd Fund does not warrant its completeness, timeliness, or accuracy.
You agree that (i) you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements you may have with Good Shepherd Fund.
GOOD SHEPHERD FUND OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS, OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND GOOD SHEPHERD FUND DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. GOOD SHEPHERD FUND RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THIS WEBSITE AND INFORMATION, PRODUCTS OR SERVICES VIA THIS WEBSITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY GOOD SHEPHERD FUND TO ANY PERSON TO USE THE WEBSITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
Potential disruption of service.
Access to the Website may from time to time be unavailable, delayed, limited, or slowed due to, among other things:
Hardware failure, including among other things, failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment, software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content overload of system capacities, damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters interruption (whether partial or total) of power supplies or other utility of service strike or other stoppage (whether partial or total) of labor governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Good Shepherd Fund
LIMITATION OF LIABILITY
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED “AS IS” “AS AVAILABLE”. GOOD SHEPHERD FUND AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. GOOD SHEPHERD FUND AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, GOOD SHEPHERD FUND WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL GOOD SHEPHERD FUND BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND GOOD SHEPHERD FUND’ CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
GOOD SHEPHERD FUND FINANCIAL AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, GOOD SHEPHERD FUND AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND GOOD SHEPHERD FUND AND ITS AFFILIATES’ CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING GOOD SHEPHERD FUND’ RESPONSIBILITIES AND OBLIGATIONS TO USERS IF DOING SO WOULD CONFLICT WITH APPLICABLE LAWS AND REGULATIONS.
UNDER NO CIRCUMSTANCES WILL GOOD SHEPHERD FUND BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER GOOD SHEPHERD FUND HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Enforceability and governing law.
In the event any of the terms or provisions of these Terms of Service shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms of Service shall be subject to any other agreements you have entered into with Good Shepherd Fund. The user’s access to and use of the goodshepherdfund.org Website, and the terms of this disclaimer are governed by the laws of the State of Philadelphia.
Notice for California Users:
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1-916-445-1254 or 1-800-952-5210.
Violation of Terms of Service.
If we believe you have violated this Agreement, we may, without prior notice, terminate your access to and use of services provided by our Websites. Where applicable, we may take legal action against you or report you to law enforcement, other users on your account, and our partners and affiliates.