Welcome to the www.jolkona.org website (the "Website"). Thanks for visiting! The Website is provided to assist users interested in donating money to high-impact projects that show tangible results. The terms "we," "us," "our," and "Jolkona" refer to Jolkona Foundation, Inc., a California corporation, also registered in Washington with a registered address of P.O. Box 2153, Kirkland, WA 98083, and/or our subsidiaries.
The Internet and technology are changing rapidly. Accordingly, Jolkona may, in its sole discretion, modify these Terms and Conditions from time to time. We may modify, suspend or discontinue, temporarily or permanently, the Website or any particular feature thereof, with or without notice, and without liability to you. Modifications to these Terms and Conditions will be posted clearly on the Website and will be effective immediately upon posting. By continuing to use the Website following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE WEBSITE. We may attempt to notify you when we make such modifications, but you should periodically return to this page and should review the most recent Terms and Conditions.
To access some areas and features of our Website, you must create an account. You may never use anyone else's account without permission. When creating your account, you must provide accurate and complete information. When you sign up for an account, you will be asked to choose a password. You are entirely responsible for ensuring that your account password is kept confidential and secure. You agree not to use the account or password of any other account-holder at any time or to disclose your password to any third party.
You are solely responsible for the activity that occurs on your account. If you discover any breach of security or unauthorized use of your account, you must notify Jolkona immediately. Although Jolkona will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Jolkona or others due to such unauthorized use.
We may immediately terminate your account if you violate these Terms and Conditions.
The Services contain our "Content. "Content" means the content featured or displayed on this Website including but not limited to text, graphics, photographs, images, moving images, sounds, illustrations, and software. Our Content belongs to us and our partner agencies. Our Content is protected by copyright, trademark, patent, trade secret and other laws relating to intellectual property rights, to the fullest extent applicable under both United States and foreign laws, and we own and retain all rights in our Content and the Services. We grant you a limited, revocable, nonsublicensable license to reproduce and display our Content (but not any software object or source code) solely for your personal use in connection with viewing the Website and using the Services. We reserve all rights not expressly granted in and to our Content and the Website. 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 of our Content or enforce limitations on use of the Website or our Content. Unauthorized use of the Content and other materials on this Website could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States.
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 Conditions and to abide by and comply with these Terms and Conditions. We do not intend to collect personal information from anyone under 18 years of age. If you are under 18, you should not enter any information on this Website or should ask a parent to do so for you. Because the Website is not intended for children under 13, you affirm that you are over the age of 13. If you are under 13, then please do not use this Website. Instead, decide with your parents or guardian what websites might be of interest to you.
Our Website contains links to other websites not operated or maintained by Jolkona Foundation, Inc. These links are provided solely as a convenience to you and not as an endorsement by us of the contents of such third party websites. We do not have control over, make no representation regarding, and assume no responsibility for the content, privacy policies, terms and conditions or practices of any third party websites. If you decide to access any of these linked websites, you do so at your own risk, and waive any and all claims against Jolkona regarding the inclusion of links to outside websites or your use of those websites. These linked websites may contain terms and conditions, privacy policies, and guidelines to which you are subject while using those sites. We encourage you to become familiar with the terms and conditions and privacy policies of any linked site upon access.
DISCLAIMERS OF WARRANTIES: WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE WEBSITE OR OUR CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND OUR CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF OUR CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, OR LINKS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER WE NOR OUR DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REMEDY: IF YOU ARE DISSATISFIED WITH THIS WEBSITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE WEBSITE.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. We make no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this Website and the provisions of these Terms and Conditions.
The Website is controlled and offered by Jolkona from our headquarters 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 risk and are responsible for compliance with local law.
You acknowledge and agree that spam is harmful to a website, service, or network and causes injury, including damage to the reputation and goodwill, which is difficult to measure. As a reasonable estimation of harm, you agree to pay us $50 for each unsolicited commercial email or other unsolicited commercial communication that you send from, to, or through the Website.
You agree to defend, indemnify and hold harmless Jolkona, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Website; (b) your violation of any term of these Terms and Conditions; or (c) 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 Conditions and your use of the Website.
Any software that may be made available for downloading from the Website is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such software. The downloading and use of such software is conditioned on your agreement to be bound by these Terms and Conditions and any relevant licensing agreement.
Software available in connection with the Services is further subject to United States export controls. No such software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export control laws. Downloading or using software is at your sole risk.
These Terms and Conditions shall be interpreted, construed and governed by the laws of the State of [California], USA, without reference to its laws relating to conflicts of law and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the [Superior Court for Los Angeles County or the Federal District Court of the Central District of California] (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, we shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in our opinion, such action is necessary or desirable.
Nothing in these Terms and Conditions shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship of any kind between you and us.
The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
We may assign these Terms and Conditions freely at any time without notice. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of each party's permitted successors and assigns.
Should any clause of these Terms and Conditions be found unenforceable, wherever possible, this will not affect any other clause and each will remain in full force and effect. Our failure to expressly enforce any provision of these Terms and Conditions does not waive our rights to enforce that or any other provision.
These Terms and Conditions constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between you and us relating to this subject matter.