Terms of Use

This internet web site, www.miriamstl.org, is owned and operated by the Miriam Foundation (“Miriam”).  The website provides services to you, subject to the following Terms and Conditions of Use (“Terms and Conditions”). It is your responsibility to periodically review the Terms and Conditions, as they may be updated at any time by Miriam. If you do not agree with the Terms and Conditions, do not use the website.  By accessing, browsing, and/or using the website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

COPYRIGHT AND TRADEMARK

All content included on the website, including text, graphics, button icons, images, and software is the exclusive property of Miriam, or others, and is protected by U.S. and international copyright laws. You cannot reproduce or copy any materials on the website in any manner without the express written permission of Miriam.

The trademarks, service marks, and logos used or displayed are registered and unregistered trademarks of Miriam and others. Nothing on the Site should be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without the written permission of the trademark owner.

LINKS AND LINKING

Links to other websites are provided on the website. These linked sites are not under the control of the Miriam, and Miriam is not responsible for the contents of any linked site and does not make any representations regarding the content or accuracy of information on such third-party sites. Miriam provides links only as a convenience, and such inclusion of any link does not imply endorsement by Miriam of the linked site.

You may link to Miriam’s website, but you must comply with all applicable laws. A site that links to Miriam’s website:

  • may link to, but not replicate, content on this website;
  • may not frame content on this website;
  • may not imply that Miriam is endorsing you, your business, or your products or services;
  • may not misrepresent your relationship with Miriam;
  • may not present false information about Miriam, its services, or its website;
  • may not use Miriam’s trademarks without permission; and
  • may not contain content that could be construed as distasteful, offensive or controversial, and may contain only content that is appropriate for viewing by all age groups.

JURISDICTION

Any claims relating to the website and/or materials on the website are governed by and construed in accordance with the laws of the state of Missouri (regardless of the laws that might be applicable under principles of conflicts of law). You irrevocably consent to the exclusive jurisdiction and venue of the Circuit Court of St. Louis County, Missouri or the United States District Court for the Eastern District of Missouri in St. Louis City, Missouri in all disputes arising out of or relating to these Terms and Conditions or use of the website.

DISCLAIMER AND LIMITATION OF LIABILITY

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND MIRIAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SITE OR THE NATURE OR ACCURACY OF THE INFORMATION INCLUDED IN THE SITE. MIRIAM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

RELEASE

YOU HEREBY RELEASE AND FOREVER DISCHARGE MIRIAM AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, ARISING OUT OF, OR IN ANY WAY RELATING TO USE OF THE SITE BY YOU, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED UPON THE ALLEGED NEGLIGENCE OF MIRIAM IN OPERATING THE WEBSITE OR OTHERWISE.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Miriam, and its officers, directors, agents, employees, and their respective successors and assigns, from and against any and all losses, costs, liabilities, obligations, damages, deficiencies, expenses, actions, suits, proceedings, demands, assessments and/or judgments, including reasonable attorneys’ fees, that are caused by, or result or arise from, any breach of these Terms and Conditions by you, or the use of the wesite by you.

GENERAL PROVISIONS

If any provision of these Terms and Conditions shall be declared by a court to be invalid, illegal, or unenforceable, such provision shall be deemed severable from these Terms and Conditions and the other provisions shall remain in full force and effect. The failure of Miriam to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Neither Miriam nor you shall assign these Terms and Conditions, or any of its/your rights or obligations hereunder, without the prior written consent of the other party. These Terms and Conditions shall be binding upon and inure to the benefit of the respective heirs, representatives, successors and permitted assigns of Miriam and you. Miriam reserves the right to disclose any information, including personal information, in order to comply with any applicable laws and/or requests under legal process. The provisions of our Privacy Policy are incorporated herein by reference. Miriam may modify any portion of these Terms and Conditions at any time, so you should periodically review them.