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Terms of Use 

Last Updated January 24, 2024 

These Terms of Use (these “Terms”) apply to your access to and use of  www.farragutstakeholders.org (the “Website”) operated by Farragut Stakeholders Group (“FSG”), a fiscally-sponsored project of Brooklyn Org (“Brooklyn Org”, “we” , “us” or “our”), a  501(c)(3) nonprofit community foundation. 

If you have any questions about these Terms or the Website, you may contact us at press@brooklyn.org. 

By accessing or using the Website, you agree to these Terms, including the class  action waiver. If you do not agree to these Terms, you are not authorized to use the  Website. 

Ownership 

The Website, including all text, graphics, images, photographs, videos, illustrations and other  content contained on the Website, are owned by us or our licensors and are protected under  both United States and foreign laws. Except as explicitly stated in these Terms, all rights in  and to the Website and its content are reserved by us or our licensors. Any use  of the Website or its content other than as specifically authorized herein, without our prior  written permission, is strictly prohibited. 

Trademarks 

The logos, product and service names, slogans and the look and feel of the Website are  trademarks of Brooklyn Org and FSG and may not be copied, imitated or used, in whole or in  part, without our prior written permission. All other trademarks, registered or unregistered,  product names and company names or logos mentioned on the Website are the property of  their respective owners. 

Prohibited Conduct 

You may not use the Website for any purpose that is unlawful or prohibited by these Terms or  that would violate any applicable law, contract, intellectual property right or other third-party  right or commit a tort, and you are solely responsible for your conduct while using the  Website. 

Without limiting the generality of the foregoing, you understand and agree that you may not: • Copy, reproduce, distribute, publicly perform or publicly display all or portions of the  Website, except as expressly permitted by us or our licensors; 

  • Modify the Website, remove any proprietary rights notices or markings, or otherwise  make any derivative works based upon the Website; 
  • Use the Website other than for its intended purpose and in any manner that could  interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the  Website or that could damage, disable, overburden or impair the functioning of the  Website in any manner; 
  • Reverse engineer any aspect of the Website or do anything that might discover source  code or bypass or circumvent measures employed to prevent or limit access to any 

part of the Website; 

  • Use any data mining, robots or similar data gathering or extraction methods designed  to scrape or extract data from the Website; 
  • Develop or use any applications that interact with the Website without our prior written  consent; 
  • Frame the content of the Website on any other web site or use metatags or any other  “hidden text” that incorporates our trademarks, or words confusingly similar to our  trademarks, without our prior written consent; or 
  • Use the Website for any illegal or unauthorized purpose, or engage in, encourage or  promote any activity that violates these Terms. 

Enforcement of the terms of this section is solely at our discretion, and failure to enforce this  section in any instance does not constitute a waiver of our right to enforce it in other  instances. 

In addition, this section does not provide any private right of action for you or for any third  party nor does it create any expectation that the Website will not contain any content that is  prohibited by such rules. 

Links to Other Web Sites 

Our Website may contain links to other websites that we think may be of interest and which  we provide as a convenience to you. We have no control over these other sites and our links  to them do not constitute our endorsement of these websites or their content. You should be  aware when you leave our Website for another and remember that other sites are governed  by their own terms of use and privacy policies, which you should be sure to read. You agree  

that any visits to linked sites are at your own risk and are governed by their terms and  policies. 

Use of Cookies 

The Website uses cookies for marketing and analytics, as explained in our Privacy Policy. By  using or interacting with the Website, you agree to the placement of such cookies. 

Indemnification 

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold  harmless Farragut Stakeholders Group, Brooklyn Org, and their subsidiaries and  affiliates, and each of our respective officers, directors, agents, partners, employees and  volunteers (collectively, the “FSG/Brooklyn Org Parties”) from and against any losses,  liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to  (a) your access to or use of the Website, including your conduct in connection with the  Website; (b) your violation of these Terms; (c) your Feedback; or (d) your violation,  misappropriation or infringement of any rights of another (including intellectual property rights  or privacy rights). You agree to promptly notify us (by email to press@brooklyn.org) of any third party Claims, cooperate with us in defending such Claims and pay all fees, costs and  expenses associated with defending such Claims (including attorneys’ fees). You also agree  that we will have control of the defense or settlement, at our sole option, of any third-party  Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a  written agreement between you and FSG, Brooklyn Org or any other FSG/Brooklyn Org Party.

Disclaimers 

You understand that your use of the Website is at your sole risk. Except as otherwise  provided in a writing signed by us, the Website and any content contained on the Website are  provided “as is” and “as available” without warranties of any kind, either express or implied,  including implied warranties of merchantability, fitness for a particular purpose, title, and non infringement. In addition, we do not represent or warrant that the Website is accurate,  complete, reliable, current or error-free. While we attempt to make your use of the Website  and any Website content safe, we cannot and do not represent or warrant that the Website or  servers are free of viruses or other harmful components. We will not be liable to you or any  other person for any damages that result from the use or inability to use the Website, or as a  result of any content, information, services, or resources made available through the Website. 

Limitation of Liability 

To the fullest extent permitted by applicable law, neither FSG, Brooklyn Org, nor any  FSG/Brooklyn Org Party will be liable to you under any theory of liability—whether based in  contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect,  consequential, exemplary, incidental, punitive or special damages or lost profits arising out of  the use, inability to use, or the results of use of the Website, any websites linked to this  Website, or the materials, information or services contained on the Website or any or all such  websites, even if we or the other FSG/Brooklyn Org Parties have been advised of the  possibility of such damages. The limitations set forth in this section will not limit or exclude  liability for the gross negligence, fraud or intentional misconduct of FSG, Brooklyn Org or any other FSG/Brooklyn Org Parties or for any other matters for which liability cannot be excluded  or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or  limitation of incidental or consequential damages, so the above limitations or exclusions may  not apply to you. 

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY WEBSITE CONTENT,  YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. 

Access on Behalf of Third Party 

If you access or use the Website on behalf of another person or entity, (a) all references to  “you” throughout these Terms will include that person or entity, (b) you represent that you are  authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you  or that person or entity violates these Terms, the person or entity agrees to be responsible to  us. 

Governing Law and Venue 

This Website is owned and operated by us from our offices in Brooklyn, New York. Your use  of the Website, and any related legal action, will be governed by the laws of the State of New  York, except to the extent preempted by U.S. federal law, without regard to conflict of law  rules or principles (whether of New York or any other jurisdiction) that would cause the  application of the laws of any other jurisdiction. 

You irrevocably agree: (A) to bring any claim or dispute relating to your use of the Website  and these Terms exclusively in the state and federal courts located in Kings County, New  York; (B) to submit to the exclusive jurisdiction of those courts; and (C) to waive any objection 

to those courts based on inconvenience or other reasons. 

Class Action Waiver 

You and Brooklyn Org agree that any dispute arising out of or related to these Terms or the  Website is personal to you and Brooklyn Org and that any dispute will be resolved solely  through individual action, and will not be brought as a class action or any other type of  representative proceeding. 

Miscellaneous 

If any provision or part of a provision of these Terms is unlawful, void or unenforceable,  that provision or part of the provision is deemed severable from these Terms and shall not  affect the validity and enforceability of any remaining provisions. 

Our failure to exercise or enforce any right or provision of these Terms will not operate as a  waiver of such right or provision. These Terms reflect the entire agreement between the  parties relating to the subject matter hereof and supersede all prior agreements,  representations, statements and understanding between the parties. The section titles in  these Terms are for convenience only and have no legal or contractual effect. Use of the  word “including” will be interpreted to mean “including without limitation.” You agree that  communications and transactions between us may be conducted electronically. 

These Terms are entered into solely between you and Brooklyn Org on behalf of FSG and will  not create any obligations on the party of Brooklyn Org or FSG to any third party and, except  for your indemnification obligations with respect to the Brooklyn Org Parties, will not be  deemed to create any rights in any third parties. 

Privacy Policy 

For information about how we collect, use, share and otherwise process information about  you collected via the Website, please see our Privacy Policy. 

Modifications to Website, Terms of Use 

We reserve the right to make changes to any information or services on the Website,  including these Terms, without notice to you. Any such changes to the Terms will be posted  here and will be effective upon posting. Your continued use of the Website following the  posting of such changes will mean you accept those changes. You acknowledge and agree  that you are responsible for keeping yourself apprised of any such changes.

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