Terms and Conditions

Last updated:  October 26, 2020

This website (the “Site”) is provided by Kirksey Family Foundation, a Texas private family foundation (“us”, “we”, or “our”). Please read these Terms of Use (the “Terms”) carefully before accessing or using the Site. Each time you access or use the Site, you agree to be bound by these Terms. If you disagree with any part of these Terms, then do not access or use the Site. Your use of the data on this site may be monitored by Kirksey Family Foundation, and the resultant information may be used by Kirksey Family Foundation in accordance with the rules of any applicable regulatory or self-regulatory organization. Kirksey Family Foundation may use “cookies” and/or other technologies (collectively, “cookies”) in order to help Kirksey Family Foundation improve and enhance the website experience for all visitors. If you would prefer not to have such cookies stored on your computer, you may modify your browser settings to reject most cookies, or manually remove cookies that have been placed on your computer; however, by rejecting the cookies, you may be unable to fully access the offerings on Kirksey Family Foundation’s site. You may obtain information about managing cookies by going to www.aboutcookies.org.

The content of this Site is made available to you only for your personal, non-commercial, lawful use. You agree that you will not use the Site for any other purpose. Moreover, you are permitted to store, display, analyze, modify, reformat, and print the information made available to you via this site only for your own use. You are not permitted to publish, transmit, or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of Kirksey Family Foundation. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark, or any other notices that are provided to you in connection with the information. Kirksey Family Foundation reserves the right, at any time, in the interests of its editorial discretion and business judgment to add, modify, or remove any of the information. These Terms and Conditions of Use are not intended to, and will not, transfer or grant any rights in or to the information other than those which are specifically described herein, and all rights not expressly granted herein and reserved by Kirksey Family Foundation or the third-party providers from whom Kirksey Family Foundation has obtained information. You are required to read and abide by any additional terms and conditions that may be posted on this site concerning information obtained from specific third-party providers. Such third-party providers shall have no liability to you for monetary damages on account of the information provided to you via this site. Kirksey Family Foundation makes no warranty, express or implied, concerning this site. The data provided by Kirksey Family Foundation and its third-party providers are on an as is basis at your sole risk. Kirksey Family Foundation expressly disclaims any implied warranty of merchantability or fitness for a particular purpose, including any warranty for the use of the results of the use of the services with respect to their correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability. Furthermore, neither Kirksey Family Foundation nor any of its third-party providers shall have any responsibility to maintain the data made available on this site or to supply any corrections, updates, or releases in connection therewith. Availability of data is subject to change without notice.

Our Site may contain links to third-party websites. We are not responsible for the content of any of these websites or for the security of your personal information when you visit these websites. Our provision of links to other websites is not an endorsement of the websites or their content. You may not “frame” or “mirror” any content on this Site without our advance written consent. This site may provide links to certain internet sites (the “Sites”) sponsored and maintained by third parties. Kirksey Family Foundation is providing such links solely as a convenience to you. Accordingly, Kirksey Family Foundation makes no representations concerning the content of the Sites. The fact that Kirksey Family Foundation has provided a link to the Site does not constitute an endorsement, authorization, sponsorship, or affiliation by Kirksey Family Foundation with respect to the Site, its owners, or its providers. Kirksey Family Foundation has not tested any information, software, or products found on any of the Sites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of the Site, or the suitability or appropriateness of the products or transactions described therein. If you find any link on this Site objectionable and ask us to remove the link, we will consider your request but will have no obligation to remove it or respond directly to you.

We attempt to ensure that the information on this website is complete and accurate, but we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date. Kirksey Family Foundation shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on this site or for any other aspect of the performance of this service or for any failure or delay in the execution of any transactions through this service. In no event will Kirksey Family Foundation be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of you using the data or services made available on this site, even if Kirksey Family Foundation has been advised of the possibility of such damages. Kirksey Family Foundation will have no responsibility to inform you of any difficulties experienced by Kirksey Family Foundation or third parties with respect to the use of the site or to take any action in connection therewith.

Kirksey Family Foundation makes no warranty whatsoever to you, express or implied, regarding the security of the site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this service. You are not authorized to post on or transmit to or from Kirksey Family Foundation’s site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, or profane material, or any other content that could give rise to any civil or criminal liability under the law. Furthermore, we make no warranty that this site is or will be free of viruses, errors, or defects. As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the Web site or communicating with Kirksey Family Foundation through the internet or other electronic and wireless services. Any computer system or other electronic device, whether, it is yours, an internet service provider’s or Kirksey Family Foundation’s can experience unanticipated outages or slowdowns, or have capacity limitations. We disclaim any liability for any damages of any kind arising from or related to your use of this site or from your inability to use this site. This includes without limitation any liability for any damages of any kind caused by downloading, saving, installing, or opening any services accessible through this Site.  Your use of this Site is at your own risk to the fullest extent permitted by law. Furthermore, we have the right to change, discontinue, or limit access to any feature of this site at any time, without any liability to you. Kirksey Family Foundation shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this site, or for any interruption or disruption of such access or any erroneous communication between Kirksey Family Foundation and you, regardless of whether the connection or communication service is provided by Kirksey Family Foundation or a third-party service provider.

You agree to indemnify, defend, and hold harmless Kirksey Family Foundation, LLC and its members, attorneys, assigns, successors-in-interest, vendors, suppliers, licensors, and licensees against any claims, damages, costs (including reasonable attorney fees), and other expenses arising from your breach of  any of these terms, from your acts or omissions related to this site, or from any allegation that content you submitted to this site infringes or otherwise violates the rights of any party, including  without limitation copyrights, trademarks, trade secrets, rights of publicity, or rights of privacy. Decisions based on information contained on Kirksey Family Foundation’s site are the visitor’s sole responsibility, and in exchange for using Kirksey Family Foundation’s site, the visitor agrees to hold Kirksey Family Foundation harmless against any claims for damages arising from any decisions the visitor makes based on such information. You hereby agree that all claims regarding this Site and your use of it will be governed by the laws of the United States and the laws of the State of Texas, irrespective of conflict of laws principles. Except as otherwise provided in these Terms, any disputes arising from or related to this Site and your use of it will be heard exclusively in the state or federal courts located in Dallas, Texas, and you hereby consent to the exclusive personal jurisdiction and venue of these courts for the resolution of any such disputes. You also hereby agree that any such disputes will be resolved only on an individual basis, not on a collective basis. If any provision of these Terms is found to be unenforceable under applicable law, then you agree that the unenforceable provision will be superseded by an enforceable one, and the remainder of the terms will continue in full force and effect. Our failure to enforce any provision or right allowed by these Terms will not be deemed a waiver of that provision or right, or of any other provision or right.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time by posting the updated version of the Terms here. You are responsible for reviewing any updated version of the Terms. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you are no longer authorized to use the Site.