Last updated: May 13, 2021
The American Swiss Foundation ("ASF") provides this website (americanswiss.org) and any other sub-domains or affiliated websites of americanswiss.org (collectively, the "ASF website") in support of its charitable and educational mission to connect and engage Swiss and American leaders. By accessing the ASF website, you represent and warrant that you are legally entitled to do so, and accept without limitation or qualification these terms and conditions as they may be updated from time to time (the "Terms and Conditions"). ASF may revise these Terms and Conditions at any time by posting a revised version of the Terms and Conditions on the ASF website, which revisions shall be binding. You should refer back to the Terms and Conditions from time to time to review any revisions that may have been made. If you do not wish to be bound by the Terms and Conditions, please refrain from accessing the ASF website or from any further use.
Use of the ASF website and Member Login
You affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully competent, to use the ASF website and Member Login and to enter into and comply with these Terms and Conditions.
You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities on the ASF website and Member Login.
You may not use the ASF website and Member Login for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the ASF website and Member Login and your content, including but not limited to, copyright laws.
You must not interfere with or disrupt the ASF website and Member Login or servers or networks connected to ASF website and Member Login, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
You must not create accounts with ASF website and Member Login through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You must not attempt to restrict another user from using or enjoying ASF website and Member Login and you must not encourage or facilitate violations of these Terms and Conditions.
Certain areas of the ASF website and Member Login provide tools for the exchange of ideas and information between users. ASF is not responsible or liable for any content, including content, that is posted or distributed pursuant to such user to user exchanges. The views and opinions expressed by users are theirs alone, and are not endorsed by, and should not be ascribed to ASF. You are solely responsible for all content you post, and you assume all risks relating to its use by others and others' reliance on its accuracy.
You acknowledge and agree that ASF has no obligation to display, monitor, or take any action with respect to the content on ASF website and Member Login except for any statutory obligations applicable to ASF. ASF reserves the right, without the obligation, to edit the ASF website and Member Login and to edit, remove, delete or refuse any content including content posted or generated by you or other users for any reason without notice to users. If such content violates the above standards, applicable law or any other provision of these Terms and Conditions, ASF reserves the right to terminate your Member Login and right to use the ASF website, in addition to any other rights or remedies available. ASF does not approve or endorse any content posted or generated by you or other users, and you agree that ASF will have no responsibility or liability in connection with your use of any such content.
ANY ATTEMPT BY ANY USER TO DAMAGE THE AFS WEBSITE OR MEMBER LOGIN OR UNDERMINE ITS OPERATION MAY BE A VIOLATION OF CRIMINAL OR CIVIL LAWS. ASF RESERVES THE RIGHT TO TAKE LEGAL ACTION AGAINST ANY SUCH PERSON.
Links to other Websites and Materials
The ASF website also contains links to other websites, and occasionally publishes or republishes third party materials for your convenience only. ASF does not endorse, and is not responsible or liable for, any third-party content, including the republished speeches, comments or works that appear on the ASF website, or any third-party websites, whether or not linked to the ASF website. If you access or use any such third-party websites or materials, you do so solely at your own risk. Some websites may be outside your country and subject to different laws and regulations. Your interactions with any third-party website will be governed by privacy policies and other terms and conditions of that website, even if that website is linked to the ASF website.
Intellectual Property Rights
The trademarks, service marks, and logos that appear on the ASF website, including, without limitation, "American Swiss Foundation," "ASF" and our crossed-flag logo are unregistered marks of ASF (collectively, "ASF Trademarks"). Similarly, images, text, documentation, electronic text and image files, audio and video files and clips, and other materials on the ASF website are protected by copyright laws, and may be covered by other restrictions, including, for example, rights of privacy and publicity. Copyrights, trademarks, service marks, logos and other proprietary rights of third parties may also appear on the ASF website. Except as may be expressly stated elsewhere on the ASF website, nothing on the ASF website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the ASF Trademarks, or any other intellectual property or other rights of ASF or any third party.
The reproduction, publication, retransmission, modification, selling, licensing, and other exploitation of the contents of the ASF website, for commercial purposes or otherwise, including, without limitation, any trademarks, copyrights or other proprietary materials of ASF or any third party, is prohibited without ASF's prior written consent, and may require additional consent from third parties. Anyone wishing to use any of the foregoing must request and receive prior written permission from ASF and, as applicable, the third party who holds rights in the applicable content. Permission for such use is granted on a case-by-case basis and at the sole discretion of ASF and, as applicable, the relevant third party. For information concerning permissions, call 212-754-0130 or email [email protected].
Member Login and Termination
You agree to provide accurate and complete information when creating or updating your Member Login. You are solely responsible for the activity that occurs on your Member Login, and you must keep your account password secure. You agree to notify us immediately at [email protected] of any unauthorized use of your Member Login or other breach of security. You may not use another's Member Login without permission. ASF may terminate your Member Login if you violate any provision of these Terms and Conditions or fail to comply with requests concerning your Member Login. Member Logins may not be shared, transferred, or sold to other parties, nor are they to be used by or made available to any person or entity except the registered user.
The rights granted to you hereunder will terminate automatically upon any breach by you of these Terms and Conditions, unless ASF otherwise specifically agrees in writing, but the other provisions of these Terms and Conditions will survive any such termination. ASF RESERVES THE RIGHT AT ANY TIME IN ITS SOLE DISCRETION TO CEASE PROVIDING THE ASF WEBSITE OR MEMBER LOGIN, TO CHANGE OR DISCONTINUE ANY ASPECT OR ELEMENT OF THE ASF WEBSITE OR MEMBER LOGIN, OR TO CEASE MAKING THE ASF WEBSITE OR MEMBER LOGIN AVAILABLE.
Indemnification, Disclaimer and Limitation of Liability
ASF PROVIDES THE ASF WEBSITE ON AN "AS IS" BASIS. YOUR USE OF THE ASF WEBSITE AND ITS CONTENTS ARE AT YOUR OWN RISK. ASF DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER ASF, NOR ANY OF ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, SHALL HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR ANY REASON, WHETHER OR NOT ARISING FROM OR RELATED TO YOUR USE OF THE ASF WEBSITE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, THOSE THAT MAY ARISE IN CONNECTION WITH THE UNAVAILABILITY OF THE WEBSITE, OR VIRUSES OR OTHER MALICIOUS CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY OR INFORMATION. ALTHOUGH WE MAKE REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE WEBSITE, WE ASSUME NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO THE INACCURACY OF CONTENT.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD ASF, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROM ALL CLAIMS, CAUSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES), JUDGMENTS, LIABILITIES, LOSSES, AND DAMAGES ARISING FROM OR RELATING TO YOUR UNAUTHORIZED USE OF THE ASF WEBSITE OR MEMBER LOGIN AND/OR YOUR FAILURE TO COPMLY WITH ANY PROVISION OF THESE TERMS AND CONDITIONS.
Severance, Waiver, Venue and Choice of Law
You acknowledge and agree that, in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable in any respect, the validity, legality, or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, you agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions.
No failure or delay by ASF to exercise or enforce any right or provision of these Terms and Conditions shall constitute a waiver of such right or provision unless expressly waived in writing by ASF.
These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms and Conditions, or your use of the ASF website or any of the content hereon, shall be brought in any Federal or State court located in New York County and the State of New York, and, to the extent permitted by law, the parties hereby waive any objection that they may have to personal jurisdiction in these courts.