TERMS & CONDITIONS

Please read these terms and conditions ("Terms & Conditions") carefully before using this website. by using this website, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not use this site.

ACCEPTANCE OF THE TERMS

The following terms and conditions, (these “Terms”) are entered into by and between you and Nous Foundation, Inc.  (“Nous” “the Corporation,” “we,” “us” or “our”). These Terms govern your access to and use of our website, www.nous-foundation.org (the “Website”) and your donations or use of any resources or content offered by us, whether through the Website or otherwise (collectively and together with the Website, the “Services”). 

Please read these Terms carefully. By accessing, browsing or otherwise using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you (1) acknowledge that you have read and understood these Terms, (2) represent and warrant that you meet all of our eligibility requirements for using the Services as described in these Terms, and (3) accept and agree to be bound by these Terms, including any other terms applicable to the Services that are incorporated herein by reference. If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and are representing to us that you have the authority to bind that entity to these Terms (in which case “you” will refer to that entity). If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access or use the Services. 

In addition to these Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). To the extent that there is an express conflict between these Terms and any Additional Terms you and the Corporation have agreed to in connection with any Services, the Additional Terms shall govern with respect to the conflict.

PRIVACY POLICY

Your use of, and participation in, the Services offered by the Corporation is subject to the terms set forth in our privacy policy located at www.nous-foundation.org (the “Privacy Policy”). Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect, use, and treat your information.

CHANGES TO THE TERMS OF USE       

We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit. Any such changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.

ACCESS TO SERVICES

By accessing the Services, you warrant that:

• You are legally capable of entering into binding contracts;

• All registration information you submit is truthful and accurate;

• You will maintain the accuracy of such information; and

• Your use of the Services does not violate any applicable law or regulation.

PAYMENT PROCESSOR; THIRD-PARTY SERVICE PROVIDER

The Corporation uses third-party payment processors to collect donations on its Website. In the course of your donating to the Corporation, third-party payment service providers may receive and implement updated credit card information from your credit card issuer in order to prevent your payment or subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third-party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. You agree not to hold us responsible for banking charges incurred due to payments on your account.

PAYMENT INFORMATION

After you have made your online donation, you will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your donation, you authorize us and our third-party payment processors to charge the amount of the order to your selected payment method.

TERMINATION; REMOVAL OF USER CONTENT

We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms includes, without limitation, the unauthorized copying or download of content from the Services.

ELIGIBILITY; USER RESTRICTIONS

We only permit individuals who are at least 18 years old, or the age of majority in your province, territory or country, and who can form legally binding contracts with us to use the Services. Individuals under the age of 18, or the applicable age of majority, (“Minors”) may utilize the Services only with the consent and support of a parent, legal guardian or other qualified adult. If you are a parent or guardian and you allow your Minor to use the Services, you agree to be bound by the Minor’s use of the Services and by these Terms. If you are a Minor and do not have the requisite parent or guardian consent, please do not attempt to access or use the Services.

You can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction, including the specific laws of your jurisdiction regarding the import, export, or re-export of the Services.

Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria. 

USE OF THE SERVICES; RESTRICTIONS ON USE

We may from time to time in our sole discretion develop and provide updates to the Services, change the Services, restrict access to the Services or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion without notice.  Any such updates or changes will be deemed part of the Services and subject to all terms and conditions of these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.

You may only use the Services as explicitly authorized and in compliance with any policies made available to you within the Services.  You may not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means.

The Services on the Website are for your personal use only.  You may not sell or resell any Services you receive from the Corporation, including but not limited to our illustrations, posts, or original bilingual content.   

LINKS TO THIRD-PARTY WEBSITES

We may provide links to third-party websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites and services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

We do not endorse, guarantee or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the products or services that you may obtain from using any other websites or how any donations you make through such websites will be used. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk. 

INTELLECTUAL PROPERTY

Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in the Services, including without limitation, all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof (collectively, the “Site Materials”). You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms, using the Services does not (1) give you any ownership of any intellectual property rights in our Services or (2) grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property.  Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

In particular, audio or video content from the Corporation not explicitly indicated as downloadable may not be downloaded or copied from the Services. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

You may not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Services. 

COPYRIGHT COMPLAINTS

If you believe in good faith that your copyrighted work has been reproduced on our Website without authorization in a way that constitutes copyright infringement, please provide the Corporation, at the address provided below, the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on this site;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

The information can be addressed to the Corporation through the following email address: bonjour@nous-foundation.org.

THIRD-PARTY MATERIALS AND CONTENT

You understand that the Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third-party web sites (“Third Party Materials”).  In consideration for the Corporation allowing you to use the Services, you agree that we, our affiliates, and third-party partners may place advertising on the Services. 

You acknowledge and agree that the Corporation is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials. We expressly disclaim any responsibility for all aspects of the Third Party Materials and you further acknowledge and agree that the Corporation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any Third Party Materials.

Use of any third-party trademarks or third-party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third party trademarks or content, which shall remain the property of their respective owners.

FEEDBACK AND MATERIALS

Any comments or materials sent to the Corporation (via any medium including e-mail and regular mail) including feedback data, such as questions, ideas, comments, suggestions, or the like regarding this Website or any other products or programs of Nous (collectively "Feedback"), shall be deemed to be non-confidential and shall become the sole property of Nous. You hereby assign all rights in the Feedback to Nous, and Nous shall have no obligation of any kind with respect to such Feedback. Without limiting the foregoing, Nous shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation, without acknowledgment or compensation to you. Further, you expressly waive any moral rights you may have in such Feedback.

REFUND POLICY

The Corporation is grateful for all donations received in support of our mission. Due to restrictions imposed by law and the nature of charitable donations, we cannot provide refunds for donations once they have been received. However, if you believe that your donation was made in error please contact us. All mistaken or unauthorized donations are refunded using the original method of payment.

LIMITATION OF LIABILITY

The services are provided “as is” and without warranty of any kind unless otherwise expressly indicated. Unless otherwise expressly indicated, to the maximum extent permitted by law, the Corporation disclaims all representations and warranties, express or implied, relating to the services or any content on the services, whether provided or owned by the corporation or by any third party, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and any implied warranties arising from course of dealing, course of performance, or usage in trade, all of which are expressly disclaimed. In addition, you assume total responsibility and risk for your use of the services and the Corporation does not make any representation or warranty that any of the services or any content available through any of the services is accurate, complete, available, current, free of viruses or other harmful components or defects, or that the services will meet your requirements. No advice or information, whether oral or written, obtained by you from the corporation shall create any warranty not expressly made herein.

In no event whatsoever shall the corporation, suppliers, or their respective officers, employees, shareholders, agents, or representatives, be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (arising under tort, contract, or other law) regardless of such party’s negligence or whether such party knew or should have known of the possibility of such damages. You understand and agree that the download of any materials in connection with the services is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result from the download or upload of any material. The corporation neither assumes nor does it authorize any other person to assume on its behalf, any other liability in connection with the provision of the services. If notwithstanding the other provisions of these terms, the corporation is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of any services, the Corporation’s liability shall in no event exceed the greater of (1) the total of any fees paid by you to the corporation in the six (6) months prior to the date the claim is asserted for any of the services or feature relevant to the claim, or (2) US$500.00.

In no event shall the Corporation, any other party (whether or not involved in creating, producing, maintaining or delivering the website), and/or the officers, directors, employees, shareholders or agents of any of them, be liable for any direct, incidental or consequential damages of any kind, including, without limitation, loss of use, loss of income, loss of actual or anticipated profits, loss of business, loss of contracts, loss of goodwill or reputation, loss of anticipated savings, loss of, damage to or corruption of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the website, the services, the content or the materials contained in or accessed through the website, including without limitation any damages cased by or resulting from reliance by user on any information obtained from the corporation, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the corporation’s records, programs or services. In no event shall the aggregate liability of the corporation, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of the website exceed any compensation you pay, if any, to the corporation for access to or use of the website. 

These disclaimers and limitations of liability are made to the fullest extent permitted by law.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Corporation, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services or your use of any information obtained through use of the Services. 

GOVERNING LAW

No matter where you’re located, the laws of the state of Louisiana will govern these Terms and the relationship between you and the Corporation as if you signed these Terms in Louisiana without regard to Louisiana state’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in Louisiana for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.

Nous is registered in Louisiana. If you reside outside of Louisiana and plan to donate, please contact us at bonjour@nous-foundation.org for more information.

ARBITRATION

At our sole discretion, we may require you to submit any disputes arising from these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association. The arbitration shall be seated in Louisiana.

SEVERABILITY

If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms. 

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and the Corporation and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved. 

FORCE MAJEURE

We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials. 

ASSIGNMENT

You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect. 

WAIVER

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

COMMENTS, CONCERNS, AND COMPLAINTS

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to bonjour@nous-foundation.org.