Terms & Conditions

October 26, 2010

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

As used herein, “Site” refers to any Web sites on the World Wide Web, emails, and other communications, electronic or otherwise, originating in the United States that are owned and/or operated by the Thiel Foundation, and/or any of our subsidiaries and/or affiliates (collectively, “the Thiel Foundation”). By using the Site, you indicate your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you have no right or license to access the Site and you should not do so.

The Thiel Foundation reserves the right, in its sole discretion, to change, modify, or otherwise update these Terms of Use at any time, or to impose new conditions for use. Such changes, modifications, updates, or additions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, updates, or additions.

The Thiel Foundation may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any feature or content. The Thiel Foundation may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.

USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS, AND RESTRICTIONS

All materials published on the Site (including but not limited to articles, photographs, images, illustrations, audio clips, and video clips) are protected by copyrights which are owned and/or controlled by the Thiel Foundation and/or the third-party provider of the material. The entire contents of the Site are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement, and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the Site. Except for material copyrighted under a Creative Commons license, which is subject to the terms of the specific license, no material from the Site or any Web site owned, operated, licensed, or controlled by the Thiel Foundation may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on the Site for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners’ copyrights and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited.

All trademarks, service marks, and trade names are proprietary to the Thiel Foundation or the other designated owner of a posted mark. Elements of the Site are protected by other laws and may not be copied or imitated in whole or in part.

Our content and any user submissions may be syndicated third-party websites whom are not affiliated with the Thiel Foundation, using technologies including but not limited to RSS.

LINKED COMMUNICATIONS

This Site may contain links and pointers to Internet Communications maintained by others (“Third Party Communications”). The appearance of a link does not imply the Thiel Foundation’s endorsement. The Thiel Foundation has not reviewed all of the Third Party Communications linked to the Site and is not responsible for the contents of or any products or services offered in such Third Party Communications. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster.

JURISDICTIONAL ISSUES

The Site is controlled and operated by the Thiel Foundation from its offices in the State of California, United States of America. The Thiel Foundation makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in San Francisco, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

ENFORCEABILITY AND TERMINATION OF AGREEMENT

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, together with any other terms, conditions or policies set forth elsewhere in the Site, constitute the entire agreement between you and the Thiel Foundation in connection with your access and use of the Site.

The Thiel Foundation may, in its sole discretion, terminate, or suspend your access to all or part of the Site for any reason, including, without limitation, failure to comply with any of these Terms of Use. Upon termination, you must destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use the Site, and the restrictions imposed on you with respect to materials downloaded from the Site and the disclaimers and limitations of liabilities set forth in this agreement shall survive.

DISCLAIMER

Your access to and use of the Site is at your sole risk. If you are dissatisfied with any of the materials contained in the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site.

THE MATERIALS IN THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE THIEL FOUNDATIONAND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY AFFILIATED WEB SITE WITH WHICH IT IS LINKED. THE THIEL FOUNDATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION, OR ADVICE PROVIDED IN OR FROM THIS SITE. THE THIEL FOUNDATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

To the fullest extent permitted by applicable law, the Thiel Foundation and all officers, directors, owners, employees, agents, information providers, affiliates, licensors, and licensees (all of the foregoing, collectively, the “Indemnified Parties”) shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if the Thiel Foundation or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.

You hereby agree to indemnify, defend, and hold harmless the Thiel Foundation and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by the Thiel Foundation and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms of Use (including but not limited to your obligations, representations, and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in the Site. You shall cooperate as fully as reasonably required in the defense of any claim. The Thiel Foundation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

MINORS

This site may contain material that may not be appropriate for minors or children. If there is a concern by parents that children may visit this site, the Thiel Foundation recommends using a parental control software package. While no parental software package replaces careful supervision of Internet use by children, these tools can be a useful addition to your suite of Internet applications.

Quotes

It’s never too late to leave school. — Jonathan Cain, President of the Thiel Foundation

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